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Regulator to assess any Belco ‘statements of wrongdoing’

Homes and buildings affected by the Belco North Power Station (Photograph Supplied)

The Regulatory Authority will carry out an independent assessment into whether Belco has committed any wrongdoing by way of the pollutants it emits.

The Royal Gazette reported at the beginning of last month that the Minister of Home Affairs had issued an emission control order requiring the regulator to take appropriate actions to address pollutants from the utility.

A spokesman for the RA said yesterday: “The RA takes note of the direction received from the ministry.

“The RA will undertake an independent assessment of any statements of wrongdoing by a sectoral provided to us and act appropriately.”

Both Belco and the Government declined to provide an update on actions being taken in response to the order.

When approached, a Ministry of Home Affairs spokesperson provided the same response given since the order was issued: "The ministry continues working to address the issue facing many residents, businesses and schools impacted by Belco's emissions.

“To that end, under Section 12(1)(v) of the Clean Air Act, the Department of Environment and Natural Resources continues actively investigating the matter, as such, the ministry cannot comment further until the investigation is complete.”

Belco also issued a previously released statement outlining measures being taken to abate emissions.

It said: “Belco is unaware of any non-compliance with its obligations under the Clean Air Act and therefore wishes to address this matter as expeditiously as possible. Belco is pursuing discussions to seek clarification and will provide assurances of the steps it is taking in relation to its plant emissions.”

On June 21, the Department of Environment and Natural Resources informed Walter Roban, the Minister of Home Affairs, that Belco had breached the Clean Air Act 1991.

The utility and its regulator the RA were informed on June 30 there was a breach of the Act and, therefore, a condition in its operating licence that speaks to Belco’s obligation to not cause a statutory nuisance.

The minister said in the government notice: “On June 21, I received a letter from the DENR in which they have notified me of Belco’s breach of the Clean Air Act 1991, and therefore Belco’s breach of condition 5.4.8 of their operating licence.

“Due to this breach and in accordance with section 7 of the Regulatory Authority Act 2011, and in exercise of my powers under section 8 of the Electricity Act 2016, I hereby direct the Regulatory Authority to commence appropriate actions as allowed by the Electricity Act 2016, Belco’s operating licence, and any other terms or conditions set in the change of ownership, with immediate effect.”

The Ministry of Home Affairs later confirmed an emission control order would be imposed to abate pollution from Belco.

Emission control orders can result in fines of up to $50,000 per day to the utility for noncompliance.

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Published July 25, 2023 at 7:54 am (Updated July 25, 2023 at 7:54 am)

Regulator to assess any Belco ‘statements of wrongdoing’

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