With reference to the proposed BGC (Australia) Pty Ltd brickworks on Perth Airport land, and the ‘Conditions of Approval’ attached to the Minister’s Media Release of 15 August 2006:

(1)   Who is the lead agency with responsibility for management of this development.

(2)   Can an outline be provided of the formal responsibility of each of the following agencies and corporations with regard to this development: (a) the Department of Transport and Regional Services (DOTARS) (b) the Department of the Environment and Heritage; and (c) the Westralia Airports Corporation Pty Ltd.

(3)   Are the ‘Conditions of Approval’ legally enforceable, if so by whom.

(4)   Which business unit or branch within DOTARS has the expertise and / or the competence in regulating industrial developments of this kind.

(5)   Are there any other industrial developments of this kind in Australia currently regulated by DOTARS.

(6)   What penalties apply for breaches of condition 1.

(7)   Which agency and business unit or branch within that agency is responsible for monitoring compliance with condition 1.

(8)   Which agency and business unit or branch within that agency is responsible for the enforcement and levying of penalties with regard to condition 1.

(9)   What penalties apply for breaches of condition 4.

(10)   Which agency and business unit or branch within that agency is responsible for monitoring compliance with condition 4.

(11)   Which agency and business unit or branch within that agency is responsible for the enforcement and levying of penalties with regard to condition 4.

(12)   With regard to condition 7, can a description be provided of DEH’s formal role in ‘consultation’ on the Flora and Fauna survey?

(13)   Does DEH have to formally approve the resulting Flora and Fauna Management Plan?

(14)   Will the Flora and Fauna Management Plan be subject to community consultation and public review; if not, why not?

(15)   Will the quarterly monitoring results identified in condition 1c(iv) be made public; if so which of the parties identified in condition 1c(iv) will have responsibility for releasing the results to the public?

(16)   Why has DEH been excluded from the approval for the ‘construction environment management plan’ (CEMP) as identified in condition 8?

(17)   Which business unit or branch within DOTARS has the expertise and / or the competence in assessing the CEMP?

(18)   Why has DEH been excluded from the approval of the ‘environmental management system’ (EMS) as identified in condition 10?

(19)   Which business unit or branch within DOTARS has the expertise and / or the competence in assessing the EMS?

(20)   How does condition 11 address the concerns raised by DEH in part 4.3 (Land Use - Buffer) of the Environmental Assessment Report for the Perth Airport Brickworks?

(21)   Is it the case that the separation distances between the closest points of the specified plant components and the boundaries of sensitive land uses as identified in Annexure A will still be inconsistent with the Western Australian Planning Commission’s Statement of Planning Policy no.4.1 State Industrial Buffer Policy (1997) and the 2004 draft revision of that policy; if not, why not?

(22)   Will the results of ambient air quality monitoring referred to in condition 12a be made public; if so, on what basis will thee data be released; if not, why not?

(23)   Will the results of the cumulative impact modelling referred to in condition 12b be made public; if so, on what basis will this modelling be released; if not, why not?

(24)   Will the results of the assessment of public health environmental risks referred to in condition 12c be made public; if so, on what basis will this assessment be released; if not, why not?

(25)   Why has DEH been excluded from the approval of the Operational Environment Management Plan (OEMP) as identified in condition 13?

(26)   Which business unit or branch within DOTARS has the expertise and / or the competence in assessing the OEMP?

(27)   Is the Minister aware of any differences between the specifications of the brickworks in the Major Development Plan (MDP) and the brickworks actually proposed to be constructed, as suggested in condition 24; if so, can those differences be identified?

(1)   BGC (Australia) Pty Ltd has prime responsibility for managing the development. Westralia Airports Corporation Pty Ltd has responsibility as airport-lessee company for Perth Airport. The Department of Transport and Regional Services is the agency with regulatory responsibility.

(2)   The requested outline is as follows: The Department of Transport and Regional Services -has regulatory responsibility under the Airports Act 1996 and associated regulations. The Department of the Environment and Heritage - Under s 163 of the Environment Protection and Biodiversity Conservation Act 1999, the Minister for the Environment and Heritage provided advice to the former Minister of Transport and Regional Services, the Hon Warren Truss MP. The advice from the Minister for the Environment and Heritage was taken into account by Minister Truss in making his decision. Westralia Airports Corporation Pty Ltd - has a general duty under Regulation 4.01 of the Airports (Environment Protection) Regulations 1997 to avoid polluting and will manage the lease they have with BGC (Australia) Pty Ltd (BGC). Westralia Airports Corporation Pty Ltd (WAC) must monitor, in accordance with an environment strategy for the airport site approved by the Minister for Transport and Regional Services, the level of pollution, if any, present in air, water or soil at the airport and the amount of ground noise generated at the airport. WAC must also use all powers available to it to ensure the conditions imposed on the approved brickworks plan are complied with. In addition, pursuant to Section 131B of the Airports Act 1996, WAC has an obligation to avoid any conduct that results in environmental harm within the specified parameters.

