❓ A WA parliamentary question seeks clarification on the definition of 'freedom from trouble' and 'freedom from difficulty' in the context of environmental emissions and their impact on workers at a prospecting license. The Minister's response refers to the Environmental Protection Act 1986 and argues wastewater doesn't fall under 'noise, odour or electromagnetic radiation'.
AnsweredQoN 2970Legislative Council
QuestionView source ↗
I refer to question on notice No. 2610 of September 22 2005, and the answers provided -
(1) Can the Minister clearly define and explain what freedom from trouble means?
(2) If no to (1), why not?
(3) Can the Minister clearly define and explain what freedom from difficulty means?
(4) If no to (3), why not?
(5) Can the Minister explain how emissions of waste water, whether useful or useless, including hypersaline water and water containing saline, alkaline or cyanide constituents - along with heavy metals - do not unreasonably interfere with the convenience of persons working on any part of the environment located on Prospecting Licence 26/3126, given that the Department of Environment (DoE) has identified and agreed that these emissions cause persons various inconveniences including having to take precautions to avoid contact with the water?
(6) If no to (5), why not?
(1) Can the Minister clearly define and explain what freedom from trouble means?
(2) If no to (1), why not?
(3) Can the Minister clearly define and explain what freedom from difficulty means?
(4) If no to (3), why not?
(5) Can the Minister explain how emissions of waste water, whether useful or useless, including hypersaline water and water containing saline, alkaline or cyanide constituents - along with heavy metals - do not unreasonably interfere with the convenience of persons working on any part of the environment located on Prospecting Licence 26/3126, given that the Department of Environment (DoE) has identified and agreed that these emissions cause persons various inconveniences including having to take precautions to avoid contact with the water?
(6) If no to (5), why not?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
104 days
The Minister for the Environment; Science has provided the following response: The following information is true as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that whilst the Oxford defines 'convenience' as "Freedom from difficulty or trouble" this is part, but not all of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'Freedom from difficulty or trouble' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
The following information is true as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that whilst the Oxford defines 'convenience' as "Freedom from difficulty or trouble" this is part, but not all of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'Freedom from difficulty or trouble' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that whilst the Oxford defines 'convenience' as "Freedom from difficulty or trouble" this is part, but not all of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'Freedom from difficulty or trouble' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(6) Not applicable.
The following information is true as at 20 December 2005. (1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that whilst the Oxford defines 'convenience' as "Freedom from difficulty or trouble" this is part, but not all of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'Freedom from difficulty or trouble' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(1) Enforcement action in regards to these terms would need to be considered on a case-by-case basis. It is worth noting that whilst the Oxford defines 'convenience' as "Freedom from difficulty or trouble" this is part, but not all of the legal proof required to establish unreasonable emissions as per Section 49 of the Environmental Protection Act 1986 . Suffice to say the term 'Freedom from difficulty or trouble' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(2) Not applicable. (3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(3) As per question (1). (4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(4) Not applicable. (5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(5) The term convenience is linked to Section 49 of the Environmental Protection Act 1986 which is unreasonable emissions. Section 49 states that 'Unreasonable emissions' means an emission or transmission of noise, odour or electromagnetic radiation which unreasonably interferes with the health welfare, convenience, comfort or amenity of any person. Accordingly, the DoE considers that waste water does not meet the definition of "noise, odour or electromagnetic radiation". (6) Not applicable.
(6) Not applicable.
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