❓ A WA parliamentary question on notice addresses a potential breach of environmental license conditions by Kalgoorlie Consolidated Gold Mines (KCGM) regarding the Mt Percy Tailings Storage Facility, revealing that while a breach occurred, prosecution will not follow.
AnsweredQoN 588Legislative Council
QuestionView source ↗
I refer to all previous prosecutions undertaken by the Department of Environmental Protection (DEP) in the past 15 years relating to the Mt Percy Tailings Storage Facility licence operated by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) and a letter dated February 20 2001 titled ‘Quarterly Tailings Storage Facilities (TSF) Monitoring Reports, October - December 2000, Mt Percy TSF, Fimiston TSF, Gidgi TSF’ addressed to Mr John Shipp, Kalgoorlie Consolidated Gold Mines -
(1) Is it correct that the DEP sent a letter dated February 20 2001 to KCGM stating in part ‘A review of the data provided demonstrates that monitoring has been conducted as per License Condition W7(a). However, I draw your attention to License condition W8 which outlines the annual reporting requirement. By the September 30 a report was required to be submitted which covered the monitoring results over the past year. No such report appears to have been received by the DEP’?
(2) If not, will the Minister table a copy of the letter?
(3) If yes to (1), why did the Department write KCGM pointing this out and why is it important?
(4) Is it correct that KCGM responded in writing to the DEP concerning the Mt Percy Tailings Storage Facility with a letter dated March 13 2001 which in part states ‘This monitoring report has not yet been produced … KCGM has engaged groundwater consultant Peter Clifton and Associates to produce this report. It will be available by the end of April 2001 and will include all raw data and its interpretation up to the end of December 2000’?
(5) Can the Minister state the specific text of licence condition W8 referred to in question (1) above?
(6) If not, why not?
(7) Has KCGM breached its licence condition W8 referred to question (1) above or any other licence condition?
(8) If not, why not?
(9) If yes to (7), will the DEP prosecute KCGM for breaching its licence conditions to clearly demonstrate that the Department considers a breach of Section 58 of the
Environmental Protection Act 1986
or any other section to be extremely serious?
(1) Is it correct that the DEP sent a letter dated February 20 2001 to KCGM stating in part ‘A review of the data provided demonstrates that monitoring has been conducted as per License Condition W7(a). However, I draw your attention to License condition W8 which outlines the annual reporting requirement. By the September 30 a report was required to be submitted which covered the monitoring results over the past year. No such report appears to have been received by the DEP’?
(2) If not, will the Minister table a copy of the letter?
(3) If yes to (1), why did the Department write KCGM pointing this out and why is it important?
(4) Is it correct that KCGM responded in writing to the DEP concerning the Mt Percy Tailings Storage Facility with a letter dated March 13 2001 which in part states ‘This monitoring report has not yet been produced … KCGM has engaged groundwater consultant Peter Clifton and Associates to produce this report. It will be available by the end of April 2001 and will include all raw data and its interpretation up to the end of December 2000’?
(5) Can the Minister state the specific text of licence condition W8 referred to in question (1) above?
(6) If not, why not?
(7) Has KCGM breached its licence condition W8 referred to question (1) above or any other licence condition?
(8) If not, why not?
(9) If yes to (7), will the DEP prosecute KCGM for breaching its licence conditions to clearly demonstrate that the Department considers a breach of Section 58 of the
Environmental Protection Act 1986
or any other section to be extremely serious?
AnswerView source ↗
Answered
23 May 2002
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
36 days
(2) N/A. (3) It is standard procedure to audit licence conditions for compliance. The monitoring report had not been received by the required date, as specified in the licence, so a letter was sent to the licensee informing it of this matter. (4) Yes, this statement is correct. (5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(3) It is standard procedure to audit licence conditions for compliance. The monitoring report had not been received by the required date, as specified in the licence, so a letter was sent to the licensee informing it of this matter. (4) Yes, this statement is correct. (5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(4) Yes, this statement is correct. (5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
Enforcement includes a range of options, the most serious of which is prosecution.
(3) It is standard procedure to audit licence conditions for compliance. The monitoring report had not been received by the required date, as specified in the licence, so a letter was sent to the licensee informing it of this matter. (4) Yes, this statement is correct. (5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(4) Yes, this statement is correct. (5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(5) The licensee shall assess the results of the water monitoring program, taking into account the water quality criteria and provide an annual report of these results from a suitably qualified hydrogeologists by 30 September each year. Two copies shall be provided to the Director. (6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(6) N/A. (7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(7) Yes - KCGM has breached its licence condition. (8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(8) N/A. (9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
(9) No. The Minister has been advised that any enforcement action is taken in the context of specific circumstances and in accordance with the DEP's Enforcement Policy. Enforcement includes a range of options, the most serious of which is prosecution.
Enforcement includes a range of options, the most serious of which is prosecution.
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