❓ Hon Robin Chapple questions the Minister for State Development regarding a 1994 paper on mining environmental regulations, specifically concerning the Minister's powers to impose environmental conditions on mining tenements and the role of Notices of Intent (NOI). The Minister deflects by referring to a previous answer.
AnsweredQoN 2508Legislative Council
QuestionView source ↗
I refer to a paper titled ‘Directions in the Government Environmental Regulatory Role for Mining in Western Australia’, which I understand was delivered by Mr Keith Lindbeck, Manager Environment and Rehabilitation, Department of Minerals and Energy in 1994 at a workshop of mining companies and individuals in Kalgoorlie titled ‘Proceedings of the 1994 Workshop on Rehabilitation of Arid and semi arid areas’ -
(1) Is it correct that part of this paper states ‘A new Mining Act was passed in 1978 but through dispute over some of the regulations, was not proclaimed until 1982. This delay enabled a few important amendments to be made to the Act and included the introduction of a small number of environmental provisions. One of the most important new sections enabled the Minister for Mines to impose or remove conditions on Mining Leases at grant or at any subsequent time to prevent injury to the surface of the land or consequential damage to any neighbouring land (Section 84). This provision has now by amendment been included to cover all mineral titles (or mining tenements). These are the environmental control provisions in the Act, even though the word environment is not used’?
(2) If no, will the Minister table a copy of the paper?
(3) Is it correct that part of paper states ‘The principle method of minesite control is through the conditions placed on mining tenements (pursuant to Section 84). Even with this control, the NOI which has been presented to and reviewed by Government, has been prepared by the holder and indicated his environmental program. This NOI becomes a condition on the mineral title and the commitments contained with the NOI therefore also become conditions on the title. Consequently a failure to undertake a commitment is a breach of condition and forfeiture action under section 97 may be commenced’?
(4) If no to (3), what specifically does it state?
(5) If yes to (3), does the Minister/ Department agree with this?
(1) Is it correct that part of this paper states ‘A new Mining Act was passed in 1978 but through dispute over some of the regulations, was not proclaimed until 1982. This delay enabled a few important amendments to be made to the Act and included the introduction of a small number of environmental provisions. One of the most important new sections enabled the Minister for Mines to impose or remove conditions on Mining Leases at grant or at any subsequent time to prevent injury to the surface of the land or consequential damage to any neighbouring land (Section 84). This provision has now by amendment been included to cover all mineral titles (or mining tenements). These are the environmental control provisions in the Act, even though the word environment is not used’?
(2) If no, will the Minister table a copy of the paper?
(3) Is it correct that part of paper states ‘The principle method of minesite control is through the conditions placed on mining tenements (pursuant to Section 84). Even with this control, the NOI which has been presented to and reviewed by Government, has been prepared by the holder and indicated his environmental program. This NOI becomes a condition on the mineral title and the commitments contained with the NOI therefore also become conditions on the title. Consequently a failure to undertake a commitment is a breach of condition and forfeiture action under section 97 may be commenced’?
(4) If no to (3), what specifically does it state?
(5) If yes to (3), does the Minister/ Department agree with this?
AnswerView source ↗
Answered
16 November 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
27 days
I refer the Hon member to the answer to Question on Notice 2499.
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