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81 PARLIAMENT OF NEW SOUTH WALES LEGISLATIVE ASSEMBLY 1999 FIRST SESSION OF THE FIFTY-SECOND PARLIAMENT ___________________ QUESTIONS AND ANSWERS No. 10 WEDNESDAY 23 JUNE 1999 ___________________ [The Questions and Answers Paper is published for each sitting day and will contain, by number and title, all unanswered questions, together with questions to which answers have been received on the previous sitting and any new questions. Consequently the full text of any question will be printed only twice: when notice is given; and, when answered.] 82 QUESTIONS AND ANSWERS Wednesday 23 June 1999 PUBLICATION OF QUESTION ANSWER TO BE LODGED BY Q. & A. No. 1 15 June 1999 (Including Question Nos 1 to 4) Q. & A. No. 2 16 June 1999 (Including Question Nos 5 to 19) Q. & A. No. 3 17 June 1999 (Including Question Nos 20 to 39) Q. & A. No. 4 29 June 1999 (Including Question Nos 40 to 50) Q. & A. No. 5 30 June 1999 (Including Question Nos 51 to 59) Q. & A. No. 6 1 July 1999 (Including Question Nos 60 to 65) Q. & A. No. 7 6 July 1999 (Including Question Nos 66 to 79) Q. & A. No. 8 7 July 1999 (Including Question Nos 80 to 93) Q. & A. No. 9 8 July 1999 (Including Question Nos 94 to 98) Q. & A. No. 10 27 July 1999 (Including Question Nos 99 to 110) 83 QUESTIONS AND ANSWERS Wednesday 23 June 1999 Notice of Question given on the date shown 11 MAY 1999 (Paper No. 1) *1 JUDGE PHILIP RONALD BELL—POLICE INVESTIGATIONS—Mr O’Farrell asked the Minister for Police— (1) Did Detective Superintendent John Woodhouse contact a member of the Legislative Council (other than the Attorney General) and advise that Judge Philip Ronald Bell was to be: (a) interviewed; and/or (b) charged by police before either event actually occurred? (2) If so, why? (3) Which member? Answer— (1) to (3) I am advised that there is no member of the Police Service named Detective Superintendent John Woodhouse. *2 POLICE PRACTICE—CHILD SEXUAL ASSAULT CASES—Mr O’Farrell asked the Minister for Police representing the Attorney General and Minister for Industrial Relations— (1) Is it normal practice for police investigating child sexual assault cases which may be termed “stale” to seek Director of Public Prosecutions advice before charges are laid? (2) Did this occur in the case of Judge Philip Ronald Bell? (3) If not, why not? Answer— (1) to (3) I refer the Member for Epping to the Attorney General’s answer to a question without notice in the Legislative Council from the Hon Brian Pezzutti on 23 November 1998. The Attorney replied “My understanding is that whether the police consult the DPP before the laying of charges is a matter for the discretion they exercise in relation to a particular case.” *3 JUDGE PHILIP RONALD BELL—MEDIA INVESTIGATIONS—Mr O’Farrell asked the Minister for Police representing the Attorney General and Minister for Industrial Relations— (1) (a) Has he ordered an investigation into how media were “tipped off” about Judge Philip Ronald Bell’s visit to NSW Police on Friday 30 October 1998? (b) If so, who is undertaking the investigation? (c) When is the investigation expected to be completed? (2) If not, why not? 84 QUESTIONS AND ANSWERS Wednesday 23 June 1999 Answer— (1) (a) No. (b) Not applicable. (c) Not applicable. (2) The Attorney General is confident that no such information was provided to the media from his office. *4 PROPOSED RAVENSWORTH EAST MINE—Mr Souris asked the Premier, Minister for the Arts and Minister for Citizenship— (1) At what stage of progress is the above proposal? (2) Does he intend to proceed to a Commission of Inquiry as requested by concerned property owners? (3) Does the proposal rely on an agreement to be reached with another mining company for effective water management? (4) How will the proponents of Ravensworth East be held accountable for water management? (5) Will the proposal destroy a reafforestation area of another mining company which is part of their consent conditions? (6) As the proposal relies on the 1982 EIS for its calculations and estimates of affectation, what update of the EIS is proposed? (7) Does he consider proposed noise and dust levels acceptable for nearby residents? (8) What analysis and what is the result of any analysis of cumulative impacts contributable by this proposal? (9) Which properties are proposed to be acquired? (10) Will the conditions of consent regarding property acquisitions be enforceable? (11) Does the Government consider the proponent a suitable applicant that can be relied upon to adhere to any conditions of consent? Answer— (1) to (11) These matters are currently under consideration by the NSW Government. 