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Question and Answer Tracking Details

4326 - DIB HANNA PROCEEDINGS

Hoenig, Ron to the Minister for the Environment, and Minister for Heritage

In relation to the proceedings before the Land and Environment Court on 19 February 2013 against Dib Hanna:

  1. Did the Environment Protection Authority consider prosecuting Mr Hanna for acting contrary to Section 115 of the Protection of the Environment Operations Act 1997?
  2. If so, did the Environment Protection Authority consider whether there was sufficient evidence to institute proceedings?
  3. On what basis did the Environment Protection Authority consider that the dumping of the material by Mr Hanna in this case was not likely to harm the environment?
  4. Was legal advice obtained from either counsel or a solicitor as to the prospects of success of any prosecution?
Answer -

I am advised as follows:

  1. Yes.
  2. The EPA considered it was more appropriate to prosecute for the serious matter of contempt of court.
  3. The EPA in fact put evidence before the court of the health risks associated with the dumping incident.
  4. Yes.

Question asked on 15 August 2013 (session 55-1) and printed in Questions & Answers Paper No. 168
Answer received on 17 September 2013 and printed in Questions & Answers Paper No. 178