Opposition parties again put under spotlight on new environmental laws

11/3/03
Environment and Heritage Minister Dr Judy Edwards today called on the Opposition to support tough, new environment laws which would require the mandatory reporting, investigation and management of contaminated sites across the State.
The new laws, which include severe penalties for those who conceal or fail to report contaminated sites, will start to be debated in Parliament today.
Dr Edwards said both the Liberal and National parties had so far proven that their indifferent attitude towards environmental protection had not changed.
"Despite re-inventing themselves as green crusaders on concerns regarding Brookdale - when it actually comes to backing our regulators with tough new penalties and laws, they simply fall back to their old ways," she said.
"We have already seen this in the Legislative Council where, instead of offering bipartisan support to new clearing controls and penalties, they actually want to water down our proposed changes to the Environmental Protection Act.
"With debate starting today on our new contaminated site laws, the Opposition parties now have a second chance to show they actually consider the environment to be important.
"They should support these new laws, which they repeatedly promised while in government, but never delivered."
Dr Edwards said the new laws would establish for the first time a free public register of contaminated sites across the State - facilitating the community's right to know about their local environment.
Under existing laws, it is possible for individuals or companies to contaminate land, keep it a secret and sell it without informing the buyer - and then get out of paying for the clean-up.
The proposed changes will make polluters pay for the clean-up of sites, unless the responsibility has been transferred with agreement from both parties.
The new laws will also give the DEP more muscle power, with the department able to issue immediate investigation and clean-up notices.
Minister's office: 9220 5050
Below is list of commitments given by the previous government to deliver contaminated site laws - but were not actually introduced.
Opposition record on contaminated sites legislation
1994
The then Environment Minister Kevin Minson asks '... the Department of Environmental Protection to prepare urgent legislation to deal with Western Australia's estimated 1,500 contaminated sites....We need a set of laws which give us some clear guidelines in tackling what is a very complex issue'.
A report 'outlining the proposed legislation was due to be released for public comment by November and the legislation should be in place by June next year'. (State Government media statement, 3/8/94)
Kevin Minson said the present system (of dealing with contaminated sites) was reactive - specific sites were dealt with only when they arose. The register would better co-ordinate government agencies and establish a method of determining clean-up levels. (Guardian Express, 20/9/94)
1995
Environment Minister Peter Foss releases a public discussion paper in August 1995, despite the previous Minister Kevin Minson promising new contaminated sites laws would be in place by June, 1995. 'What is required is an overall co-ordinated approach which address the needs of developers, Government and importantly, the environment, while taking into account specific WA requirements.' (State Government media statement, 11/8/95)
WA is reported as one of the only States yet to enact comprehensive recording, monitoring and control legislation [of contaminated properties] (The West Australian, 22/11/95)
1996
'In 1993, the State Government promised to set up a register of contaminated sites. But Environment Minister Peter Foss said this week that contaminated sites legislation would not be ready this year.' (West Australian, 6/11/96)
Environment Minister Peter Foss again promises that the 'Coalition Government was committed to introducing a new coordinated framework of regulatory and administrative arrangements to provide clear rules, procedures and standards for managing contaminated sites and groundwater....The Coalition will now be introducing legislation next year to deal with the difficult problem of clean-up and liability.' (State Government media statement, 8/12/96)
1997
Environment Minister Cheryl Edwardes anticipates '... that legislation addressing the issue of contaminated sites will be introduced into the spring session of Parliament'. (Hansard, 27/5/97)
Max Evans says in Parliament '...Contaminated sites legislation is expected to be introduced into the House by the end of 1997'. (Hansard, 10/6/97)
1999
Environment Minister Cheryl Edwardes says the management of contaminated sites is a priority for the State Government. (Kalamunda Reporter, 30/3 - 5/4/99)
Environment Minister Cheryl Edwardes has rejected the urgency with which her predecessor Peter Foss claimed legislation was needed for the clean-up of the State's 1500 contaminated sites. '"And I think the critical thing is that it doesn't matter that we haven't got contaminated sites legislation," she said yesterday.' (West Australian, 16/9/99)
2000
WA is still without a register of contaminated land more than seven years after the coalition promised to set up one. Mrs Edwardes said she was not concerned that the promised formal register still was not operating. (West Australian, 26/5/00)
Cheryl Edwardes delays the legislation again, with new a public submission process closing on July 21. 'We are working on all the public submissions and re-drafting legislation where necessary to ensure I can present to Parliament good legislation.' (State Government media statement, 19/9/00)

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