Question On Notice No. 562 asked in the Legislative Assembly on 18 October 2022 by Mr R.S. Love
Question Directed to the: Minister for Water
Parliament: 41 Session: 1
Question
I refer to the Rights in Water and Irrigation Act 1914 (the Act) and ask:
(a) How many FTE within the following are focused on enforcing water regulation in relation to the Act:
(i) Water Corporation; and
(ii) Department of Water and Environmental Regulation (DWER);
(b) What is the process for ensuring the DWER is kept informed of any breaches to Section 17 of the Act which are determined by staff in other departments, government trading entities or agencies;
(c) What is the process for ensuring DWER is made aware of any breaches to Section 17 of the Act by staff at Water Corporation;
(d) For each financial year 2020-21, 2021-22, 2022-23 to date, how many Section 17 breach notices were:
(i) Issued;
(ii) Successfully prosecuted;
(iii) Withdrawn; and
(iv) Not pursued by DWER;
(e) What are the ten worst local government areas for being issued breach notices of Section 17 in 2022-23 to date; and
(f) For 2022-23 to date, how many breach notices were made based on tip offs from:
(i) DPIRD employees;
(ii) Private Citizens;
(iii) Referred internally within DWER;
(iv) Referred from Water Corporation; and
(v) Western Power, Horizon Power or Synergy?
Answered on 14 February 2023
(a)
(i) Zero.
(ii) Two dedicated FTE with eight specialist positions providing regular assistance, as well as licensing officers from across the regions contributing to identification of compliance issues and supporting initial assessment of compliance matters.
(b) External reports of possible breaches of Section 17 of the Act are managed in accordance with DWER’s Compliance and Enforcement Policy (2021) and relevant internal guidelines. .
(c) The Water Corporation management procedures, including the Corporation Compliance Breach Reporting Framework, requires the classification of possible breaches, recording, internal review and external reporting of a non-compliance with Section 17 of the Act to DWER.
(d)
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Section 17 breach
(i.e. direction) notices
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2020-21
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2021-22
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2022-23 (to date)
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|
(i)
|
Issued
|
1
|
0
|
1
|
|
(ii)
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Successfully Prosecuted
|
0
|
0
|
0
|
|
(iii)
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Withdrawn
|
0
|
0
|
0
|
|
(iv)
|
Not pursued1
|
25
|
8
|
0
|
1Reports of ‘possible’ breaches of Section 17 of the Rights in Water and Irrigation Act 1914 received by DWER that have been closed and that did not result in the issue of a Section 17 breach (i.e. direction) notice. In these cases, an alternative management pathway was determined to be appropriate (e.g. alternative enforcement action or no enforcement action).
(e) The one Section 17 breach (i.e.) direction notice issued by DWER this financial year was in the Shire of Harvey.
(f)
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Source of initial report
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2022-2023
(to date)
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|
(i)
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DPIRD employees
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0
|
|
(ii)
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Private citizens
|
1
|
|
(iii)
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DWER officer
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0
|
|
(iv)
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Water Corporation
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0
|
|
(v)
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Western Power, Horizon Power, Synergy
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0
|