Mining companies pollute but not prosecuted

by Kevin Watkins

In Western Australia the Department of Environmental Protection (DEP) has 
failed to prosecute big mining companies for breaching pollution 
regulations.

Last week, the DEP decided not to prosecute Alcoa over a leak from its 
Wagerup refinery. A leak that has been ongoing. The leak was eight times 
the emission limits in the plant's environmental licence.

DEP director of regulation Tim McAuliffe claimed that the prosecution was 
not warranted because it was only a technical breach of the licence; yet, 
on the same day the DEP announced that charges had been laid against a 
family-run cheese producer in Wungong, near Armadale, for breaching its 
licence by failing to dispose of water used for cleaning and the factory 
floors.

The Rose Valley Cheese Company, employing eight people faces a maximum fine 
of $125,000; exactly the same penalty that would have been applicable to 
Alcoa, if prosecuted.

A family member from the Rose Valley Company said he found the DEP's 
actions hard to fathom, particularly as Rose Valley had been charged and 
Alcoa had not. He said: "We have found the DEP very hard to deal with".

In Kalgoorlie, the residents of the eastern suburb of Williamstown have 
attacked the DEP's failure to prosecute Kalgoorlie Consolidated Gold Mines 
(KCGM), despite at least seven breaches of the company's environmental 
licence in three years.

Dianne Mills, spokeswoman for the Williamstown Residents' Committee said 
the Department had shown itself to be a toothless tiger, unwilling to take 
on the powerful companies which seem immune from prosecution.

"There are many instances of the DEP prosecuting small companies and 
individuals, but they seem to treat the big players in the mining industry 
with kid gloves", she said.

Answering questions asked in parliament last month by Greens MLC Robin 
Chapple, Environment Minister Judy Edwards confirmed that KCGM had 
repeatedly breached its environmental licence at its Mt Percy, Gidgi and 
Pimiston sites.

Dr Edwards said the DEP policy advocated non-persecution options. It would 
seem that prosecutions are very selective indeed.