❓ A WA parliamentary question on notice addresses dust emissions from Kalgoorlie Cement Works, the DEP's response, and the Minister's stance on environmental regulation and enforcement. The questioner seeks details on complaints, actions taken, and future enforcement.
AnsweredQoN 400Legislative Council
QuestionView source ↗
I refer to the Kalgoorlie Cement Works located within Kalgoorlie-Boulder, corner of Wilson and Oberthur streets in a residential area and newspaper article dated Thursday, January 16 2003 titled ‘DEP in for major Change’ which appeared in
The West Australian
newspaper -
(1) Did the Department of Environmental Protection (DEP) issue an environmental field notice in the months of December 2002, January 2003 to Kalgoorlie Cement Works in relation to dust leaving the site?
(2) If yes to (1), can the Minister quote the specific text of the Environmental Field notice and provide the date on which it was issued?
(3) Can the Minister state -
(a) how many letters, emails and complaints; and
(b) the specific nature of each complaint/issue raised has the Department of Environmental Protection received,
concerning the Kalgoorlie Cement works prior the DEP issuing an Environmental Field Notice?
(4) Will the Minister or the Department of Environmental Protection immediately direct that the Kalgoorlie Cement Works ensure that the loading hopper be partially enclosed and an extractor fan blow into a filter or other baghouse be installed to ensure that the neighbour next door does not continually have to make complaints about dust being generated from the site which severely affects his health, amenity and property?
(5) If no to (4), why not?
(6) Will the Department of Environmental Protection now undertake prosecution against Kalgoorlie Cement Works for breaching the
Environmental Protection Act 1986
and any other legislation administered by the Department?
(7) If no to (6), why not?
(8) Is it correct that the Minister has advised the DEP ‘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. Prosecution should not be something which is the last resort, it should be an active tool’?
(9) If no to (8), what specifically did the Minister state to the DEP?
(10) If yes to (8), will the Minister make it very clear to the Kalgoorlie Regional office of the DEP to ensure that the neighbour Mr Chris Right does not have to keep continually making complaints to the DEP in order to have the issues properly and thoroughly addressed in the first instance?
The West Australian
newspaper -
(1) Did the Department of Environmental Protection (DEP) issue an environmental field notice in the months of December 2002, January 2003 to Kalgoorlie Cement Works in relation to dust leaving the site?
(2) If yes to (1), can the Minister quote the specific text of the Environmental Field notice and provide the date on which it was issued?
(3) Can the Minister state -
(a) how many letters, emails and complaints; and
(b) the specific nature of each complaint/issue raised has the Department of Environmental Protection received,
concerning the Kalgoorlie Cement works prior the DEP issuing an Environmental Field Notice?
(4) Will the Minister or the Department of Environmental Protection immediately direct that the Kalgoorlie Cement Works ensure that the loading hopper be partially enclosed and an extractor fan blow into a filter or other baghouse be installed to ensure that the neighbour next door does not continually have to make complaints about dust being generated from the site which severely affects his health, amenity and property?
(5) If no to (4), why not?
(6) Will the Department of Environmental Protection now undertake prosecution against Kalgoorlie Cement Works for breaching the
Environmental Protection Act 1986
and any other legislation administered by the Department?
(7) If no to (6), why not?
(8) Is it correct that the Minister has advised the DEP ‘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. Prosecution should not be something which is the last resort, it should be an active tool’?
(9) If no to (8), what specifically did the Minister state to the DEP?
(10) If yes to (8), will the Minister make it very clear to the Kalgoorlie Regional office of the DEP to ensure that the neighbour Mr Chris Right does not have to keep continually making complaints to the DEP in order to have the issues properly and thoroughly addressed in the first instance?
AnswerView source ↗
Answered
2 April 2003
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
29 days
(b) the specific nature of each complaint/issue raised has the Department of Environmental Protection received, concerning the Kalgoorlie Cement works prior the DEP issuing an Environmental Field Notice?
concerning the Kalgoorlie Cement works prior the DEP issuing an Environmental Field Notice?
1) Yes, an Environmental Field Notice (EFN) was issued. 2) The EFN issued on 6 January 2003, stated “Take Notice that it appears that you are in breach of the provisions of Section 3 of the Environmental Protection (Concrete Batching and Cement Products Manufacturing) Regulations 1998 and are hereby requested to do the following within immediately of the service of this notice: Comply with regulations and ensure dust is minimised. Visible Dust must not leave premise boundary. Failure to comply with the requirements of this Notice could result in enforcement action being taken against you.” 3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
2) The EFN issued on 6 January 2003, stated “Take Notice that it appears that you are in breach of the provisions of Section 3 of the Environmental Protection (Concrete Batching and Cement Products Manufacturing) Regulations 1998 and are hereby requested to do the following within immediately of the service of this notice: Comply with regulations and ensure dust is minimised. Visible Dust must not leave premise boundary. Failure to comply with the requirements of this Notice could result in enforcement action being taken against you.” 3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
concerning the Kalgoorlie Cement works prior the DEP issuing an Environmental Field Notice?
1) Yes, an Environmental Field Notice (EFN) was issued. 2) The EFN issued on 6 January 2003, stated “Take Notice that it appears that you are in breach of the provisions of Section 3 of the Environmental Protection (Concrete Batching and Cement Products Manufacturing) Regulations 1998 and are hereby requested to do the following within immediately of the service of this notice: Comply with regulations and ensure dust is minimised. Visible Dust must not leave premise boundary. Failure to comply with the requirements of this Notice could result in enforcement action being taken against you.” 3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
2) The EFN issued on 6 January 2003, stated “Take Notice that it appears that you are in breach of the provisions of Section 3 of the Environmental Protection (Concrete Batching and Cement Products Manufacturing) Regulations 1998 and are hereby requested to do the following within immediately of the service of this notice: Comply with regulations and ensure dust is minimised. Visible Dust must not leave premise boundary. Failure to comply with the requirements of this Notice could result in enforcement action being taken against you.” 3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
3) The Department of Environmental Protection (DEP) office at Kalgoorlie received five complaints (via phone, e-mail or letter) prior to issuing the EFN. Those complaints principally related to noise and dust emissions. Other complaints that were not relevant to the Environmental Protection Act 1986 were referred to other responsible authorities such as the City of Kalgoorlie Boulder, Worksafe WA, and the Police. 4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
4) The DEP has verbally advised the Kalgoorlie Cement Works (KCW) to partially enclose the cement hopper and to install sprays to minimise dust, and they are in the process of completing this task. The need for extraction fans and filter systems may need to be considered following review of the effectiveness of these measures. 5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
5) Not applicable. 6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
6) The DEP will continue to undertake action in line with its current enforcement policy which is under review. No prosecution action is currently in progress. 7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
7) Not applicable. 8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
8) Yes. 9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
9) Not applicable. 10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
10) I have been advised the DEP has undertaken eight site inspections plus 12 drive by inspections (where they stop and briefly examine dust and noise emissions) of the site. The DEP has also contacted three other adjacent neighbours to KCW. None of those contacted has complaints about the operations at KCW.
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