This WA parliamentary question concerns the planning approvals required for mining companies constructing buildings, particularly accommodation, on mining tenements, clarifying the interplay between local government planning schemes and the Mining Act 1978.

AnsweredQoN 519Legislative Council
Asked
30 June 2004
Portfolio
Planning and Infrastructure

QuestionView source ↗

Will the minister advise what the local government planning approvals, permits and licensing requirements are for a mining company to construct buildings on a mining tenement? Hon KEN TRAVERS

AnswerView source ↗

I thank the member for some notice of this question. I am advised a town planning scheme made under the Town Planning and Development Act 1928 enables a local government to secure appropriate development control over buildings on mining tenements. In accordance with section 120 of the Mining Act 1978, the town planning scheme or local law cannot affect the carrying out of any mining operations on a mining tenement. It has been the understanding of the minister that buildings constructed for the purposes of accommodation do not enjoy the exception conferred by section 120, and the minister has sought confirmation of this position from the State Solicitor’s Office. If that understanding is correct, the development of buildings for accommodation on a mining tenement is subject to the ordinary development approval requirements of a local government’s town planning scheme.
Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised a town planning scheme made under the Town Planning and Development Act 1928 enables a local government to secure appropriate development control over buildings on mining tenements. In accordance with section 120 of the Mining Act 1978, the town planning scheme or local law cannot affect the carrying out of any mining operations on a mining tenement. It has been the understanding of the minister that buildings constructed for the purposes of accommodation do not enjoy the exception conferred by section 120, and the minister has sought confirmation of this position from the State Solicitor’s Office. If that understanding is correct, the development of buildings for accommodation on a mining tenement is subject to the ordinary development approval requirements of a local government’s town planning scheme.
I thank the member for some notice of this question. I am advised a town planning scheme made under the Town Planning and Development Act 1928 enables a local government to secure appropriate development control over buildings on mining tenements. In accordance with section 120 of the Mining Act 1978, the town planning scheme or local law cannot affect the carrying out of any mining operations on a mining tenement. It has been the understanding of the minister that buildings constructed for the purposes of accommodation do not enjoy the exception conferred by section 120, and the minister has sought confirmation of this position from the State Solicitor’s Office. If that understanding is correct, the development of buildings for accommodation on a mining tenement is subject to the ordinary development approval requirements of a local government’s town planning scheme.
It has been the understanding of the minister that buildings constructed for the purposes of accommodation do not enjoy the exception conferred by section 120, and the minister has sought confirmation of this position from the State Solicitor’s Office. If that understanding is correct, the development of buildings for accommodation on a mining tenement is subject to the ordinary development approval requirements of a local government’s town planning scheme.

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