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Legislative Assembly for the ACT: 2008 Week 10 Hansard (28 August) . . Page.. 4014..


Environment—fuel leaks

(Question No 2157)

Dr Foskey asked the Minister for the Environment, Water and Climate Change, upon notice, on 7 August 2008:

(1) Who notified the Environment Protection Authority of the BP petrol leak in Tuggeranong;

(2) What were the changes made to the Environment Protection Act as a result of the fuel leak in January 2007, referred to by the Minister for the Environment, Water and Climate Change in his media release.

Mr Stanhope: The answer to the member's question is as follows:

(1) A member of the public made the report to Canberra Connect who in turn notified the Environment Protection Authority.

(2) Item 32 of Schedule 1, activities requiring environmental authorisation, of the Environment Protection Act 1997 was varied. Item 32 was varied from 'the operation of a facility designed to store more than 500m3 (500,000L) of petroleum products', to 'the operation of a facility designed to store more than 50m3 (50,000L) of petroleum products'.

Environment—fuel leaks

(Question No 2159)

Dr Foskey asked the Minister for the Environment, Water and Climate Change, upon notice, on 7 August 2008:

(1) What breaches, under the Environment Protection Act, were identified for the leak at the BP Station in Tuggeranong;

(2) What is the maximum penalty for breaches of this nature;

(3) What are the usual penalties for breaches of this nature;

(4) What are the numbers of people or organisations prosecuted for environmental offences under the Environment Protection Act compared to other States.

Mr Stanhope: The answer to the member's question is as follows:

1. Section 137(2): A person must not negligently pollute the environment causing serious environmental harm, and, 137(3): A person must not pollute the environment causing serious environmental harm.

2. Section 137(2): 1 500 penalty units ($750,000), imprisonment for 3 years or both

Section 137(3): 1 000 penalty units ($500,000).

3. No two breaches are the same and the penalties applied by the court would depend on the outcome of the investigation and actions by the polluter.


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