Hon Paul Llewellyn questions the Department of Environment regarding KCGM's compliance with its Seepage and Groundwater Management Plan, specifically concerning the release of a historical water level review and potential breaches of licence conditions. The DoE defends its handling of the situation, citing flexibility in the plan's wording and ongoing efforts to ensure public consultation.

AnsweredQoN 3372Legislative Council
Asked
4 April 2006
Portfolio
the Environment

QuestionView source ↗

I refer to a letter dated October 10, 2005, signed by D Carew Hopkins, Acting Director General, Department of Environment (DoE) reference CEO 1162 addressed to Mr L Mills, and question on notice number 2886 of 10 November 2005 -
(1) Is it correct that the final Seepage and Groundwater Management Plan dated 29 September 2005, forms part of the licence conditions for KCGM’s licence which KCGM is obliged by law to observe and follow?
(2) If no to (1), why not?
(3) If yes to (1), why?
(4) Is it correct that part of the final Seepage and Groundwater Management Plan dated 29 September 2005, in part states ‘It is anticipated the draft historical water level review will be completed by 31 January 2006, with a three week public comment period ending on 21 February 2006. Following review of public feedback a final report will be completed by 31 March 2006’?
(5) If no to (4), what specifically does it state?
(6) Has KCGM breached its licence conditions as of 21 March 2006, in not releasing a ‘draft historical water level review’ in accordance with its written commitment to a three week public comment period ending 21 February 2006?
(7) If no to (6), why not?
(8) If yes to (6), will KCGM be prosecuted for breaching written commitments which form part of licence conditions on its operations?
(9) Will the DoE write to KCGM directing them to reduce groundwater levels to below four metres on Prospecting Licence 26/3126 so as to minimise the likelihood of pollution or environmental harm being caused, including the stressing and killing of vegetation?
(10) If no to (9), why not?

AnswerView source ↗

Answered
9 May 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
35 days
(2) Not applicable. (3) Condition W12 of Licence 6420/10 issued to Kalgoorlie Consolidated Gold Mine (KCGM) under Part V of the Environmental Protection Act 1986 states: " W12 The licensee shall implement the "Seepage and Groundwater Management Plan" (KCGM, 29th September 2005) In circumstances where these details and commitments in this plan are inconsistent with conditions of this licence, the conditions of the licence shall prevail." (4) Yes. (5) Not applicable. (6) No. (7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(3) Condition W12 of Licence 6420/10 issued to Kalgoorlie Consolidated Gold Mine (KCGM) under Part V of the Environmental Protection Act 1986 states: " W12 The licensee shall implement the "Seepage and Groundwater Management Plan" (KCGM, 29th September 2005) In circumstances where these details and commitments in this plan are inconsistent with conditions of this licence, the conditions of the licence shall prevail." (4) Yes. (5) Not applicable. (6) No. (7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(4) Yes. (5) Not applicable. (6) No. (7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(5) Not applicable. (6) No. (7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(6) No. (7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(7) The Department of Environment (DoE) consider KCGM met the key licence condition requirement by providing the draft historical water level review to DoE the by 31 January 2006. This is why the DoE approved the wording of the Seepage and Groundwater Management Plan including the statement that "it is anticipated". This wording allows some flexibility in the dates by which the development of the historical water level review has to be achieved. The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
The DoE responded to this draft document on 8 February 2006, with a range of changes required prior to the public release of the draft document. The draft report was then released on 24 March 2006 for a three week public comment period. The key consideration for DoE was to ensure that the information was provided in a clear and easily understood fashion to ensure that the public could make comment on the draft. The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
The DoE received comment from two individuals during the public comment period. Both of these requests asked for more information and for an ability to provide comments once that information has been provided. The DoE considers that these requests are reasonable and will be liasing with KCGM to ensure that this information is provided as soon as possible and that extensions for public comments are provided as required. This will further modify the timeframe to complete the review of historical groundwater levels. Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
Ideally the licence issued to KCGM, and corresponding parts of the Seepage and Groundwater Management Plan, would be amended to reflect this need for additional time for the company and the community to liaise with each other, however the licence is currently under appeal and the DoE position is to generally not amend licences that are under appeal until the appeal process has been completed. (8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(8) Not applicable. (9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(9) No. This question, and other related questions have been answered on numerous occasions in the past twelve months. In particular I refer the Honourable Member to Questions on Notice 2954 of 17 November 2005, 2890 & 2892 (10 Nov 2005), 2951 (17 November 2005) and 3212 (1 December 2005). (10) As per (9).
(10) As per (9).

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