Hon Adele Farina questions the Premier's commitment to preventing coal mining in Margaret River, highlighting inconsistencies with the Swan Valley Planning Act and urging immediate action on mining leases. The Leader of the House delays the answer, citing the need for clarification and potential compensation issues related to existing mining leases.

AnsweredQoN 601Legislative Council
Asked
7 September 2010
Portfolio
Leader of the House representing the Premier

QuestionView source ↗

LD OPERATIONS PTY LTD — MARGARET RIVER COALMINE
I understand that this question has been redirected to the Minister for State Development, although I do not understand why because the comments I am referring to were made by the Premier in his capacity as Premier. Nevertheless, I refer to the Premier’s comments that the government is opposed to a coalmine in Margaret River and that the government would consider legislation to protect Margaret River similar to the Swan Valley Planning Act. (1) Is the Premier aware that the Swan Valley Planning Act does not protect the Swan Valley from mining and that what is needed is legislation specifically prohibiting mining in Margaret River? (2) In view of advice from LD Operations Pty Ltd representatives that a referral of the coalmine proposal to the Environmental Protection Authority is imminent, will the government act to stop coalmining in Margaret River before the proponent lodges its proposal with the Environmental Protection Authority for assessment? (3) Will the government immediately act to stop the renewal of those mining leases that are up for renewal and the granting of any new mining leases over the Vasse coal shelf? (4) Will the Premier give an undertaking to immediately legislate to prohibit mining in Margaret River? Hon NORMAN MOORE

AnswerView source ↗

I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
(1) Is the Premier aware that the Swan Valley Planning Act does not protect the Swan Valley from mining and that what is needed is legislation specifically prohibiting mining in Margaret River? (2) In view of advice from LD Operations Pty Ltd representatives that a referral of the coalmine proposal to the Environmental Protection Authority is imminent, will the government act to stop coalmining in Margaret River before the proponent lodges its proposal with the Environmental Protection Authority for assessment? (3) Will the government immediately act to stop the renewal of those mining leases that are up for renewal and the granting of any new mining leases over the Vasse coal shelf? (4) Will the Premier give an undertaking to immediately legislate to prohibit mining in Margaret River? Hon NORMAN MOORE replied: I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
(2) In view of advice from LD Operations Pty Ltd representatives that a referral of the coalmine proposal to the Environmental Protection Authority is imminent, will the government act to stop coalmining in Margaret River before the proponent lodges its proposal with the Environmental Protection Authority for assessment? (3) Will the government immediately act to stop the renewal of those mining leases that are up for renewal and the granting of any new mining leases over the Vasse coal shelf? (4) Will the Premier give an undertaking to immediately legislate to prohibit mining in Margaret River? Hon NORMAN MOORE replied: I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
(3) Will the government immediately act to stop the renewal of those mining leases that are up for renewal and the granting of any new mining leases over the Vasse coal shelf? (4) Will the Premier give an undertaking to immediately legislate to prohibit mining in Margaret River? Hon NORMAN MOORE replied: I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
(4) Will the Premier give an undertaking to immediately legislate to prohibit mining in Margaret River? Hon NORMAN MOORE replied: I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
Hon NORMAN MOORE replied: I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
I have been provided with an answer but I need to clarify one aspect of it because I am not sure that the way it is written is correct. I would like to ask the member to ask me the question again tomorrow and I will clarify the matter with the Premier between now and then. I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
I make this comment in respect to this matter: the companies that have mining leases in the Margaret River area had those leases granted to them in the 1980s by former Labor ministers for mines. As such, those companies have certain property rights under those mining leases. If the member has read the Mining Act, she would know what can and cannot be done with a mining lease. I am sure that the member is aware that if in the event the leases were cancelled, there would be potentially significant compensation issues. I am sure that the member has thought about that. As I said, I want to clarify one aspect of the answer that I have and I will provide an answer to the member tomorrow. Point of Order Hon ADELE FARINA : I understand that there is a difficulty with only one component of the question. Can the Leader of the House provide the answers to the other parts of the question that he does not have a problem with now so that I do not have to wait until tomorrow? The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
The PRESIDENT : It is a supplementary question rather than a point of order, but the Leader of the House can respond to it. Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).
Hon NORMAN MOORE : On the point of order, the answer provided to me indicates that there is one answer to parts (1) to (4).

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