❓ Hon George Cash raises concerns about the Environment Protection Bill 2002's impact on local authorities, particularly the Shire of Derby-West Kimberley, regarding road verge maintenance. The Minister acknowledges the impracticality of individual permits and outlines alternative solutions like purpose permits and a potential Code of Practice.
AnsweredQoN 1024Legislative Council
QuestionView source ↗
(1) Did the Minister receive a letter from the Shire of Derby-West Kimberley expressing its concern at a proposed clause in the
Environment Protection Bill 2002
which will require local authorities to make application to clear or maintain road verges?
(2) Did the Shire indicate that such a proposal would impose a major impost on the undertaking of regular maintenance works like verge slashing and verge or shoulder maintenance?
(3) Given the enormity of the Shire does the Minister accept that it would be impractical for the Shire to seek an individual permit each time it is required to undertake verge slashing and verge or shoulder maintenance?
(4) Given that the Shire is a body corporate and the Bill proposes a fine of up to $500 000 for unauthorised clearing or a fine of up to $125 000 for a breach of a permit condition what action does the Minister propose to take to resolve this issue?
Environment Protection Bill 2002
which will require local authorities to make application to clear or maintain road verges?
(2) Did the Shire indicate that such a proposal would impose a major impost on the undertaking of regular maintenance works like verge slashing and verge or shoulder maintenance?
(3) Given the enormity of the Shire does the Minister accept that it would be impractical for the Shire to seek an individual permit each time it is required to undertake verge slashing and verge or shoulder maintenance?
(4) Given that the Shire is a body corporate and the Bill proposes a fine of up to $500 000 for unauthorised clearing or a fine of up to $125 000 for a breach of a permit condition what action does the Minister propose to take to resolve this issue?
AnswerView source ↗
Answered
4 September 2003
Responded by
Minister for Local Government and Regional Development representing the Minister for the Environment
Response time
23 days
(1) No, as of 1 September 2003, I have not yet received a letter from the Shire of Derby-West Kimberley expressing concerns relating to the Environmental Protection Amendment Bill 2002. The Department of Environmental Protection (DEP) briefed staff from the Shire on the clearing control provisions within the Bill on 5 August 2003. (2) As a letter from the Shire has not been received, these concerns have not been expressed to me. (3) I agree that it is impractical for any Shire to seek an individual permit every time roadside maintenance is required. The changes to the Environmental Protection Act 1986 allow local councils to be issued with a purpose permit that will cover all road works for the duration of the permit. The DEP has also committed that if a Code of Practice for roadside maintenance is drafted then clearing in accordance with the Code of Practice can be made exempt. (4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(2) As a letter from the Shire has not been received, these concerns have not been expressed to me. (3) I agree that it is impractical for any Shire to seek an individual permit every time roadside maintenance is required. The changes to the Environmental Protection Act 1986 allow local councils to be issued with a purpose permit that will cover all road works for the duration of the permit. The DEP has also committed that if a Code of Practice for roadside maintenance is drafted then clearing in accordance with the Code of Practice can be made exempt. (4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(3) I agree that it is impractical for any Shire to seek an individual permit every time roadside maintenance is required. The changes to the Environmental Protection Act 1986 allow local councils to be issued with a purpose permit that will cover all road works for the duration of the permit. The DEP has also committed that if a Code of Practice for roadside maintenance is drafted then clearing in accordance with the Code of Practice can be made exempt. (4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(2) As a letter from the Shire has not been received, these concerns have not been expressed to me. (3) I agree that it is impractical for any Shire to seek an individual permit every time roadside maintenance is required. The changes to the Environmental Protection Act 1986 allow local councils to be issued with a purpose permit that will cover all road works for the duration of the permit. The DEP has also committed that if a Code of Practice for roadside maintenance is drafted then clearing in accordance with the Code of Practice can be made exempt. (4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(3) I agree that it is impractical for any Shire to seek an individual permit every time roadside maintenance is required. The changes to the Environmental Protection Act 1986 allow local councils to be issued with a purpose permit that will cover all road works for the duration of the permit. The DEP has also committed that if a Code of Practice for roadside maintenance is drafted then clearing in accordance with the Code of Practice can be made exempt. (4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
(4) Clearing, in accordance with a permit or exemption, will ensure that a Shire is not prosecuted.
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