❓ A parliamentary question regarding uranium exploration tenements in the Kimberley region was answered, providing details on tenement numbers, locations, status, holders, and end dates. The response highlights the lack of statutory requirement for tenement holders to specify target minerals and the government's limited role in engagement with traditional owners under the Native Title Act.
AnsweredQoN 8Legislative Council
QuestionView source ↗
With regard to tenements held for the purpose of uranium exploration or mining in the Kimberley District, I ask: (a) how many tenements exist; (b) what are the tenement numbers; (c) where are these tenements located; (d) what is the status of each of these tenements; (e) who are the holders of each tenement; (f) who are the proponents of each tenement; (g) what is the end date for each of these tenements; (h) what is the individual status of engagement with traditional owners by the proponents identified in (f); and (i) in cases of indigenous representative bodies associated with engagement in relation to (h) who are they and who do they represent?
AnswerView source ↗
Answered
18 June 2013
Responded by
Minister for Agriculture and Food representing the Minister for Mines and Petroleum
Response time
68 days
There are fifty eight known uranium prospects located in the Kimberley region which comprises the Kimberley Mineral Field (prefix 80) and the West Kimberley Mineral Field (prefix 04) and the attached schedule (see tabled paper no.) identifies the mining tenements (granted) or applications for mining tenements (pending) that cover these uranium prospects.
However, it should be noted that a fundamental principle of the
Mining Act 1978
is that when a mining tenement is granted the holder has rights to explore/mine for all minerals and that there is no statutory requirement for holders to specify their target minerals when lodging their tenement applications.
Accordingly, it cannot be assumed that the mining tenements listed in tabled paper no. are being held for the purpose of uranium exploration in the Kimberley region and there is no requirement for the Government to be informed of what engagement has taken place between the traditional owners and the tenement holder or applicant under the
Native Title Act 1993 (Cth)
.
Since the
Native Title Act 1993
(Cth)
has come into effect it has been Government policy to progress applications for exploration licences through the expedited future act process to satisfy the procedural requirements of that legislation. Under the expedited procedure there is no statutory requirement for parties identified under the
Native Title Act 1993
(Cth)
to enter a negotiation procedure regarding the grant of the licences.
(a) 28 exploration licences - 19 granted and 9 pending over known uranium prospects.
(b)-(e) See tabled paper no.
(f) Assumed to be the same as the tenement holders listed in tabled paper no.
(g) See tabled paper no.
(h) It is not known as engagement is a matter between the traditional owners and the tenement holder or applicant.
(i) Not applicable
However, it should be noted that a fundamental principle of the
Mining Act 1978
is that when a mining tenement is granted the holder has rights to explore/mine for all minerals and that there is no statutory requirement for holders to specify their target minerals when lodging their tenement applications.
Accordingly, it cannot be assumed that the mining tenements listed in tabled paper no. are being held for the purpose of uranium exploration in the Kimberley region and there is no requirement for the Government to be informed of what engagement has taken place between the traditional owners and the tenement holder or applicant under the
Native Title Act 1993 (Cth)
.
Since the
Native Title Act 1993
(Cth)
has come into effect it has been Government policy to progress applications for exploration licences through the expedited future act process to satisfy the procedural requirements of that legislation. Under the expedited procedure there is no statutory requirement for parties identified under the
Native Title Act 1993
(Cth)
to enter a negotiation procedure regarding the grant of the licences.
(a) 28 exploration licences - 19 granted and 9 pending over known uranium prospects.
(b)-(e) See tabled paper no.
(f) Assumed to be the same as the tenement holders listed in tabled paper no.
(g) See tabled paper no.
(h) It is not known as engagement is a matter between the traditional owners and the tenement holder or applicant.
(i) Not applicable
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