❓ Hon Paul Llewellyn questions the Department of Environment regarding KCGM's tailings storage facility and potential environmental harm from emissions onto adjacent prospecting licenses, focusing on the application and enforcement of the Environmental Protection Act 1986.
AnsweredQoN 2876Legislative Council
QuestionView source ↗
I refer to a pamphlet dated August 2003 titled ‘Environmental Harm a new offence under the
Environmental Protection Amendment Bill 2002
’ and a letter which I understand is dated August 29 2005 signed by Acting Director General, Department of Environment titled ‘Various issues relating to Kalgoorlie Consolidated Gold Mines (KCGM) Works Approval Application for the raise of the Fimiston I Tailings storage facility’, addressed to Mr L Mills -
(1) Can the Minister explain why the Department needs to demonstrate that emissions of saline, alkaline or cyanide constituents are likely to cause pollution in order to require that KCGM retain and contain these emissions within Mining Lease 26/383?
(2) If no to (1) why not?
(3) Can the Minister explain why the Department did not quote the definition of environmental harm under the Act in the letter dated August 29 2005 given that it was clearly raised by Mr L Mills in his letters?
(4) If no to (3), why not?
(5) Can the Minister explain why the Department has not addressed the matter of environmental harm as defined under the
Environmental Protection Act 1986
in order to ensure that emissions of saline, alkaline or cyanide constituents from the Fimiston I tailings dam are contained and retained by licence condition within the confines of the surveyed boundaries of Mining Lease 26/383 and are not permitted to enter the environment of the tenement Prospecting Licence 26/3126?
(6) If no to (5), why not?
(7) Does KCGM have a licence which specifically permits and allows wastewater containing saline, alkaline or cyanide constituents along with heavy metals and other toxic chemicals from the tailings dams to discharge onto P26/3126 or P26/1848 given that KCGM does not own or occupy this land?
(8) If yes to (7), why was this licence issued by the Department given that KCGM does not own or occupy the land?
(9) If no to (7), why not?
Environmental Protection Amendment Bill 2002
’ and a letter which I understand is dated August 29 2005 signed by Acting Director General, Department of Environment titled ‘Various issues relating to Kalgoorlie Consolidated Gold Mines (KCGM) Works Approval Application for the raise of the Fimiston I Tailings storage facility’, addressed to Mr L Mills -
(1) Can the Minister explain why the Department needs to demonstrate that emissions of saline, alkaline or cyanide constituents are likely to cause pollution in order to require that KCGM retain and contain these emissions within Mining Lease 26/383?
(2) If no to (1) why not?
(3) Can the Minister explain why the Department did not quote the definition of environmental harm under the Act in the letter dated August 29 2005 given that it was clearly raised by Mr L Mills in his letters?
(4) If no to (3), why not?
(5) Can the Minister explain why the Department has not addressed the matter of environmental harm as defined under the
Environmental Protection Act 1986
in order to ensure that emissions of saline, alkaline or cyanide constituents from the Fimiston I tailings dam are contained and retained by licence condition within the confines of the surveyed boundaries of Mining Lease 26/383 and are not permitted to enter the environment of the tenement Prospecting Licence 26/3126?
(6) If no to (5), why not?
(7) Does KCGM have a licence which specifically permits and allows wastewater containing saline, alkaline or cyanide constituents along with heavy metals and other toxic chemicals from the tailings dams to discharge onto P26/3126 or P26/1848 given that KCGM does not own or occupy this land?
(8) If yes to (7), why was this licence issued by the Department given that KCGM does not own or occupy the land?
(9) If no to (7), why not?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
124 days
The Minister for the Environment; Science has provided the following response: The following information is correct as at 13 December 2005. (1) Section 62 and 62A of the Environmental Protection Act 1986 defines the types of conditions that can be imposed on a licence. In particular Section 62 (1) states: " A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
The following information is correct as at 13 December 2005. (1) Section 62 and 62A of the Environmental Protection Act 1986 defines the types of conditions that can be imposed on a licence. In particular Section 62 (1) states: " A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(1) Section 62 and 62A of the Environmental Protection Act 1986 defines the types of conditions that can be imposed on a licence. In particular Section 62 (1) states: " A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
" A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(8-9) Not applicable.
The following information is correct as at 13 December 2005. (1) Section 62 and 62A of the Environmental Protection Act 1986 defines the types of conditions that can be imposed on a licence. In particular Section 62 (1) states: " A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(1) Section 62 and 62A of the Environmental Protection Act 1986 defines the types of conditions that can be imposed on a licence. In particular Section 62 (1) states: " A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
" A works approval or licence may be granted subject to such conditions as the CEO considers to be necessary or convenient for the purpose of this Act relating to the prevention, control, abatement or mitigation of pollution or environmental harm " Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
Therefore the Department of Environment (DoE) needs to ensure that conditions relate to prevention, control, abatement or mitigation of pollution or environmental harm. It is considered unreasonable to require KCGM to contain emissions on their premise if there is no evidence that the emissions are causing or are likely to cause pollution or environmental harm. (2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(2) Not applicable. (3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(3) The definition of environmental harm is contained within the Environmental Protection Act 1986 . As environmental harm was referred to in Mr Mills' letter it was assumed by the DoE that Mr Mills had read the definition and was aware of it. Also as there was no specific request for a definition of environmental harm the DoE did not see the need to quote the definition in its letter. (4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(4) Not applicable. (5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(5) The Department of Environment made a very clear statement in the letter of response to Mr Mills that, " The DoE does not consider that seepage crossing the premise boundary necessarily constitutes pollution or environmental harm ". The DoE believes that this statement provides a clear statement of its position on this matter. The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
The DoE considers that KCGM is required to protect the environment whether on its own leases or those owned by others. There is currently no evidence that seepage from KCGM's Fimiston operations is causing pollution or environmental harm. (6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(6) Not applicable. (7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(7) The Department of Environment has placed condition W2 on licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
Condition W2 of license 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter, waste water or otherwise, is managed in a way that prevents pollution either on site or off their site. As stated in the answer to (1) this is the purpose of a licence issued under the Environmental Protection Act 1986 . (8-9) Not applicable.
(8-9) Not applicable.
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