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Proposed drilling fluid supply base facility on the foreshore of Roebuck Bay |
MI Australia is not operating as responsible
corporate citizen, cannot perform to World Best Practise and have continued operating illegally without the appropriate approvals or
licences?
MI Australia are currently operating without
appropriate approvals in accordance with the Environmental
Protection Regulations 1987 Category 73 & Category 75 at their
sites on Decastillia Street and the OTS (Port Drive) storage of bulk chemicals
and the mixing of chemicals.
In Broome, on the 23rd January 2014 the Kimberley
Joint Development Assessment Panel issued conditional planning approval for proposed drilling fluids facility on the foreshore of Roebuck Bay. In
accordance with one of the conditions,
the applicant needed to prepare an OEMP, which was open for public comment.
MI Australia current unlicensed activities and proposed new
development is causing emissions and
discharges to air, land and or water?
MI Australia can not be trusted to undertake compliance or be
delegated to be self monitoring given
their non - compliance history and questionable management abilities.
Regulatory Obligations
M-I Australia Pty Ltd states within their OEMP that one of their key
policy objectives is ‘compliance
with environmental legislation'. M-I Australia, its staff and its Contractors are required under the Environmental
Protection Act 1986 (EP Act) to prevent
environmental harm, and also have a duty of care under common law to protect the environment from foreseeable risks.
MI Australia clearly have all the necessary template dialogue to
appear convincing in their
stewardship of the environment however current history has proven that they are incapable of professional management of
such a toxic and dangerous industry. They
have failed to demonstrate to this community that they can function with proficiently or conscientiously. They
should not be permitted to operate on the very foreshore of Roebuck Bay.
In their OEMP, they are adamant that Under the Schedule 1 of the Environmental Protection Regulations 1987, the M-I Australia
facility will comprise Category 73 & 75 Prescribed Premises (refer section
2 for additional detail). A License to
operate under Part V of the EP Act is therefore required at the Site.
However, it needs to be clearly understood that MI Australia are
currently operating without appropriate
approvals or licences in accordance with the Environmental
Protection Regulations 1987 Category 73 & Category 75 at their sites on Lot 30 No 6 De Castilla Street
and the OTS (Port Drive) in Broome.
Department of Environmental Regulations have investigated and have confirmed in writing, months ago that MI DO NOT HOLD THE APPROPRIATE LICENCES however they failed to prosecution under
the Act and this corporation continues to operate and in fact expand their operations and toxic wastes streams. DER also stated in this correspondence that MI Australia has now
made an application to DER for the
relevant approvals required at both current sites. However, to date MI Australia’s applications have not been
advertised in accordance with
Environmental Protection Regulations 1987 5CAA. Manner of advertising prescribed (Act s. 54(2a) (1) & (2) for their
existing sites.
The EP Act requires a works approval to be obtained before
constructing prescribed industrial
premises and a licence or registration to operate the premises. MI Australia has not even applied for additional approvals for
their proposed new site on the
foreshore of Roebuck Bay?
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Proposed location Broome Port within red lines |
Under Section 38(1) of the Environmental Protection Act 1986 (EP Act)
this proposal was referred to the
Environmental Protection Authority (EPA) for a decision on assessment level. The EPA's decided not to assess was
appealed.
The Office of the Appeals Convenor, is currently investigating these
appeals lodged in objection to the
Environmental Protection Authority’s decision. It is my understanding that these appeals were heard the week starting
Monday 28th April 2014.
Public Comments on this OEMP closed on 24 April 2014, four days
before the Appeals Convenor started their
deliberations. This issue and this ineffectual OEMP should not come before the Broome Shire Council for endorsement until the Appeals Convenor of the Environment
Minister hands down their decision.
Town Planning Scheme No 4
Under the provisions of the Shire of Broome Town Planning Scheme No
4 (TPS4) any industry activity that requires
licensing as a “Prescribed Premise’ under the Environment Protection Act 1986 is defined as ‘Industry
Noxious’ Industry Noxious is a D use
within the Industry zone.
The Shire of Brome, on the 11 April 2007 issued a Planning Approval
for ‘Industrial Development –Warehouse’ for Lot 30 No 6 DeCastilla Street.
Application for a Change of Use from Industrial development – Warehouse to
Noxious Industry Under TPS4 needs to be addressed and to date has not been undertaken.