Question On Notice No. 799 asked in the Legislative Council on 11 March 2014 by Hon Lynn Maclaren
Question Directed to the: Minister for Mental Health representing the Minister for Environment
Parliament: 39 Session: 1
Question
(1) Regarding the Hazelmere Pyrolysis wood waste incinerator, why did the Department of Environmental Regulation advertise for a works approval on 3 February 2014 before the Environmental Protection Agency (EPA) advertised the referral for an Environmental Impact Assessment (EIA)
on 6 February 2014?
(2) Does EPA Report 1468 recommend that waste to energy technology proposals in Western Australia be subject to a full EIA process?
(3) If yes to (2), why was the EIA referral process not advertised until after seeking comments on a works approval application for the same project?
(4) Did the EPA have any discussions with the proponent, the Eastern Metropolitan Regional Council, prior to their application for a works approval?
(5) If yes to (4), what aspects of the proposal did the discussions cover?
(6) Did the Department of Environment Regulation (DER) advise the proponent, the Eastern Metropolitan Regional Council, to submit a works approval application prior to submitting a referral to the EPA for assessment?
(7) If yes to (6), why?
(8) Does the process for obtaining an industrial licence to operate under Part V of the Environmental Protection Act 1986 include an environmental and human health assessment of the project?
(9) Does the process for obtaining an industrial licence to operate under Part V of the Environmental Protection Act 1986 include a public consultation strategy?
(10) Were the project documents available on the DER or EPA websites before or during the seven day comment period?
(11) If no to (10), why not?
Answered on 1 April 2014
The Minister for Environment has provided the following response.
(1) On 24 December 2013, the Eastern Metropolitan Regional Council (EMRC) submitted an application for a works approval to construct the Hazelmere pyrolysis wood waste incinerator to the Department of Environment Regulation (DER). DER advertised the application for a works approval in The West Australian newspaper on 3 February 2014 for a 21-day public comment period. DER's assessment of the works approval application and the Environmental Protection Authority's (EPA) environmental impact assessment (EIA) of the proposal are parallel processes. Under section 54(4) of the Environmental Protection Act 1986, DER cannot issue a works approval prior to the EPA making a decision based on an assessment of the proposal.
(2) No. The EPA and the Waste Authority released strategic advice in April 2013 on its review of waste to energy operations around the world and reported on the technologies used, facility designs, emissions and regulatory frameworks. This advice, available on the EPA's website, provides a framework for the State to consider waste to energy proposals.
Where a proposal is referred to the EPA, it will decide whether to assess a proposal and, if the decision is to assess, the level of assessment. Individual proposals are considered on their environmental merit. The strategic advice will inform the EPA's deliberations. The EPA has published Administrative Procedures which describes the matters the EPA considers in deciding whether to assess a proposal and when deciding the level of assessment.
(3) Not applicable
(4)-(5) No. The Office of the Environmental Protection Authority received a preliminary briefing from the EMRC's environmental consultant on 7 November 2013 regarding the potential environmental impacts associated with the construction and operation of the proposed waste to energy plant.
(6) No
(7) Not applicable
(8) Prior to the issuing of a licence under Part V of the Act, DER conducts an assessment of likely emissions and discharges that may cause environmental impacts. Where there are likely to be health impacts due to the emissions and discharges from a proposed premises, DER will liaise with the Department of Health.
(9) Applications for licences and works approvals are advertised in the newspaper. Following the publishing of the advertisement, a public consultation period, generally 21 days, follows where submissions can be made to DER. Alternatively, members of the public can register with DER as stakeholders.
(10) The EPA made the referral documents available for public comment on its website from 7 to 13 February 2013.
(11) Not applicable