❓ Hon Robin Chapple raises concerns about an illegally constructed gravel road on a mining lease near the Ninga Mia Aboriginal Community, questioning its safety, legality, and liability for accidents. The Minister acknowledges the issue, states the road's legal status is uncertain and requires further investigation, and thanks the Hon Member for bringing it to their attention.
AnsweredQoN 2510Legislative Council
QuestionView source ↗
I refer to the gravel road illegally constructed on Mining Lease 26/261 (owned by Barrick Gold and Newmont Mining and operated by Kalgoorlie Consolidated Gold Mines Pty Ltd) as an extension to Sutherland Street, crossing old Kanowna Road and intersecting with Yarri Road near the Ninga Mia Aboriginal Community -
(1) Will the Minister/Department direct that this road be closed immediately given that it is not a legally gazetted road, the road being a safety concern and dust hazard for nearby residents and persons travelling on the road?
(2) If no to (1), why not?
(3) Is the Government responsible for any accidents which may occur on this road?
(4) If no to (3), why?
(5) If yes to (3), why?
(6) Can the Minister explain why the Department has permitted an illegally constructed road to pass through a Mining Lease and to intersect with legally gazetted roads without any traffic signage for speed, stop signs or give way signs whatsoever?
(7) If no to (6), why not?
(8) Is KCGM, Barrick or Newmont responsible for any accidents which may occur on this illegally constructed road located on their Mining Lease 26/261?
(9) If no to (8), why not and who is then responsible?
(1) Will the Minister/Department direct that this road be closed immediately given that it is not a legally gazetted road, the road being a safety concern and dust hazard for nearby residents and persons travelling on the road?
(2) If no to (1), why not?
(3) Is the Government responsible for any accidents which may occur on this road?
(4) If no to (3), why?
(5) If yes to (3), why?
(6) Can the Minister explain why the Department has permitted an illegally constructed road to pass through a Mining Lease and to intersect with legally gazetted roads without any traffic signage for speed, stop signs or give way signs whatsoever?
(7) If no to (6), why not?
(8) Is KCGM, Barrick or Newmont responsible for any accidents which may occur on this illegally constructed road located on their Mining Lease 26/261?
(9) If no to (8), why not and who is then responsible?
AnswerView source ↗
Answered
16 November 2004
Responded by
Parliamentary Secretary representing the Minister for Planning and Infrastructure
Response time
27 days
(1) and (2) The Minister is advised that the legal status of the road is not certain, on the information obtained to date. The Department for Planning and Infrastructure has confirmed that the road is not a gazetted or dedicated road. However, further investigation needs to be carried out to determine if it is a road dedicated at common law. Roads dedicated at common law are lawful roads. Inquiries to date have revealed that there was a request in 1983 from the then Shire of Boulder to create a portion of the road as a gazetted road. That portion of the road was then being used as a track. That request lapsed due to the then Mines Department not providing a clearance. The Department for Planning and Infrastructure has not yet been able to clarify the historical use or otherwise of the balance of the road, as a road used by the public.
Until the legal status of the road is determined, it would be inappropriate and premature for me to order the road to be closed.
(3) - (5) The Government's or another party's possible liability for any accidents on this road will be governed by the legal status of the road. Until that legal status is determined it is not possible to state with certainty the degree of any possible liability of the Government.
(6) and (7) The Department for Planning and Infrastructure was not aware of the construction of the road. It was not known that the largest part of the road, east of Kanowna Road, was being used by the general public until your question brought it to my notice, for which I thank the Hon Member.
(8) and (9) The possible liability of KCGM, Barrick or Newmount may depend on whether the road was constructed by any of these companies. The matter also depends on further investigation and the outcome of enquiries by the Department for Planning and Infrastructure. See Answer (1).
In relation to the Hon Member's concerns as to the safety of users of the road, The Minister understand the City of Kalgoorlie-Boulder recently carried out some repairs to the road. The City advised the Department for Planning and Infrastructure that due to the prevailing damp conditions and the use of a water cart, dust was not a problem.
It also advised that it is the City's standard practice to adhere to the Main Roads WA "Traffic Management for Works on Roads Code of Practice" which in turn refers to AS1742.3 Manual of Uniform Traffic Control Devices Part 3: Traffic Control Devices for Works on Roads.
Until the legal status of the road is determined, it would be inappropriate and premature for me to order the road to be closed.
(3) - (5) The Government's or another party's possible liability for any accidents on this road will be governed by the legal status of the road. Until that legal status is determined it is not possible to state with certainty the degree of any possible liability of the Government.
(6) and (7) The Department for Planning and Infrastructure was not aware of the construction of the road. It was not known that the largest part of the road, east of Kanowna Road, was being used by the general public until your question brought it to my notice, for which I thank the Hon Member.
(8) and (9) The possible liability of KCGM, Barrick or Newmount may depend on whether the road was constructed by any of these companies. The matter also depends on further investigation and the outcome of enquiries by the Department for Planning and Infrastructure. See Answer (1).
In relation to the Hon Member's concerns as to the safety of users of the road, The Minister understand the City of Kalgoorlie-Boulder recently carried out some repairs to the road. The City advised the Department for Planning and Infrastructure that due to the prevailing damp conditions and the use of a water cart, dust was not a problem.
It also advised that it is the City's standard practice to adhere to the Main Roads WA "Traffic Management for Works on Roads Code of Practice" which in turn refers to AS1742.3 Manual of Uniform Traffic Control Devices Part 3: Traffic Control Devices for Works on Roads.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.