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Annual Report 2008-2009 - Department of Transport

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35 Contingent liabilities and contingent assets<br />

Contingent liabilities<br />

In addition to the liabilities incorporated in the financial statements, the<br />

<strong>Department</strong> has the following contingent liabilities:<br />

Litigation in progress:<br />

The <strong>Department</strong> has pending litigation that may affect the financial<br />

position.<br />

- Three actions for compensation against the <strong>Department</strong>. The<br />

potential maximum financial effect is $228,000.<br />

Contaminated Sites<br />

Under the Contaminated Sites Act 2003, the <strong>Department</strong> is required<br />

to report known and suspected contaminated sites to the <strong>Department</strong><br />

<strong>of</strong> Environment and Conservation (DEC). In accordance with the Act,<br />

DEC classifies these sites on the basis <strong>of</strong> the risk to human health,<br />

the environment and environmental values. Where sites are classified<br />

as contaminated - remediation required or possibly contaminated -<br />

investigation required, the <strong>Department</strong> may have a liability in respect <strong>of</strong><br />

investigation or remediation expenses.<br />

<strong>Department</strong> <strong>of</strong> Environment and Conservation (DEC) has approved a<br />

program under section 12 <strong>of</strong> the Contaminated Sites Act 2003 for the<br />

systematic identification, inspection, reporting and treatment <strong>of</strong> suspected<br />

contaminated sites on Crown land under direct State Land Services (SLS)<br />

management.<br />

Initial inspection <strong>of</strong> the approximately 10,000 suspected contaminated<br />

sites will be conducted by contractors, with SLS management determining<br />

whether the inspection reports indicate that a site merits further<br />

investigation and reporting to DEC. Subsequent detailed examination<br />

and reporting to DEC will be conducted by duly qualified environmental<br />

consultants and contaminated sites auditors, contracted by SLS.<br />

The extent <strong>of</strong> the <strong>Department</strong>’s liability will only be able to be assessed as<br />

DEC progressively classifies sites under a program which is expected to<br />

continue for many years.<br />

Contingent assets<br />

In addition to the assets incorporated in the financial statements, the<br />

<strong>Department</strong> has the following contingent assets:<br />

Insurance claims:<br />

The <strong>Department</strong> has pending insurance claims that may affect the<br />

financial position.<br />

- Two actions for the recoupment <strong>of</strong> costs incurred by the <strong>Department</strong><br />

in relation to emergency responses. The potential maximum financial<br />

effect is $255,000.<br />

36 Events occurring after balance sheet date<br />

On 1 July <strong>2009</strong>:<br />

- the designation <strong>of</strong> the <strong>Department</strong> for Planning and Infrastructure was<br />

altered to <strong>Department</strong> <strong>of</strong> Planning<br />

- the operations <strong>of</strong> Licensing, Marine Safety, Passenger Services, Regional<br />

Services, Rail Safety, Coastal Facilities and their associated assets<br />

and liabilities were transferred to the newly established <strong>Department</strong> <strong>of</strong><br />

<strong>Transport</strong>.<br />

- the operations <strong>of</strong> State Land Services and their associated assets and<br />

liabilities were transferred to the newly established <strong>Department</strong> <strong>of</strong><br />

Regional Development and Land.<br />

117

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