❓ Concerns raised about the potential impact of existing mining tenements and future exploration on the proposed Wanjina National Park. Government assures environmental protection through existing legislation and assessment processes.
AnsweredQoN 22Legislative Council
QuestionView source ↗
(1) With regards the Liberals' Conservation and Biodiversity Policy to establish the Wanjina National Park in the Kimberley, will the mining and exploration tenements held by the Fortescue Metals Group, Mineralogy, Cliffs Asia Pacific, Cazaly Iron, Pegmont Mines and Rio Tinto within the boundaries of the park be cancelled?
(2) If no to (1), why not?
(3) If yes to (1), when will this occur?
(4) Will further prospecting, exploration or mining tenements be allowed within the proposed Wanjina National Park once it is established?
(5) If yes to (4), on what grounds?
(6) If yes to (4), will the Minister explain how prospecting, exploration, mining and/or petroleum tenements can exist in a national park without compromising the protection of the natural environment?
(2) If no to (1), why not?
(3) If yes to (1), when will this occur?
(4) Will further prospecting, exploration or mining tenements be allowed within the proposed Wanjina National Park once it is established?
(5) If yes to (4), on what grounds?
(6) If yes to (4), will the Minister explain how prospecting, exploration, mining and/or petroleum tenements can exist in a national park without compromising the protection of the natural environment?
AnswerView source ↗
Answered
11 June 2013
Responded by
Minister for Agriculture and Food representing the Minister for Mines and Petroleum
Response time
28 days
(1) No
(2) Provided all tenement conditions are followed, there is no lawful
power to cancel tenements granted under authority of the Mining Act
1978 . Natural justice is applied in the administration of the Mining Act 1978 in dealing with the rights and interests of existing
tenement holders and applicants.
(3) Not applicable
(4)-(5) This Government would be highly unlikely to support an
application for prospecting, exploration or mining in the Wanjina National
Park. The Mining Act 1978 allows for the application over conservation
reserves, including National Parks. However, for the marking out of a mining
tenement or the grant of a mining lease in a National Park, the Minister for
Mines and Petroleum must first consult and obtain the concurrence of the
Minister for Environment. In addition, the grant of a mining lease in a
National Park requires the consent of both Houses of Parliament.
(6) Any mineral or energy resource activity can only exist in a
national park if it has been assessed and approved by Government to not have a
significant impact on the natural environment.
Under the Mining Act 1978 all activities on mineral tenements are
subject to conditions for the prevention or reduction of injury to the land. In
addition, the mineral and petroleum legislation is subject to the Environmental Protection Act 1986 . Therefore strict environmental
conditions of approval are applied to all tenements in order to protect the
environmental values on all lands including conservation reserves.
Under the Petroleum and Geothermal Energy Resources Act 1967 , at
the time of the release of petroleum acreage all applicants are advised if the
release areas are in close proximity to sensitive environments. Applicants
are required to investigate the extent of any areas which have the potential to
restrict or otherwise diminish proposed exploration activities; e.g.
Environmentally Sensitive Areas, Threatened Ecological Communities, National
Parks, Nature Reserves, Marine Parks, National Heritage Areas and Conservation
Parks.
Accordingly, additional environmental assessment is required for any
petroleum exploration activities in or adjacent to these areas and applicants
are advised to take this into consideration in developing their petroleum
acreage application.
Proposals under the Petroleum and Geothermal Energy Resources Act 1967 to explore and operate within Class A reserves (e.g. National Parks,
Nature Reserves and equivalent Marine Reserves) and other conservation estates,
must be referred by the Department of Mines and Petroleum to the Department of
Environment and Conservation, and where appropriate to the Environmental
Protection Authority, for advice.
(2) Provided all tenement conditions are followed, there is no lawful
power to cancel tenements granted under authority of the Mining Act
1978 . Natural justice is applied in the administration of the Mining Act 1978 in dealing with the rights and interests of existing
tenement holders and applicants.
(3) Not applicable
(4)-(5) This Government would be highly unlikely to support an
application for prospecting, exploration or mining in the Wanjina National
Park. The Mining Act 1978 allows for the application over conservation
reserves, including National Parks. However, for the marking out of a mining
tenement or the grant of a mining lease in a National Park, the Minister for
Mines and Petroleum must first consult and obtain the concurrence of the
Minister for Environment. In addition, the grant of a mining lease in a
National Park requires the consent of both Houses of Parliament.
(6) Any mineral or energy resource activity can only exist in a
national park if it has been assessed and approved by Government to not have a
significant impact on the natural environment.
Under the Mining Act 1978 all activities on mineral tenements are
subject to conditions for the prevention or reduction of injury to the land. In
addition, the mineral and petroleum legislation is subject to the Environmental Protection Act 1986 . Therefore strict environmental
conditions of approval are applied to all tenements in order to protect the
environmental values on all lands including conservation reserves.
Under the Petroleum and Geothermal Energy Resources Act 1967 , at
the time of the release of petroleum acreage all applicants are advised if the
release areas are in close proximity to sensitive environments. Applicants
are required to investigate the extent of any areas which have the potential to
restrict or otherwise diminish proposed exploration activities; e.g.
Environmentally Sensitive Areas, Threatened Ecological Communities, National
Parks, Nature Reserves, Marine Parks, National Heritage Areas and Conservation
Parks.
Accordingly, additional environmental assessment is required for any
petroleum exploration activities in or adjacent to these areas and applicants
are advised to take this into consideration in developing their petroleum
acreage application.
Proposals under the Petroleum and Geothermal Energy Resources Act 1967 to explore and operate within Class A reserves (e.g. National Parks,
Nature Reserves and equivalent Marine Reserves) and other conservation estates,
must be referred by the Department of Mines and Petroleum to the Department of
Environment and Conservation, and where appropriate to the Environmental
Protection Authority, for advice.
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