❓ Details non-compliance with environmental offset conditions under the Environmental Protection Act. Reveals instances of non-compliance by various entities and actions taken by the Office of the Environmental Protection Authority and the Department of Environment Regulation.
AnsweredQoN 3994Legislative Assembly
QuestionView source ↗
(1) How many non-compliances of offset conditions were there in 2012–2013 and 2014–2015 to date (under Part IV and Part V of the Environmental Protection Act )? (2) Which entities were found to be non-compliant? (3) What were the detailed circumstances of the non-compliance in each case? (4) Was the Minister for Environment informed in every case? (5) What action was taken in every case?
AnswerView source ↗
Answered
16 June 2015
Responded by
Minister for Environment
Response time
55 days
Office of the Environmental Protection Authority
(1) 2012-2013 - one
2014-2015 - nil to date
(2) Silver Lake Resources Limited.
(3) The company has not purchased land for inclusion in the conservation estate or contributed funding to the Western Shield fox baiting project as required by the condition.
(4) Yes
(5) The proposal has not yet been implemented. The timing by when the offset must be implemented is being reviewed.
Department of Environment Regulation
(1) 2012-2013 - Nil
2014-2015 - Four
(2) Bunbury Harvey Regional Council, Cooperative Bulk Handling,
J. A. Giumelli, Shire of Kulin.
(3)
(i)
Bunbury Harvey Regional Council
- Permit holder had not executed and returned the conservation covenant, agreement to reserve or some other binding undertaking as required by condition.
(ii)
Cooperative Bulk Handling
- Offset Rehabilitation site had been cropped and generally not implemented in accordance with condition. Permit holder had changed the areas of the offset without amending the clearing permit.
(iii)
J. A. Giumelli
- Offset area not implemented as per submitted management plan under condition 3, property ownership had also changed. An offset area had been established in a different location.
(iv)
Shire of Kulin
- An offset proposal, dated 30 September 2012, was received by the Department of Environment Regulation (DER) on 8 October 2012, while technically a breach of this condition it is of a trivial nature
(eight days late).
(4) No for all listed non-compliances.
(5)
(i) An application to amend the clearing permit was submitted to DER to extend the due date of condition, allowing the permit holder to comply with the condition.
(ii) An application to amend the clearing permit was submitted with an amended Management Plan.
(iii) An application to amend the clearing permit was submitted to DER to change the owner's details and amend the location of the offset.
(iv) This offset proposal was not approved by the CEO. It was revised, re-submitted and approved on 11 December 2014.
(1) 2012-2013 - one
2014-2015 - nil to date
(2) Silver Lake Resources Limited.
(3) The company has not purchased land for inclusion in the conservation estate or contributed funding to the Western Shield fox baiting project as required by the condition.
(4) Yes
(5) The proposal has not yet been implemented. The timing by when the offset must be implemented is being reviewed.
Department of Environment Regulation
(1) 2012-2013 - Nil
2014-2015 - Four
(2) Bunbury Harvey Regional Council, Cooperative Bulk Handling,
J. A. Giumelli, Shire of Kulin.
(3)
(i)
Bunbury Harvey Regional Council
- Permit holder had not executed and returned the conservation covenant, agreement to reserve or some other binding undertaking as required by condition.
(ii)
Cooperative Bulk Handling
- Offset Rehabilitation site had been cropped and generally not implemented in accordance with condition. Permit holder had changed the areas of the offset without amending the clearing permit.
(iii)
J. A. Giumelli
- Offset area not implemented as per submitted management plan under condition 3, property ownership had also changed. An offset area had been established in a different location.
(iv)
Shire of Kulin
- An offset proposal, dated 30 September 2012, was received by the Department of Environment Regulation (DER) on 8 October 2012, while technically a breach of this condition it is of a trivial nature
(eight days late).
(4) No for all listed non-compliances.
(5)
(i) An application to amend the clearing permit was submitted to DER to extend the due date of condition, allowing the permit holder to comply with the condition.
(ii) An application to amend the clearing permit was submitted with an amended Management Plan.
(iii) An application to amend the clearing permit was submitted to DER to change the owner's details and amend the location of the offset.
(iv) This offset proposal was not approved by the CEO. It was revised, re-submitted and approved on 11 December 2014.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.