❓ A parliamentary question regarding the Mulga Rock uranium mine approval, substantial commencement, and required permits. The government confirms the mine is under construction but lacks necessary permits for full operation and export.
AnsweredQoN 2069Legislative Council
QuestionView source ↗
The Mulga Rock uranium mine was approved under the former Liberal Government in December 2016. The approval had a condition that the company was required to substantially commence within 5 years. In December 2021, 5 years later, the CEO of the Department of Water and Environmental Regulation (DWER) advised that the Department was of the view that the Mulga Rock uranium mine had substantially commenced. Noting there is no definition of substantial commencement in the Environmental Protection Act , but that the company had strategically cleared some significant habitat of the endangered Sandhill Dunnart to meet this ambiguous threshold of substantial commencement, despite strong community opposition and contention to the view put forward by DWER, which meant the company were able to retain a controversial and deficient approval made under the Barnett Government. On this issue I ask: (a) is the Mulga Rock uranium mine now under construction; (b) does the Mulga Rock uranium mine have all the necessary permits, licenses and approvals to complete construction and operation of the mine, and export of uranium, as follows: (i) complete construction of the mine site; (ii) begin operation at the mine site; (iii) engage in a refinery process of uranium mined at the site; and (iv) commence transport and export of uranium; (c) if no to any part of (b), what further permits, licenses, and approvals are required for the Mulga Rock site; (d) has the company made a Final Investment Decision to mine; (e) has the company got the capital to develop the mine; (f) if no to (a)–(d), how is it that a mine that does not have all necessary approvals, finance or board level decisions to commence is deemed by the State Government of Western Australia to have substantially commenced; (g) is there any process for review of a "substantial commencement" finding; (h) Are there special circumstances where a review might be considered. For example if no further advancement of the project was made beyond the works done to meet the ambiguous "substantial commencement" threshold noted in the preamble; (i) is there an internal definition of “substantial commencement” that was used by DWER to make their determination regarding Mulga Rock; and (j) if yes to (i), what is that definition?
AnswerView source ↗
Answered
13 August 2024
Responded by
Parliamentary Secretary to the Minister for Environment
Response time
5 days
(a) Yes.
(b)(i-iv) No. While the Mulga Rock Uranium project has approval under Ministerial Statement (MS) 1046, it has not yet sought approval under Part V, Division 3 of the Environmental Protection Act 1986 (EP Act) (prescribed premises, works approvals and licences) for power generation, ore processing / refining, mine dewatering and export activities.
(c) Refer to item (b)
(d) Information on the Final Investment Decision or the economic status of the proponent is not typically given to, or considered by The Department of Water & Environmental Regulation (DWER).
(e) Refer to item (d)
(f) Substantial commencement is relevant only to the proposal described by the Ministerial Statement and related referral and assessment documents. Demonstration of substantial commencement is considered on a case-by-case basis taking into account information provided by the proponent and any expert advice where necessary. In the case of the Mulga Rock Uranium Project DWER concluded that the proposal had substantially commenced due to the clearing undertaken necessary to implement the proposal, the commencement of construction of water pipeline infrastructure and the excavation of the Ambassador North pit ramp.
(g) No.
(h) There is no legal mechanism for the review of a substantial commencement finding.
(i) DWER assessed the proponent’s demonstration of substantial commencement based on the approved proposal, and the information and evidence provided to demonstrate that the implementation conditions and outcome-based conditions of the Ministerial Statement had been met.
(j) Not applicable.
(b)(i-iv) No. While the Mulga Rock Uranium project has approval under Ministerial Statement (MS) 1046, it has not yet sought approval under Part V, Division 3 of the Environmental Protection Act 1986 (EP Act) (prescribed premises, works approvals and licences) for power generation, ore processing / refining, mine dewatering and export activities.
(c) Refer to item (b)
(d) Information on the Final Investment Decision or the economic status of the proponent is not typically given to, or considered by The Department of Water & Environmental Regulation (DWER).
(e) Refer to item (d)
(f) Substantial commencement is relevant only to the proposal described by the Ministerial Statement and related referral and assessment documents. Demonstration of substantial commencement is considered on a case-by-case basis taking into account information provided by the proponent and any expert advice where necessary. In the case of the Mulga Rock Uranium Project DWER concluded that the proposal had substantially commenced due to the clearing undertaken necessary to implement the proposal, the commencement of construction of water pipeline infrastructure and the excavation of the Ambassador North pit ramp.
(g) No.
(h) There is no legal mechanism for the review of a substantial commencement finding.
(i) DWER assessed the proponent’s demonstration of substantial commencement based on the approved proposal, and the information and evidence provided to demonstrate that the implementation conditions and outcome-based conditions of the Ministerial Statement had been met.
(j) Not applicable.
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