Legislative Council: Wednesday, November 15, 2017

Contents

Kingston SE Boat Ramp

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:23): Supplementary: minister, I just ask you to address the question of the emergency dredging permit in relation to the marine safety vessel. We now have a situation where that vessel cannot enter the water and be put to the use that it is meant to be put to in a quick and fast way to potentially save lives out at sea if anybody calls for it. Does that constitute another opportunity for an emergency permit to be granted so that we can make sure, as much as we possibly can, that people are safe at sea?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (14:23): I thank the honourable member for the follow-up question. As I have advised the chamber previously, and as I am sure all honourable members will understand, the EPA can only act in accordance with its governing act. This act, the Environment Protection Act 1993, provides circumstances under which exemptions can be provided. These relate to threats to life, property or the environment. The EPA has exercised its powers under these provisions, I am advised, and granted an emergency authorisation on 28 September. As previously advised, this was because of the potential imminent risk of flooding arising from forecast rainfall and the creek condition at the time.

I understand that a further exemption in late October could not be granted as the circumstances at that time did not meet the threshold required. Notwithstanding that, the council was asked to monitor the climatic conditions over the following weeks and to inform the EPA of any imminent threat to life, property or the environment. As far as I know, they have not done so. As I said, the EPA is working to grant the application to council in respect of the dredging.

In the meantime, if conditions change, then there is an ability within the act for the EPA to grant emergency authorisation for works; however, the conditions must satisfy the requirements under which these authorisations can be given. The EPA will be getting its advice on how the act operates in-house from those who may be trained in the nuances of the act and the provisions of it.

I am not in a position to make any statement about whether the boat ramp issue is, in fact, under the act, something that could be defined as an imminent emergency, but I can ask the agency to give me that advice. I would have thought if that was the case, they would have themselves notified council of it and would have acted accordingly. All the advice I have before me says the EPA are acting as quickly as they can in accordance with the act that lays out its responsibilities.