❓ Hon Giz Watson questions the Minister for the Environment regarding a saline water spill at KCGM's Mount Percy operation, focusing on potential breaches of the Environmental Protection Act 1986 and the Department's response. The Minister confirms the spill reached the Aboriginal Reserve and that an investigation is underway, with past offences to be considered.
AnsweredQoN 4988Legislative Council
QuestionView source ↗
(1) Is it correct that the saline water spill went outside of the bunding and flowed onto the old Aboriginal Reserve?
(2) If no to (1), why not?
(3) Can the Minister state how far in metres did the saline water spill travel from the pipeline bunding and the amount of area in square metres that the saline water spill impacted upon?
(4) If no to (3), why not?
(5) Did KCGM breach section 50 of the
Environmental Protection Act 1986
by discharging waste water in which it was likely to cause pollution?
(6) If no to (8), why not?
(7) Will KCGM be prosecuted for breaching any section of the
Environmental Protection Act 1986
in causing the saline water spill at the Mount Percy operation?
(8) If no to (7), why not?
(9) Can the Minister explain why does the Department of Environment and Conservation continue to tolerate KCGM having saline water spillages that clearly are causing pollution or are likely to be causing pollution without facing prosecution?
(10) If no to (9), why not?
(11) Will the history of the offender, including frequency of all offences including with regard to saline water spillages be taken into consideration for any decision to prosecute KCGM in this matter?
(12) If no to (11), why not?
(2) If no to (1), why not?
(3) Can the Minister state how far in metres did the saline water spill travel from the pipeline bunding and the amount of area in square metres that the saline water spill impacted upon?
(4) If no to (3), why not?
(5) Did KCGM breach section 50 of the
Environmental Protection Act 1986
by discharging waste water in which it was likely to cause pollution?
(6) If no to (8), why not?
(7) Will KCGM be prosecuted for breaching any section of the
Environmental Protection Act 1986
in causing the saline water spill at the Mount Percy operation?
(8) If no to (7), why not?
(9) Can the Minister explain why does the Department of Environment and Conservation continue to tolerate KCGM having saline water spillages that clearly are causing pollution or are likely to be causing pollution without facing prosecution?
(10) If no to (9), why not?
(11) Will the history of the offender, including frequency of all offences including with regard to saline water spillages be taken into consideration for any decision to prosecute KCGM in this matter?
(12) If no to (11), why not?
AnswerView source ↗
Answered
19 September 2007
Responded by
Parliamentary Secretary representing the Minister for the Environment
Response time
36 days
(1) Yes.
(2) Not applicable.
(3) The exact distance and area are difficult to determine as the spill did not leave any apparent impact on the surface. The spill is considered to have travelled at least 62 metres into the reserve. The area has not been estimated.
(4) Not applicable.
(5) The matter is still being investigated by the Department of Environment and Conservation. An officer from the Kalgoorlie office of the Department of Environment and Conservation attended the incident scene and conducted an examination of the site.
(6) Not applicable.
(7) This will be determined at the conclusion of the investigation.
(8) Not applicable.
(9) The Department of Environment and Conservation is required to objectively and impartially investigate incidents and potential breaches of the
Environmental Protection Act
1986. A recent investigation by the Department's Environmental Enforcement Unit and the Kalgoorlie office resulted in a $25,000 penalty being issued to and paid by KCGM earlier this year.
(10) Not applicable.
(11) The major focus of investigations into environmental incidents is the objective and impartial collection of evidence. Each case is assessed on its own merits and the strength of the evidence obtained. Should a
prima facie
case be established as a result of an investigation, then the decision to administer a sanction, which may include prosecution, is based on the Department's Enforcement and Prosecution Policy. The Policy states that the alleged offender's previous history is a factor when considering a prosecution.
(12) Not applicable.
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(2) Not applicable.
(3) The exact distance and area are difficult to determine as the spill did not leave any apparent impact on the surface. The spill is considered to have travelled at least 62 metres into the reserve. The area has not been estimated.
(4) Not applicable.
(5) The matter is still being investigated by the Department of Environment and Conservation. An officer from the Kalgoorlie office of the Department of Environment and Conservation attended the incident scene and conducted an examination of the site.
(6) Not applicable.
(7) This will be determined at the conclusion of the investigation.
(8) Not applicable.
(9) The Department of Environment and Conservation is required to objectively and impartially investigate incidents and potential breaches of the
Environmental Protection Act
1986. A recent investigation by the Department's Environmental Enforcement Unit and the Kalgoorlie office resulted in a $25,000 penalty being issued to and paid by KCGM earlier this year.
(10) Not applicable.
(11) The major focus of investigations into environmental incidents is the objective and impartial collection of evidence. Each case is assessed on its own merits and the strength of the evidence obtained. Should a
prima facie
case be established as a result of an investigation, then the decision to administer a sanction, which may include prosecution, is based on the Department's Enforcement and Prosecution Policy. The Policy states that the alleged offender's previous history is a factor when considering a prosecution.
(12) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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