❓ A WA parliamentary question probes the Department of State Development regarding transparency in environmental approvals for mining projects, specifically concerning public access to Notices of Intent, environmental reports, and project management plans. The Minister's response indicates a commitment to transparency but cites commercial sensitivity as a current barrier.
AnsweredQoN 969Legislative Council
QuestionView source ↗
I refer to question on notice numbers 799, 15 May 2003 and the answers provided -
(1) Can the Minister provide the specific date in which the Department implemented ‘phase 1’ by publishing an up to date listing of Notices of Intent (NOI) on the Departmental website?
(2) If no to (1) why not?
(3) Can the Minister state why the Department cannot change its policy in relation to these matters in the interest of making clear and unequivocal transparency in the environmental approval process by simply making public access to NOI’s, annual environmental reports and environmental management plans publicly available upon request?
(4) If no to (3) why not?
(5) Is it correct that the Department already has guidelines for the preparation of NOI’s, Annual Environmental Reports and Environmental Management Plans?
(6) If no to (5) why hasn’t the Department prepared them prior to this date to assist proponents in the mining industry?
(7) If yes to (5) what are the specific names of the guidelines prepared by the Department and the dates in which they were prepared and produced?
(8) Can the Minister explain how the Department can justify improving the transparency of the environmental approval process including public access to NOI’s, annual environmental reports and annual environmental management plans, yet cannot justify public access to Project Management Plans simply because the Department claims this information has not been sought by the general public?
(9) If no to (8) why not?
(10) Does the Minister stand by the answer that information contained in Project Management Plans has not been sought by the general public in the last 5 years?
(11) If no to (10) why has the Department provided selective, incorrect and misleading information to the Minister and the parliament?
(1) Can the Minister provide the specific date in which the Department implemented ‘phase 1’ by publishing an up to date listing of Notices of Intent (NOI) on the Departmental website?
(2) If no to (1) why not?
(3) Can the Minister state why the Department cannot change its policy in relation to these matters in the interest of making clear and unequivocal transparency in the environmental approval process by simply making public access to NOI’s, annual environmental reports and environmental management plans publicly available upon request?
(4) If no to (3) why not?
(5) Is it correct that the Department already has guidelines for the preparation of NOI’s, Annual Environmental Reports and Environmental Management Plans?
(6) If no to (5) why hasn’t the Department prepared them prior to this date to assist proponents in the mining industry?
(7) If yes to (5) what are the specific names of the guidelines prepared by the Department and the dates in which they were prepared and produced?
(8) Can the Minister explain how the Department can justify improving the transparency of the environmental approval process including public access to NOI’s, annual environmental reports and annual environmental management plans, yet cannot justify public access to Project Management Plans simply because the Department claims this information has not been sought by the general public?
(9) If no to (8) why not?
(10) Does the Minister stand by the answer that information contained in Project Management Plans has not been sought by the general public in the last 5 years?
(11) If no to (10) why has the Department provided selective, incorrect and misleading information to the Minister and the parliament?
AnswerView source ↗
Answered
9 September 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
74 days
1. Yes. An up to date list of Notices of Intent (NOI’s) was first published on the Department’s website on 17 August 2001. 2. Not applicable. 3. The Department fully intends to make environmental reports, such as NOI’s, Annual Environmental Reports (AER’s) and environmental management plans publicly available. Currently, however, many of the reports contain confidential information that may be commercially sensitive. The Department is currently assessing ways of addressing this issue, so that in future these documents can be released to the public. 4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
2. Not applicable. 3. The Department fully intends to make environmental reports, such as NOI’s, Annual Environmental Reports (AER’s) and environmental management plans publicly available. Currently, however, many of the reports contain confidential information that may be commercially sensitive. The Department is currently assessing ways of addressing this issue, so that in future these documents can be released to the public. 4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
3. The Department fully intends to make environmental reports, such as NOI’s, Annual Environmental Reports (AER’s) and environmental management plans publicly available. Currently, however, many of the reports contain confidential information that may be commercially sensitive. The Department is currently assessing ways of addressing this issue, so that in future these documents can be released to the public. 4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
(a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
(b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
11. Not Applicable.
2. Not applicable. 3. The Department fully intends to make environmental reports, such as NOI’s, Annual Environmental Reports (AER’s) and environmental management plans publicly available. Currently, however, many of the reports contain confidential information that may be commercially sensitive. The Department is currently assessing ways of addressing this issue, so that in future these documents can be released to the public. 4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
3. The Department fully intends to make environmental reports, such as NOI’s, Annual Environmental Reports (AER’s) and environmental management plans publicly available. Currently, however, many of the reports contain confidential information that may be commercially sensitive. The Department is currently assessing ways of addressing this issue, so that in future these documents can be released to the public. 4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
4. Not applicable. 5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
5. Yes 6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
6. Not applicable. 7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
7. The relevant guidelines are: (a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
(a) “Guidelines to Help you get Environmental Approval for Mining Projects in Western Australia”, dated March 1998. (b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
(b) “Guidelines for the preparation of an Annual Environmental Report”, dated April 1996. 8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
8. The Department has simply advised that, to date, and as far as it has been able to establish, it has received no applications for access to a Project Management Plan submitted under the Mines Safety and Inspection Act. However, such material is currently accessible under the Freedom of Information Act, should anyone seek such access. This access would, of course be subject to the protection of that Act. 9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
9. Not applicable. 10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
10. I am advised by the Department that as far as it has been able to establish, no specific requests for access to Project Management Plans as such (and as a whole) have been received since the Regulations requiring the submission of such documents came into force. There may have been some requests under the Freedom of Information Act that may have been satisfied, in part, by the provision of some information contained in Project Management Plans. Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
Should the Hon member have additional information that would assist the Department in cross-checking its records in this regard, I would ask the Hon member to provide the information at the earliest opportunity. 11. Not Applicable.
11. Not Applicable.
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