❓ A parliamentary question addresses environmental approvals for Hesketh Quarry's Yornup Quarry, focusing on DBCA's compliance with environmental offset policies and the Forest Management Plan. The Minister's response clarifies DBCA's role and actions, highlighting a proposed land exchange instead of traditional offsets.
AnsweredQoN 4397Legislative Assembly
QuestionView source ↗
I refer to applications by Hesketh Quarry’s for environmental approvals for its Yornup Quarry, and ask: (a) can the Minister confirm that the Department of Biodiversity Conservation and Attractions (DBCA) is complying with the requirements of the Parks and Wildlife Corporate Policy Statement No. 4: Environmental Offsets when applying environmental offsets; (b) is it correct that, as stated in the WA Environmental Offsets Guidelines, offsets are the final step in the mitigation hierarchy and should only be applied as a last resort after avoidance and mitigation measures have been considered; (c) are regulatory officers required to visit sites such as Yornup Quarry prior to determining that offsets are the only strategy for mitigating environmental concerns; (d) DBCA officers are citing consistency with the Forest Management Plan 2014-2023 as justification for suggesting that Hesketh Quarry’s fund acquisition by ‘Parks and Wildlife’ of land for addition to the forest estate: (i) what aspects of the Forest Management Plan 2014-2023 give direction to such a funding suggestion; (e) the proposed Yornup Quarry consists of an 8.1 ha native vegetation buffer zone (not to be disturbed by mining), 4.8 ha of previously mined and unrehabilitated land, and 15.4 ha of land covered by enforceable rehabilitation obligations from the Department of Mines Industry Regulation and Safety: (i) has DBCA requested Hesketh Quarry's provide environmental offsets to the full area of the mining lease, including the 8.1 ha buffer zone and the 4.8 ha that has been previously mined; and (ii) was verbal advice provided to Hesketh Quarry’s advising that the Director General of DBCA would not accept any environmental offset that did not cover the entirety of the mining lease; (f) can the Minister confirm that DBCA has provided the following documents to Hesketh Quarry's on their request; the Dept of Parks and Wildlife Corporate Policy Statement 4 Environmental Offsets, WA Environmental Offsets Policy, WA Environmental Offsets Guidelines, and if so when; and (g) are the policies and guidelines being applied by DBCA to Hesketh Quarry’s mining lease proposal: (i) if not, why not?
AnswerView source ↗
Answered
13 February 2019
Responded by
Minister representing the Minister for Environment; Disability Services
Response time
4 days
(a) Yes. However, I am advised that Hesketh Quarrys’ proposal to quarry rock in Yornup State forest is not currently under consideration by regulatory agencies with respect to environmental offset requirements.
(b) Yes.
(c) The Department of Biodiversity, Conservation and Attractions (DBCA) does not determine environmental offsets for activities that are subject to approvals under the Environmental Protection Act 1986 , or the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. In the event that an application to clear native vegetation is lodged for the proposed Yornup quarry operation, the relevant regulatory agency would determine whether a site visit, or the need for an environmental offset would be required.
(d) A key goal of the Forest Management Plan 2014-2023 (stated on page 84) is to maintain the net area of native forest and exotic plantations available for providing forest produce within the overall area covered by the plan. The Forest Management Plan also includes a clear intent toward minimising losses to the area and/or integrity of native forests (page 42). The Forest Management Plan is the key policy document for managing the south-west forest regions of Western Australia. All State forests within the Forest Management Plan area are managed in accordance with this document.
(e) (i) DBCA has previously discussed with the applicant a preference, based on the requirements of the Forest Management Plan and the Conservation and Parks Commission’s Position Statement Number 3, for a land exchange of the mining lease application for another land parcel of the same size supporting suitable quality native forest vegetation. The applicant had agreed to this arrangement and included reference to it in its mining proposal submitted in early 2018. The arrangement is not an environmental offset. Rather, it is a separate mechanism applied by the State to avoid a net loss to State forest and prevent the future need for the State to manage a degraded quarry site with attendant liabilities after quarrying operations have been completed. In return, excising the quarry area from State forest and making this land directly available to the applicant will provide the company with long-term, unfettered access and the opportunity for future development of the site for an alternative economic purpose. Should future development of the site be progressed, it will be subject to environmental assessment and requirements, including possible environmental offsets.
(e) (ii) I have been advised that DBCA’s officers do not recall providing such verbal advice.
(f) DBCA does not have a record of providing these documents directly to Hesketh Quarrys, however they are publically available.
(g) DBCA is applying relevant policies and guidelines, including the Forest Management Plan. As indicated in (a) Hesketh Quarrys’ proposal to quarry rock in Yornup State forest is not currently under consideration by regulatory agencies with respect to environmental offset requirements.
(i) Not applicable.
(b) Yes.
(c) The Department of Biodiversity, Conservation and Attractions (DBCA) does not determine environmental offsets for activities that are subject to approvals under the Environmental Protection Act 1986 , or the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. In the event that an application to clear native vegetation is lodged for the proposed Yornup quarry operation, the relevant regulatory agency would determine whether a site visit, or the need for an environmental offset would be required.
(d) A key goal of the Forest Management Plan 2014-2023 (stated on page 84) is to maintain the net area of native forest and exotic plantations available for providing forest produce within the overall area covered by the plan. The Forest Management Plan also includes a clear intent toward minimising losses to the area and/or integrity of native forests (page 42). The Forest Management Plan is the key policy document for managing the south-west forest regions of Western Australia. All State forests within the Forest Management Plan area are managed in accordance with this document.
(e) (i) DBCA has previously discussed with the applicant a preference, based on the requirements of the Forest Management Plan and the Conservation and Parks Commission’s Position Statement Number 3, for a land exchange of the mining lease application for another land parcel of the same size supporting suitable quality native forest vegetation. The applicant had agreed to this arrangement and included reference to it in its mining proposal submitted in early 2018. The arrangement is not an environmental offset. Rather, it is a separate mechanism applied by the State to avoid a net loss to State forest and prevent the future need for the State to manage a degraded quarry site with attendant liabilities after quarrying operations have been completed. In return, excising the quarry area from State forest and making this land directly available to the applicant will provide the company with long-term, unfettered access and the opportunity for future development of the site for an alternative economic purpose. Should future development of the site be progressed, it will be subject to environmental assessment and requirements, including possible environmental offsets.
(e) (ii) I have been advised that DBCA’s officers do not recall providing such verbal advice.
(f) DBCA does not have a record of providing these documents directly to Hesketh Quarrys, however they are publically available.
(g) DBCA is applying relevant policies and guidelines, including the Forest Management Plan. As indicated in (a) Hesketh Quarrys’ proposal to quarry rock in Yornup State forest is not currently under consideration by regulatory agencies with respect to environmental offset requirements.
(i) Not applicable.
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