Australian Smelter Fined for Sulfur Dioxide Discharge
On June 26, 2002, an Australian Magistrate found W.M.C. Resources Limited (WMC) through Kalgoorlie Nickel Smelter (KNS) guilty of discharging sulfur dioxide in excess of its permit limits. The company was fined $10,000 and ordered to pay an additional $40,000 in government costs.

The smelter was given an Exemption Order issued under the Environmental Protection Act 1986 that allowed it to discharge sulfur dioxide so long as it did not exceed 1300µg/m3 when averaged over a 3 hour period in the Kalgoorlie policy area. On June 12, 1996 a monitor at the western boundary of the area detected levels in excess of this limit.

This matter was originally dismissed in 1998 because the monitoring data presented by the prosecution was declared inadmissible due to non-compliance with the National Measurement Act 1960 (Australian Commonwealth legislation). The Department of Environmental Protection (DEP) appealed the Magistrate's decision to the Full Court of the Western Australia Supreme Court that upheld the appeal and remitted the matter to the Magistrates court for re-trial.

At trial, the prosecution presented evidence from several witnesses that allowed the Magistrate to conclude that an emission from KNS occurred at the relevant time, that it was traveling to the south and western part of the Kalgoorlie policy area and "because of the timing and direction of travel ....the plume passed the west boundary of the policy area immediately before coming to the W.F.Y. monitor."

Both sides presented expert evidence on the weather conditions that day, but the Magistrate held that "the weather information at the best can only be very good estimates" and that "Their [experts] conclusions are not as reliable as the witnesses' accounts of the day." In addition, the Magistrate held the monitoring data to be admissible and stated "I am satisfied beyond reasonable doubt that the three hour average of 1300 was exceed at the West Boundary of the policy area." For more information, contact John Ottaway at john.ottaway@environ.wa.gov.au.

UNEP Sponsors Ozone Training for Customs Officers
The Ozone Action Unit of UNEP's Division of Technology, Industry and Economics (UNEP-DTIE) is sponsoring training for customs offices in identifying and interdicting illegal ozone depleting substance. Training has already taken place in Tajikistan and Guinea during December and the following countries are scheduled to host training in early 2003:

• Philippines 15-17 January 2003
• Comoros January-February 2003
• Kazakhstan January 2003
• Georgia February 2003
• Benin March 2003
• Togo April-May 2003

For additional information on these, and other upcoming ozone related training, contact Mr. Suresh Raj, Capacity Building Manager at suresh.raj@unep.fr or visit http://www.uneptie.org/ozonaction

For more news on Ozone, see this article:

• "New Book on the Montreal Protocol Includes Enforcement and Compliance"

In addition, please visit INECE's Ozone Forum at http://www.inece.org/forumsozone.html.