❓ A parliamentary question scrutinizes the Department of Environmental Protection's (DEP) regulatory approach in Kalgoorlie, particularly regarding Kalgoorlie Cement Works (KCW), questioning its role as a strong regulator versus a provider of negotiated solutions to polluters. The Minister's response outlines changes being implemented to strengthen enforcement and resource regional offices.
AnsweredQoN 806Legislative Council
QuestionView source ↗
I refer to question on notice No. 580 of March 20 2003, answers provided and a newspaper article dated Thursday, January 16 2003 titled ‘DEP in for major Change’ which appeared in
The West Australian
newspaper -
(1) Is the Department of Environmental Protection in the Kalgoorlie Regional office a regulator of the
Environmental Protection Act 1986
and other legislation administered by the Department?
(2) If yes to (1), can the Minister explain why the DEP is a regulator?
(3) If no to (1), can the Minister explain why the DEP is not a regulator?
(4) Does the DEP have any powers under the
Environmental Protection Act 1986
to make/suggest solutions to any environmental problems for any premises?
(5) If yes to (4), can the Minister state and quote the text of the specific section of the
Environmental Protection Act 1986
which permits and allows departmental officers to make/suggest solutions to any environmental problems for any premises?
(6) Have Kalgoorlie Cement Works (KCW) employees/contractors engaged Mr Wayne Astill, Craig Byers or any other Departmental officer on a consultancy basis to come up with practical solutions for ongoing issues at KCW which involve allegations of breaches of various legislation administered by the DEP?
(7) If yes to (6), on what basis?
(8) Given that the Minister has clearly publicly stated ‘I told them today we need a shake up… I want a change in the culture of the organization to a focus on protecting the environment and the community, I don’t want to hear any more about negotiated solutions with polluters. I want the DEP to be a strong regulator.’, will the Minister or the Acting Chief Executive Officer of the DEP give the Kalgoorlie Regional office a shake up to change the culture of the organisation to a focus on protecting the environment and the community in order that the DEP is a strong regulator and not a Department which seeks practical solutions to ongoing issues at KCW or any other premises?
(9) If no to (8), why not?
(10) Can the Minister explain how the DEP is ever going to change its culture to a focus on protecting the environment and the community, not the polluter and be a strong regulator given you have the DEP in Kalgoorlie seeking practical solutions to ongoing issues at KCW and at other premises?
(11) If no to (10), why not?
The West Australian
newspaper -
(1) Is the Department of Environmental Protection in the Kalgoorlie Regional office a regulator of the
Environmental Protection Act 1986
and other legislation administered by the Department?
(2) If yes to (1), can the Minister explain why the DEP is a regulator?
(3) If no to (1), can the Minister explain why the DEP is not a regulator?
(4) Does the DEP have any powers under the
Environmental Protection Act 1986
to make/suggest solutions to any environmental problems for any premises?
(5) If yes to (4), can the Minister state and quote the text of the specific section of the
Environmental Protection Act 1986
which permits and allows departmental officers to make/suggest solutions to any environmental problems for any premises?
(6) Have Kalgoorlie Cement Works (KCW) employees/contractors engaged Mr Wayne Astill, Craig Byers or any other Departmental officer on a consultancy basis to come up with practical solutions for ongoing issues at KCW which involve allegations of breaches of various legislation administered by the DEP?
(7) If yes to (6), on what basis?
(8) Given that the Minister has clearly publicly stated ‘I told them today we need a shake up… I want a change in the culture of the organization to a focus on protecting the environment and the community, I don’t want to hear any more about negotiated solutions with polluters. I want the DEP to be a strong regulator.’, will the Minister or the Acting Chief Executive Officer of the DEP give the Kalgoorlie Regional office a shake up to change the culture of the organisation to a focus on protecting the environment and the community in order that the DEP is a strong regulator and not a Department which seeks practical solutions to ongoing issues at KCW or any other premises?
(9) If no to (8), why not?
(10) Can the Minister explain how the DEP is ever going to change its culture to a focus on protecting the environment and the community, not the polluter and be a strong regulator given you have the DEP in Kalgoorlie seeking practical solutions to ongoing issues at KCW and at other premises?
(11) If no to (10), why not?
AnswerView source ↗
Answered
13 June 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
29 days
The Minister for the Environment and Heritage has provided the following response:
1. Yes.
2. The Department of Environmental Protection (DEP) administer, including enforce, the
Environmental Protection Act 1986
and other acts of Parliament.
3. Answered by (2).
4. The suggestion of practical solutions is not undertaken under any particular section of the
Environmental Protection Act 1986
. However , the DEP and public officers can provide advice on simple solutions that may resolve some matters. As from April 2003, with a breach of licence conditions or regulations a written warning is issued, and this written warning can also include directions to resolve the breach.
5. Not Applicable.
6. No.
7. Not Applicable.
8. No.
9. The recent review of the Department of Environmental Protection by Mr Derek Hopkins has initiated a number of changes within the agency. The Acting CEO is implementing the necessary changes from that report as a matter of priority. The early changes include the establishment of an effective enforcement unit and additional resources to Regional Offices to enable them to regulate prescribed premises effectively. These changes, among others, will address the real issues at hand.
10. DEP issued an Environmental Field Notice 1355 on 6 January 2003 for a dust breach and a written warning on 15 January 2003 for a noise breach. However, coupled with this, it is appropriate that the DEP offer practical solutions to enable companies and individuals to comply with the various environmental legislation and codes of conduct.
11. Answered by (10).
1. Yes.
2. The Department of Environmental Protection (DEP) administer, including enforce, the
Environmental Protection Act 1986
and other acts of Parliament.
3. Answered by (2).
4. The suggestion of practical solutions is not undertaken under any particular section of the
Environmental Protection Act 1986
. However , the DEP and public officers can provide advice on simple solutions that may resolve some matters. As from April 2003, with a breach of licence conditions or regulations a written warning is issued, and this written warning can also include directions to resolve the breach.
5. Not Applicable.
6. No.
7. Not Applicable.
8. No.
9. The recent review of the Department of Environmental Protection by Mr Derek Hopkins has initiated a number of changes within the agency. The Acting CEO is implementing the necessary changes from that report as a matter of priority. The early changes include the establishment of an effective enforcement unit and additional resources to Regional Offices to enable them to regulate prescribed premises effectively. These changes, among others, will address the real issues at hand.
10. DEP issued an Environmental Field Notice 1355 on 6 January 2003 for a dust breach and a written warning on 15 January 2003 for a noise breach. However, coupled with this, it is appropriate that the DEP offer practical solutions to enable companies and individuals to comply with the various environmental legislation and codes of conduct.
11. Answered by (10).
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