Mr Kelvin Thomson asked the Minister for the Environment and Heritage, upon notice, on 10 February 2004:

(1) Is he aware of the Minister for Transport and Regional Services' decision to approve land clearing and drainage of high conservation value banksia vegetation and seasonal wetlands at Perth Airport.

(2) Is he aware that (a) the wetlands and vegetation are recognised for protection under the Western Australian Environmental Protection Act's Conservation Through Reserves Committee System 6 Recommendation, the Bush Forever protection strategy and the Environmental Protection (Swan Coastal Plain Lakes) Policy, and (b) there was a memorandum of understanding between the Commonwealth and the State Government that any development affecting this area would be referred for joint environmental assessment.

(3) Did he consult with the Minister for Transport and Regional Services about approving this drainage and clearing activity

(4) What were the processes he followed in assessing this proposal.

(5) Has he been advised that the Western Australian Government could take legal action against the Commonwealth.

(6) What steps has he taken to (a) prevent further clearing and drainage after the initial advice that this was occurring, and (b) control this action under the provisions of the Environmental Protection and Biodiversity Conservation Act 1999.

(7) Is he aware that this high conservation value habitat is one of the few remaining habitats suitable for reintroduction of the critically endangered Western Swamp Tortoise.

(8) Can he advise on the quality of this lost habitat that was potentially available for the reintroduction of the tortoise.

(9) What measures are available under the Environmental Protection and Biodiversity Conservation Act 1999 to control or penalise an unauthorised activity, such as has occurred at Perth Airport, and to require habitat rehabilitation or restoration.

(10) Is this remnant habitat inscribed on the Register of the National Estate.

(11) Can he provide an estimate of the cost of restoring this remnant wetland and vegetation, and in particular the pre-disturbance values of this area; if so, (a) what is the source of this cost estimate, (b) how reliable is this cost estimate, and (c) how much time might it take to rehabilitate the site and restore its natural values.

(12) Will he provide an estimate of the total Natural Heritage Trust extension case investment in the Swan Region.

(13) How much will the Government be seeking to invest in wetland rehabilitation, creation and restoration in the Swan Natural Resource Management Region, and will there be any relationship between these investments and investments in protecting ephemeral winter-wet swamps with clay or sand over clay soils.

(14) Can he explain why the Environmental Protection and Biodiversity Conservation Act 1999 failed to protect the banksia vegetation and seasonal wetlands at Perth Airport.

Dr Kemp (Minister for the Environment and Heritage) —The answer to the honourable member's question is as follows:

(1) I am aware of the decision of the Minister for Transport and Regional Services to approve a major development plan under the Airports Act 1996 for a warehousing and distribution park on a 44 hectare site on part Precinct 2C on Perth Airport on 14 November 2003.

(2) (a) I am aware there are important wetland and vegetation areas on Perth Airport.

(b) There is no memorandum of understanding between the Commonwealth and the State Government. The memorandum of understanding is between the Westralia Airports Corporation and the State Government.

(3) This proposal was referred to me on 19 June 2003 under Section 160 of the Environment Protection and Biodiversity Conservation Act 1999 and assessed by my Department. The approval by the Minister for Transport and Regional Services incorporated conditions recommended in the advice provided by my delegate under Section 163 of the Environment Protection and Biodiversity Conservation Act 1999 on 24 October 2003.

(4) The process is set out in the Environment Protection and Biodiversity Conservation Act 1999.

(5) No.

(6) (a) No work was undertaken prior to the approval of the major development plan by the Minister for Transport and Regional Services.

(b) The project was assessed in accordance with the provisions of the Environment Protection and Biodiversity Conservation Act 1999.

(7) Precinct 2C was not considered to be a priority area for reintroduction of the Western Swamp Tortoise on Perth Airport.

(8) See (7) above.

(9) I am not aware of any unauthorized activity on Perth Airport. The Environment Protection and Biodiversity Conservation Act 1999 contains compliance and enforcement mechanisms including: civil and criminal penalties, conservation orders, liability of executive officers for contraventions of the Act, measures for publicising contraventions, and court injunctions including additional orders to repair or mitigate damage to the environment.

(10) Part of Precinct 2C is listed on the Register of National Estate.

(11) No estimate has been made.

(12) The Australian Government has committed nearly $3.5 million to date in the Swan region to support priority action projects and regional natural resource management planning. Once the Swan region's regional planning is completed, further funds will be invested by the Australian Government into achieving key natural resource management outcomes identified in the Strategy.

(13) The Government's investments will be strategic and outcomes oriented. The amount invested in wetlands will be negotiated following accreditation of the Swan Region's Natural Resource Management Strategy and will be determined on the basis of priorities identified in the Natural Resource Management Strategy which deliver the best outcomes for investment.

(14) The values of the remnant bushland on the development site on Precinct 2C were taken into account in the environmental assessment under the Environment Protection and Biodiversity Conservation Act 1999.