Legislative Council: Thursday, November 02, 2017

Question Time

Kingston SE Boat Ramp

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:22): I seek leave to make a brief explanation before asking the Minister for Sustainability, Environment and Conservation and Minister for Water and the River Murray a question about the Kingston boat ramp.

Leave granted.

The Hon. D.W. RIDGWAY: Last weekend, the very hardworking candidate for the Liberal Party in the seat of MacKillop, Mr Nick McBride, asked me to come to Kingston for a public gathering at the boat ramp. Community members are concerned that it has silted-up with sand and seaweed. I think it was Mr Shaun Mules who convened the meeting. We expected to see the mayor and maybe one or two members of the council staff and a handful of members of the public. When I arrived at 10am on a very blustery, not that cold but pretty blustery, Sunday morning, there were more than 200 people at this particular meeting, which sent a strong message to me that this was indeed an issue that the community was quite concerned about.

They have a beautiful boat ramp with three ramps to put boats into the water, but the channel is completely full of sand and seaweed. Apparently, at low tide you can walk across it, so it's hardly navigable for boats. There was some discussion around the reasons that it was in this situation. They didn't particularly want to blame the EPA, or anybody in particular, but I gave them a commitment that this week I would ask the minister a question here in parliament, so that he would be able to give an answer as to why this is blocked-up and how quickly it could be unblocked.

Members would know that Kingston is one of our South-East coastal towns. It has a large population of retirees and tourists and a significant number of professional fishermen, none of whom can actually use this facility. I ask the minister to explain why it is taking so long to clean it out, and will he give a commitment that all the approvals will be in place so that this can be cleaned out before the Christmas holiday season?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (14:24): I thank the honourable member for his excellent question. It is important to give this information to the community, so I encourage him to take it away with him and feed it back through his networks, although I understand that has also been happening through the auspices of the EPA and the local council.

I can relay the advice I have had from the EPA on this, which is that on 28 September 2017 the EPA granted the Kingston District Council an emergency authorisation to allow dredging of the Maria Creek at Kingston SE. This authorisation was valid until 18 October. I am further advised that this authorisation was granted because of the potential imminent risk of flooding arising from forecast rainfall and creek conditions at the time. I am advised that council did not undertake the dredging during the emergency authorisation period, nor did it take steps to secure a full authorisation.

I understand that a request was subsequently made by council for an extension of the emergency authorisation after the emergency authorisation period had expired. Unfortunately, the emergency had somewhat passed and this request was, therefore, not supported by the EPA, based essentially on the lack of evidence to support the requirements that the EPA must function under, in terms of the Environment Protection Act 1993, that an emergency situation relating to the need to protect life, the environment or property was in place.

Council was asked to monitor climatic conditions over the following weeks and inform the EPA of any imminent threats to life, property or the environment so that the EPA could make a determination based on that advice. However, I have been advised that council has now submitted an application for a licence to allow it to undertake dredging and earthworks drainage at various locations, including the Maria Creek boat ramp. As I understand it—and I am going only on oral advice at this stage—the council has applied for a broad permit across many sites, not just the boat ramp. As per the standard process under the Environment Protection Act, there will have to be public notification and consultation in the coming weeks.

So, the situation is that the EPA was approached with a sense of imminent emergency. The EPA then did what it could under the act and issued an approval for dredging on the basis of the advice it had about weather conditions and what was being faced. That period of time expired and the council cannot now sustain 'an imminent danger or emergency' which would allow the EPA to reissue the emergency permit. The council must now go through the step-by-step process that is required, and I understand it is doing so.

I can understand a degree of frustration on behalf of the community, and certainly on behalf of the honourable member who has asked me this question. Unfortunately, not having moved in the time period made available to them through the emergency authorisation, and not being able to sustain an argument to the EPA that the emergency is continuing in terms of a threat under the legislation, as I outlined, the EPA could not reissue that emergency authorisation. They will, of course, move with all alacrity, but this is now a matter for council to undertake community consultation and go through the steps required to get approval for the dredging.