12 MAY 1999 (Paper No. 2) *5 SYDNEY WATER CORPORATION—MINISTERIAL DIRECTIONS—Mr Brogden asked the Minister for Information Technology, Minister for Energy, Minister for Forestry and Minister for Western Sydney— (1) Have you issued any ministerial directions to the Sydney Water Corporation? (2) If so, how many, when and on what matters? (3) Have they been written or verbal directions? Answer— (1) to (3) I have not issued any ministerial direction to the Sydney Water Corporation as provided by the legislation governing the Sydney Water Corporation. 85 QUESTIONS AND ANSWERS Wednesday 23 June 1999 *6 WASTE RECYCLING FACILITY—AUSTRALIAN NATIVE LANDSCAPES—Dr Kernohan asked the Minister for the Environment, Minister for Emergency Services, Minister for Corrective Services, and Minister Assisting the Premier on the Arts— With respect to the waste recycling facility owned and operated by Australian Native Landscapes Pty Ltd at 210 Martins Road, Badgerys Creek— (1) How many complaints has the EPA received about either dust, odour or noise pollution from residents living in close proximity to this property? (2) How many times has the EPA officially warned ANL about either dust, odour or noise pollution? (3) Has ANL been fined for either dust, odour or noise pollution? (4) If so, what were the dates, the reason(s) and the amount of fines levied? Answer— (1) The Environment Protection Authority (EPA) advises that between February 1998 and February 1999 its Pollution Line service received approximately 120 complaints about Australian Native Landscapes’ Badgerys Creek facility. It should be noted that following a comprehensive review of the company’s EPA licences in early 1999 complaints regarding the site have almost ceased. (2) It is not EPA policy to issue official warnings about pollution incidents. The facility is licensed under the Pollution Control Act 1971 and the Waste Minimisation and Management Act 1995. The licensee must operate within the conditions of these licences or risk being penalised. (3) The EPA issued four penalty infringement notices against Australian Native Landscapes in relation to the Badgerys Creek facility in 1998. (4) The dates of the penalty infringement notices, the reasons and the amounts are as follows: Date Reason Penalty 9 March 1998 Breach of licence condition (materials falling from a transporter) $500 5 April 1998 Breach of licence condition - dust $500 7 April 1998 Breach of licence condition - operating out of hours $500 4 May 1998 Breach of licence condition - odour $500 *7 PORT MACQUARIE BASE HOSPITAL—BED DAYS—Mr Oakeshott asked the Minister for Health— (1) Did the State Government agree in writing to supply extra bed days at Port Macquarie Base Hospital? (2) If so, what were the details of this agreement? (3) If so, when will the Government commit funding for the bed days? (4) If not, why not? Answer— (1) to (3) The 1 June 1992 Public Accounts Special Committee Inquiry Report identified that for 1990/91 Hastings District Hospital was estimated to provide some 22,550 bed days (plus 691 psychiatric days, a total of 23,241 bed days). 86 QUESTIONS AND ANSWERS Wednesday 23 June 1999 The contract signed on 13 December 1992 provided for 33,054 bed days (including 1,365 psychiatric days) plus 803 special care nursing bed days. Prior to the hospital opening, psychiatric services were agreed to be funded on a different basis. Therefore, adjusted contract bed days are 32,492 bed days per year which compares to 22,550 bed days. Since the hospital opened in November 1994, the number of bed days compared to 32,492 has been increased to 36,822 per year with a 3,677 annual increase in 1997/98. 36,822 bed days are funded. Accordingly, in the 7 years since the Public Accounts Report, bed days per year at Port Macquarie have increased by some 14,000 or 63 per cent. (4) Not applicable. *8 RED SPOT WHITING DISEASE—Mr Oakeshott asked the Minister for Local Government, Minister for Regional Development and Minister for Rural Affairs representing the Minister for Mineral Resources and Minister for Fisheries— (1) Is the Department of Fisheries aware of red spot whiting disease in North Coast estuaries? (2) How many reported cases have been dealt with by the department? (3) What options does the Government have in dealing with red spot whiting disease in the future? Answer— I am informed by the Hon Edward Obeid, Minister for Mineral Resources and Minister for Fisheries, that the answer to the question is: (1) My Department, NSW Fisheries, is aware that outbreaks of red spot disease, affecting whiting as well as other estuarine fish species, often occur in North Coast estuaries. Research conducted by my Department has shown that these outbreaks are particularly common after heavy rainfall in the lower catchment areas. (2) Since the 1980s, many hundreds of fish affected by red spot, including whiting, have been examined by my Department’s researchers and disease diagnosticians.