A parliamentary question addresses Magellan Metals' transportation of lead carbonate by rail through Kwinana, querying environmental approvals, potential breaches of licence agreements, community reassurance, environmental testing, and potential penalties for breaches.

AnsweredQoN 136Legislative Council
Asked
16 March 2011
Portfolio
Environment

QuestionView source ↗

MAGELLAN METALS — TRANSPORT OF LEAD CARBONATE
I refer to revelations that 10 trainloads of Magellan Metals’ lead carbonate were transported by rail over two months through Kwinana. (1) Did Magellan have environmental approval for the transportation of lead by rail to Kwinana? (2) In reference to the former environment minister’s assurances that any transgression from Magellan’s licence agreement to ship lead carbonate through Fremantle port will be dealt with swiftly, will the government permanently revoke Magellan’s licence to export lead carbonate now that the licence agreement has been so clearly breached? (3) How does the government intend to attempt to reassure residents along the rail line to Kwinana that they were not at risk of exposure to lead? (4) What environmental testing will be done along the Kwinana route? (5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON

AnswerView source ↗

I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(1) Did Magellan have environmental approval for the transportation of lead by rail to Kwinana? (2) In reference to the former environment minister’s assurances that any transgression from Magellan’s licence agreement to ship lead carbonate through Fremantle port will be dealt with swiftly, will the government permanently revoke Magellan’s licence to export lead carbonate now that the licence agreement has been so clearly breached? (3) How does the government intend to attempt to reassure residents along the rail line to Kwinana that they were not at risk of exposure to lead? (4) What environmental testing will be done along the Kwinana route? (5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(2) In reference to the former environment minister’s assurances that any transgression from Magellan’s licence agreement to ship lead carbonate through Fremantle port will be dealt with swiftly, will the government permanently revoke Magellan’s licence to export lead carbonate now that the licence agreement has been so clearly breached? (3) How does the government intend to attempt to reassure residents along the rail line to Kwinana that they were not at risk of exposure to lead? (4) What environmental testing will be done along the Kwinana route? (5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(3) How does the government intend to attempt to reassure residents along the rail line to Kwinana that they were not at risk of exposure to lead? (4) What environmental testing will be done along the Kwinana route? (5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(4) What environmental testing will be done along the Kwinana route? (5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(5) What action will the government take if Magellan is found to have breached any other conditions of its licence? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
I thank the honourable member for some notice of the question. (1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(1) Magellan Metals’ health, hygiene and environmental management plan defines the route for the transport of containerised lead. Transport through the Kwinana container terminal is outside the route approved in the plan. (2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(2) The Minister for Environment must act in accordance with the Environmental Protection Act 1986. An investigation is being conducted by the Office of the Environmental Protection Authority into breaches of the environmental conditions. Once concluded, the appropriate action will be taken in accordance with the Environmental Protection Act 1986. (3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(3)–(4) Magellan is conducting soil sampling along the Kwinana rail route to determine whether there is any Magellan lead present. This is required to be conducted to the satisfaction of the Office of the Environmental Protection Authority. (5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.
(5) If a proposal is not carried out in accordance with the environmental conditions and procedures set out in the relevant statement, the proponent commits an offence under section 47(1) of the Environmental Protection Act 1986 for which there is a potential maximum penalty for a body corporate of up to $250 000 with a maximum daily penalty of up to $50 000.

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