A WA parliamentary question seeks clarification on the legal basis for classifying pit lakes in the Mystery and Union Club open pits as contaminated sites under the Contaminated Sites Act 2003. The Minister's response cites specific sections of the Act relating to the definition of a 'site' and the reporting of suspected contamination.

AnsweredQoN 3242Legislative Council
Asked
2 December 2010
Portfolio
Environment

QuestionView source ↗

I refer to the Pit lakes within the Mystery and Union Club open pits located in close proximity to Kalgoorlie-Boulder owned by Barrick Gold and Newmont mining, operated and managed by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM), and ask -
(1) Can the Minister state by quoting the specific text of the legislation on what basis is the pit lake within the Mystery open pit considered to be a contaminated site?
(2) If no to (1), why not?
(3) Can the Minister state by quoting the specific text of the legislation on what basis is the pit lake within the Union Club open pit considered to be a contaminated site?
(4) If no to (3), why not?

AnswerView source ↗

Answered
14 March 2011
Responded by
Minister for Child Protection representing the Minister for Environment
Response time
102 days
The Minister for Environment has provided the following response:
(1-4)    Under s.3(1) of the
Contaminated Sites Act 2003,
a "site" is defined as "
an area of land and includes (a) underground water under that land; and (b) surface water on that land
".  The pit lakes in the Mystery and Union Club open pits on Mining Tenements M26/261 and M26/60 were reported as suspected contaminated sites under s.11 of the Act due to the suspected presence of metals and salinity, identified through desktop studies and monitoring data.  As the reports provided "
grounds to indicate possible contamination of the site
", as per Schedule 1 of the Act, Mining Tenements M26/261 and M26/60 were classified
possibly contaminated - investigation required
.
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