❓ Hon Giz Watson's QoN investigates potential illegal mineral sands mining by Cable Sands and Westralian Sands near Busselton between 1994-1999, focusing on mining lease requirements and departmental oversight. The Minister's response clarifies the legal framework and monitoring processes.
AnsweredQoN 5214Legislative Council
QuestionView source ↗
(1) Since the inception of the
Mining Act 1978
, has any company or individual been prosecuted for illegal mining activities?
(2) Does the mining of mineral sands, outside a State Agreement area, require a mining lease under the
Mining Act 1978
?
(3) If yes to (2), has the mining of mineral sands always required a mining lease under the
Mining Act 1978
?
(4) If no to (3) -
(a) when did the interpretation or application of the
Mining Act 1978
change; and
(b) what was the reason for this change?
(5) Did the Mines Department allow Cable Sands (W.A.) Pty. Ltd. and/or Westralian Sands Limited to mine mineral sands in an area near Busselton, outside a mining lease, between 1994 and 1999?
(6) If yes to (5), why?
(7) Did the Minister or any former Minister receive any legal advice on this issue?
(8) If yes to (7), will the Minister table such advice?
(9) If no to (7), why not?
(10) Currently, is the scope of an exploration licence restricted in any way regarding exploration for mineral sands?
(11) If yes to (10), what is/are the restriction(s)?
(12) If no to (10), why not?
(13) In 1994 were exploration licences for mineral sands restricted in any way?
(14) If yes to (13), please provide details regarding the relevant restriction and year of application of such restriction?
(15) Did the Department investigate any claims of illegal sand mining between 1994 and 1999 by Cable Sands (W.A.) Pty. Ltd. and/or Westralian Sands Limited near Busselton outside a mining lease area in an area under application for an exploration license?
(16) If yes to (15), what was the outcome or such investigation?
(17) If no to (15), did the Department receive complaints alleging illegal mining activities near Busselton by these companies?
(18) If yes to (17) -
(a) what are the dates of the complaints; and
(b) why were these complaints not followed up?
(19) Under what section of the
Mining Act 1978
and under what circumstances would a company ever be prosecuted for illegal mining?
(20) How is the Department currently monitoring to ensure that the extraction of mineral sands remains within the boundaries of mining tenements?
(21) When was the monitoring put in place?
(22) Is the Minister confident that no mining activities occur outside mineral sands mining leases?
Mining Act 1978
, has any company or individual been prosecuted for illegal mining activities?
(2) Does the mining of mineral sands, outside a State Agreement area, require a mining lease under the
Mining Act 1978
?
(3) If yes to (2), has the mining of mineral sands always required a mining lease under the
Mining Act 1978
?
(4) If no to (3) -
(a) when did the interpretation or application of the
Mining Act 1978
change; and
(b) what was the reason for this change?
(5) Did the Mines Department allow Cable Sands (W.A.) Pty. Ltd. and/or Westralian Sands Limited to mine mineral sands in an area near Busselton, outside a mining lease, between 1994 and 1999?
(6) If yes to (5), why?
(7) Did the Minister or any former Minister receive any legal advice on this issue?
(8) If yes to (7), will the Minister table such advice?
(9) If no to (7), why not?
(10) Currently, is the scope of an exploration licence restricted in any way regarding exploration for mineral sands?
(11) If yes to (10), what is/are the restriction(s)?
(12) If no to (10), why not?
(13) In 1994 were exploration licences for mineral sands restricted in any way?
(14) If yes to (13), please provide details regarding the relevant restriction and year of application of such restriction?
(15) Did the Department investigate any claims of illegal sand mining between 1994 and 1999 by Cable Sands (W.A.) Pty. Ltd. and/or Westralian Sands Limited near Busselton outside a mining lease area in an area under application for an exploration license?
(16) If yes to (15), what was the outcome or such investigation?
(17) If no to (15), did the Department receive complaints alleging illegal mining activities near Busselton by these companies?
