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Parliamentary Questions


Question Without Notice No. 1054 asked in the Legislative Council on 31 October 2018 by Hon Dr Steve Thomas

Parliament: 40 Session: 1

FORRESTFIELD–AIRPORT LINK — SOIL CONTAMINATION

1054. Hon Dr STEVE THOMAS to the Minister for Environment:

I refer to the contamination of soil by chemicals known as per- and poly-fluoroalkyl substances—PFAS—from the site of the Forrestfield–Airport Link tunnelling project, to the minister's answer to question on notice 465 asked on 31 October 2017 and to question without notice 1031, which was asked yesterday.

(1) What limit has been set for PFAS-contaminated soil to be categorised as uncontaminated fill under the Waste Avoidance and Resource Recovery Regulations?

(2) What limit has been set for the re-use of PFAS-contaminated soil as fill in Western Australia?

(3) Where is that limit itemised in the ''PFAS National Environmental Management Plan''?

(4) How has the government incorporated this limit into regulation or practice?

(5) How was that limit or threshold determined and what specific references were used?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question.

(1)–(5) The Department of Water and Environmental Regulation has not set maximum concentration thresholds for per- and poly-fluoroalkyl substances in uncontaminated fill in its Landfill Waste Classification and Waste Definitions 1996, which was amended in 2018, waste definitions or any other publication.

Chapter 12 of the ''PFAS National Environmental Management Plan'' provides nationally consistent guidance on the re-use of PFAS-contaminated materials. It does not set specific re-use concentration thresholds. Environmental guideline values to inform site investigations and risk assessments are set out in chapter 8 of the NEMP. The Public Transport Authority has informed the department that it has assessed whether soil material from the Forrestfield–Airport Link project is waste, having regard to the department's ''Factsheet — Assessing whether material is waste''. The Public Transport Authority considers that the material is not waste. In accordance with the flowchart on page 6 of the department's ''Factsheet — Amendments to the Environmental Protection Regulations 1987 — clean fill and uncontaminated fill'', the testing requirements and thresholds for uncontaminated fill in the waste definitions are not relevant to material that is not waste. I will table both factsheets.

Independent of any consideration as to whether or not a material is considered to be waste, the general pollution offence provisions of the Environmental Protection Act 1986 apply to all activities, including the proposed use of soil material from the Forrestfield–Airport Link project. The department has worked closely with the Public Transport Authority to ensure that appropriate management actions are being taken to ensure that it complies with these provisions.

[See paper 2129.]