I refer to answers given on 15 September 2010 to question on notice No. 2651, from which I understand that in 2008-09, 84 licensees extracted a volume of water more than their allocation limit, howeve

AnsweredQoN 3887Legislative Council
Asked
17 May 2011
Portfolio
Water

QuestionView source ↗

I refer to answers given on 15 September 2010 to question on notice No. 2651, from which I understand that in 2008-09, 84 licensees extracted a volume of water more than their allocation limit, however, warning letters regarding this breach were only sent to 35 users. In 2009-2010, 78 licensees extracted a volume of water over their allocation limit, but no warning letters were sent. I ask -
(1) Why were warning letters sent to some licensees who had breached their conditions and not others in 2008-09?
(2) Why were no warning letters sent, or any other enforcement action taken, in 2009-10?

AnswerView source ↗

Answered
28 June 2011
Responded by
Minister for Mental Health representing the Minister for Water
Response time
42 days
The Minister for Water provides the following response:
(1) The Department of Water investigates alleged breaches of licence conditions to determine if prima facie cases exist and takes the appropriate level of response. In 2008-09 where the prima facie case was well established, warning letters were sent. The remaining alleged breaches were dealt with under the department's compliance and enforcement decision-making matrix which provides for alternative responses such as education letters, follow up surveys, telephone calls and meetings with licensees.
(2) In 2009-10 the Department undertook a significant review of its compliance and enforcement policy to ensure a fair and equitable enforcement process was in place. As this review was ongoing in 2009-10 the department recorded all information regarding alleged breaches of licence conditions to enable future enforcement action to be carried out. The revised draft policy is now being implemented in a continuous improvement process and the information gained in 2009-10 is guiding current compliance and enforcement actions.
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