(18) If yes to (17) -
(a) what are the dates of the complaints; and
(b) why were these complaints not followed up?
(19) Under what section of the
Mining Act 1978
and under what circumstances would a company ever be prosecuted for illegal mining?
(20) How is the Department currently monitoring to ensure that the extraction of mineral sands remains within the boundaries of mining tenements?
(21) When was the monitoring put in place?
(22) Is the Minister confident that no mining activities occur outside mineral sands mining leases?
AnswerView source ↗
Answered
1 May 2012
Responded by
Minister for Mines and Petroleum
Response time
56 days
(1) Yes.
(2) Yes, except where the mineral rights in respect to mineral sands are not owned by the Crown.
(3) Yes, subject to the exception referred to above.
(4) Not applicable.
(5) Yes.
(6) The companies did not need to hold a mining title because the
Mining Act 1978
had no jurisdiction in the particular area as the mineral sands were not owned by the Crown but the landowner.
(7) Yes.
(8) No.
(9) The advice is privileged and confidential.
(10) Yes.
(11) Where the rights in respect to mineral sands are not owned by the Crown.
(12) Not applicable.
(13) Yes.
(14) See answer to question 11.
(15) Yes.
(16) The companies did not need to hold a mining title to conduct mining operations for mineral sands on the subject pre-1899 freehold land, as under the definition of "private land" in the
Mining Act 1978
all minerals other than gold, silver and precious metals on freehold land alienated before 1 January 1899 are the property of the landowner. The use of section 37(1) [application to bring certain private land under the
Mining Act 1978
] is discretionary, not mandatory.
(17) Not applicable.
(18) Not applicable.
(19) Section 155 of the
Mining Act 1978; "
Offence of mining without authority", and section 156(1) that covers the taking or removing of any mineral or mining product from the mining tenement of any other person without authority of that person.
(20) All mining operations on
Mining Act 1978
tenure require assessment and approval from the Department prior to commencement. The Department only approves mining activities within tenement boundaries. Mining operations are required to submit Annual Environmental Reports in accordance with tenement conditions detailing their compliance and environmental management activities and are subject to compliance inspections.
(21) Monitoring commences at the time of tenure grant.
(22) Yes, mining activities are required to be undertaken within the confines of granted mining tenements and in accordance with approved Mining Proposals.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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(2) Yes, except where the mineral rights in respect to mineral sands are not owned by the Crown.
(3) Yes, subject to the exception referred to above.
(4) Not applicable.
(5) Yes.
(6) The companies did not need to hold a mining title because the
Mining Act 1978
had no jurisdiction in the particular area as the mineral sands were not owned by the Crown but the landowner.
(7) Yes.
(8) No.
(9) The advice is privileged and confidential.
(10) Yes.
(11) Where the rights in respect to mineral sands are not owned by the Crown.
(12) Not applicable.
(13) Yes.
(14) See answer to question 11.
(15) Yes.
(16) The companies did not need to hold a mining title to conduct mining operations for mineral sands on the subject pre-1899 freehold land, as under the definition of "private land" in the
Mining Act 1978
all minerals other than gold, silver and precious metals on freehold land alienated before 1 January 1899 are the property of the landowner. The use of section 37(1) [application to bring certain private land under the
Mining Act 1978
] is discretionary, not mandatory.
(17) Not applicable.
(18) Not applicable.
(19) Section 155 of the
Mining Act 1978; "
Offence of mining without authority", and section 156(1) that covers the taking or removing of any mineral or mining product from the mining tenement of any other person without authority of that person.
(20) All mining operations on
Mining Act 1978
tenure require assessment and approval from the Department prior to commencement. The Department only approves mining activities within tenement boundaries. Mining operations are required to submit Annual Environmental Reports in accordance with tenement conditions detailing their compliance and environmental management activities and are subject to compliance inspections.
(21) Monitoring commences at the time of tenure grant.
(22) Yes, mining activities are required to be undertaken within the confines of granted mining tenements and in accordance with approved Mining Proposals.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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