Legislative Council: Thursday, November 02, 2017

Kingston SE Boat Ramp

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:28): Supplementary question: given the urgent nature of the issue—we have community members paying their boat registrations, paying their levies, but they have a boat ramp they cannot use—it is extremely frustrating, because some of the other boat ramps and access points, Cape Jaffa and the like, are also suffering from some level of sand build-up. How quickly will this be resolved?

My understanding is that when the dredging is approved it will take a number of weeks to actually dredge it. It is not just a couple of barrel loads; there are 20,000 or 30,000 or 50,000 cubic metres of material to be moved. Is there any way the council can shorten the public consultation, given there were 200 people there consulting with me on Sunday who were very keen to say, 'Get on and dredge it right now'?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (14:29): I thank the honourable member for his supplementary question. As tempting as it is to make an executive decision right now that the consultation the honourable member engaged with on the weekend would be adequate for the purpose of the EP Act, I think that would be a very brave call, given that the EPA is an independent regulator and also given circumstances that have happened in recent times with another council appearing before the courts in this state about a decision they were taking and consulting on down, I think, at Tennyson Dunes. Having fallen foul of procedural matters that they needed to apply themselves to, I think I should probably refrain from doing that.

I again thank the honourable member. I understand the frustrations and I sympathise with the community, the residents and the businesses that may be impacted by this, but the EPA is an independent regulator. It acts under the auspices of the legislation that this place has passed, and we have empowered them to do so. It can only act in accordance with the legislative approvals that were provided in that legislation. It did act and issued an emergency permit when it was requested and when that emergency consideration could be sustained in argument.

When this matter, it is important to understand, first arose, the EPA acted in providing that emergency authorisation very quickly. I don't want to, as the honourable Leader of the Opposition has refrained from doing, cast any reflection on any parties, but the time frame that was allocated during that emergency approval was not utilised by council. That has given rise to these circumstances, which, of course, are incredibly frustrating.

Notwithstanding that, the EPA has advised the council that it will monitor the situation. I am advised that, if circumstances change, to give effect to an emergency situation that could be sustained under the legislation. Emergency authorisations, it is important to understand, are exemptions and are used in circumstances where workers need to protect the environment, property or life. That is in the legislation.

I understand that council has now lodged an application, as I said before, seeking formal approval that this application must be assessed in accordance with the requirements of the Environment Protection Act. The act sets out the various things that the EPA and the council must do before it can determine the application; that includes formal public consultations that must be done properly.

Honourable members will be aware the EPA is an independent regulator. As I said, I can't direct them in the carrying out of their duties, other than to encourage them to act speedily in this matter and not to have any undue delay. I very happily do so; my office has already encouraged them to do so. I am quite sure the EPA will make a determination as speedily as it can. It is not, I would have thought, in any way desirous to delay this past the time when we want this dredging to occur, but the council now must go through a consultation process. It must be done properly and we will act as speedily as we possibly can.

I thank the honourable member for raising this issue. I will give him some information that he can take away and supply to his constituents. I will reiterate with the EPA our desire—his and mine and the local communities—that this be acted on very swiftly.