(3)   The conditions are enforceable under subsections 90 (3) and (6) of the Airports Act 1996. The Department of Transport and Regional Services has regulatory responsibility for the Airports Act 1996 and is responsible for the enforcement of the conditions.

(4)   The Airports Branch of the Aviation and Airports Business Division of the Department of Transport and Regional Services is responsible for the administration of the Airports Act 1996 and associated regulations. The Airports (Environment Protection) Regulations 1997 amongst other things, provides for the appointment of Airport Environment Officers. The Airport (Building Control) Regulations 1996 amongst other things, provides for the appointment of Airport Building Controllers. These appointees have specific environment or building construction skills and experience and they regulate all developments on airports. The Department of Transport and Regional Services may engage additional expertise as necessary.

(5)   Perth Airport has airport subleases for a gold refinery and an asphalt plant and Archerfield Airport has a concrete recycling facility and a concrete batching plant all of which are regulated under the Airports Act 1996.

(6)   Under Section 90 (6) of the Airports Act 1996, upon a successful prosecution through the Director of Public Prosecutions, a breach of condition 1 (and other conditions) would attract a penalty of up to $220,000 per day for a corporation for each day on which the offence was committed.

(7)   The Airports Branch of the Aviation and Airports Division of the Department of Transport and Regional Services will monitor compliance with all conditions of approval.

(8)   The Airports Branch of the Aviation and Airports Division of the Department of Transport and Regional Services will be responsible for enforcement of all conditions of approval. The level of any penalty imposed will be determined by a court in the event of a successful prosecution through the Director of Public Prosecutions.

(9)   As per the answer to question 6.

(10)   As per the answer to question 7.

(11)   As per the answer to question 8.

(12)   Under condition 6, the Department of the Environment and Heritage was consulted on the proposed scope of the flora and fauna survey and agreed to it.

(13)   As the flora and fauna survey required under condition 6 did not reveal the presence of any endangered species, a Flora and Fauna Management Plan was not required.

(14)   See answer to question 13. The flora and fauna survey conducted by BGC can be viewed at BGC’s website (www.bgcbricks.com).

(15)   These matters are yet to be discussed with WAC and BGC. The Minister for Transport and Regional Services supports the public release of this information possibly through a consultative committee being established by WAC and BGC to manage community concerns about the brickworks development.

(16)   The Construction Environment Management Plan must be submitted to the Airport Environment Officer prior to commencement of building activity. The Department of the Environment and Heritage does not have a legislated role in the compliance monitoring of the project.

(17)   Airport Building Controllers appointed under the Airport (Building Control) Regulations 1996 have specific building construction skills and experience. In consultation with the Airport Environment Officers, they regulate all developments on all leased federal airports including the reviewing of Construction Environment Management Plans for those developments.

(18)   The Department of the Environment and Heritage does not have a legislated role in the compliance monitoring of the project.

(19)   The Airports (Environment Protection) Regulations 1997 provides for the appointment of Airport Environment Officers. These appointees have specific environment skills and experience and they have the expertise to assess Environmental Management Systems. These officers are part of the Airports Branch of the Aviation and Airports Business Division of the Department of Transport and Regional Services.

(20)   Condition 11 prevents the brickworks from being constructed any closer to residential areas or rural residential areas than as described in the approved Major Development Plan.

(21)   Yes. However the Western Australian Planning Commission’s Statement of Planning Policy no.4.1 State Industrial Buffer Policy (1997) is a guidance document for preferred practices and outcomes.

(22)   As per the answer to question 15.

(23)   As per the answer to question 15.

(24)   As per the answer to question 15.

(25)   As per the answer to question 18.

(26)   Airport Environment Officers are appointed under the Airports (Environment Protection) Regulations 1997. These appointees have specific environment skills and experience and they have the expertise to assess Operational Environmental Management Plans.

(27)   No. Condition 24 was imposed to identify any differences between the plan and what is to be constructed for assessment of potential impacts on air safety or aviation operation.