❓ A parliamentary question addresses concerns about a mining lease's compliance with environmental conditions, including clearing native vegetation, rehabilitation, and proximity to the high water mark. The Minister's response acknowledges the concerns, cites ongoing processes, and states that no material non-compliance was evident during a recent inspection.
AnsweredQoN 2403Legislative Council
QuestionView source ↗
I refer to the clearing permit: J and G Rule - Limesand Project, Purpose Permit, Mining Lease 70/57, Shire of Gingin, Mineral Production, 5 ha (CPS 3328/1), and I ask -
(1) Is the Minister aware that, -
(a) Mining Lease 70/57 has recently been approved for further clearing of native vegetation by the Department of Mines and Petroleum despite the operators failing to meet the Lease Conditions over the past 24 years;
(b) the mined area has not been covered with topsoil, deep ripped or revegetated as required in the lease conditions;
(c) this mining has occurred, at one point, within 75 metres of the horizontal setback datum (HSD) contrary to the lease conditions;
(d) as a result of this mining, severe erosion has occurred and is now within 44 metres of the HSD;
(e) topsoil that has been placed in the dunal system within 57 metres of the HSD, has destroyed the native vegetation and is now being badly eroded; and
(f) tracks have been bulldozed through the dunal system and within the 100 metre prohibited area, prior to native vegetation clearance approval being obtained?
(2) Will you ensure that no mining be allowed on this site until rehabilitation has been carried out over the previously mined areas, and all damage to the dunal systems and associated land are rectified?
(3) Will you take appropriate action to ensure all previous conditions are complied with and penalties applied where appropriate?
(1) Is the Minister aware that, -
(a) Mining Lease 70/57 has recently been approved for further clearing of native vegetation by the Department of Mines and Petroleum despite the operators failing to meet the Lease Conditions over the past 24 years;
(b) the mined area has not been covered with topsoil, deep ripped or revegetated as required in the lease conditions;
(c) this mining has occurred, at one point, within 75 metres of the horizontal setback datum (HSD) contrary to the lease conditions;
(d) as a result of this mining, severe erosion has occurred and is now within 44 metres of the HSD;
(e) topsoil that has been placed in the dunal system within 57 metres of the HSD, has destroyed the native vegetation and is now being badly eroded; and
(f) tracks have been bulldozed through the dunal system and within the 100 metre prohibited area, prior to native vegetation clearance approval being obtained?
(2) Will you ensure that no mining be allowed on this site until rehabilitation has been carried out over the previously mined areas, and all damage to the dunal systems and associated land are rectified?
(3) Will you take appropriate action to ensure all previous conditions are complied with and penalties applied where appropriate?
AnswerView source ↗
Answered
17 June 2010
Responded by
Minister for Mines and Petroleum
Response time
30 days
1. (a) I have been informed that a decision to approve the clearing of 4.84 hectares of native vegetation on M70/57 subject to conditions was determined by the Department of Mines and Petroleum (DMP) on 21 January 2010. In accordance with the provisions of the
Environmental Protection Act 1986,
the decision to grant the clearing permit was based on consideration of the proposal against the clearing principles, as defined under Schedule 5 of the
Environmental Protection Act 1986
. This decision however is currently under appeal.
(b) An inspection of the site was conducted by DMP environmental inspectors on
8 December 2009. The inspection revealed that rehabilitation activities have been undertaken on site over a number of years with varying success. Topsoil is being recovered and stockpiled ahead of mining operations and is being utilised in progressive rehabilitation.
(c) Condition 4 on M70/57 requires "
No Mining or disturbance of soil or vegetation being permitted within 100 meters of the high water mark
". DMP has advised me that using the top of the debris line on the beach is an accepted surveying practice for delineating the high water mark. The tenement holders have been using this approach to plan mining operations and every endeavour has been made to ensure compliance with tenement condition 4.
(d) I am not aware of the extent of erosion which has occurred as a result of mining operations on M70/57. However, there are challenges associated with mitigating the potential for erosion when conducting mining operations within coastal and dunal environment. DMP will ensure that the extent of erosion does not result in unacceptable environmental or safety impacts.
(e) DMP has advised me that topsoil is being recovered and stockpiled ahead of mining operations for the purposes of rehabilitation. DMP will conduct an inspection in
June 2010 to ensure that erosion from the topsoil stockpile(s) and other erosion associated with mining do not cause any unacceptable impact.
(f) DMP has advised me that there is an access track which effectively links the beach to the tenement. This track has been historically used as a public thoroughfare for recreational activities and pre-dates the grant of M70/57 to the current tenement holders. I understand that the tenement holders have not modified or made improvements to the track.
2. The decision to grant the clearing permit is currently under appeal and the potential for further mining at the site will be determined by the Minister for Environment's appeal decision. DMP has advised me that the tenement holders have the requisite
Mining Act 1978
approvals to undertake further mining activities on M70/57. Should mining recommence, DMP will continue to work closely with the tenement holders to improve rehabilitation outcomes at the site.
3. No material non-compliance was evident during the site inspection conducted by DMP environmental inspectors on 8 December 2009. Should any non-compliance be identified in the future, DMP will take appropriate enforcement action.
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Environmental Protection Act 1986,
the decision to grant the clearing permit was based on consideration of the proposal against the clearing principles, as defined under Schedule 5 of the
Environmental Protection Act 1986
. This decision however is currently under appeal.
(b) An inspection of the site was conducted by DMP environmental inspectors on
8 December 2009. The inspection revealed that rehabilitation activities have been undertaken on site over a number of years with varying success. Topsoil is being recovered and stockpiled ahead of mining operations and is being utilised in progressive rehabilitation.
(c) Condition 4 on M70/57 requires "
No Mining or disturbance of soil or vegetation being permitted within 100 meters of the high water mark
". DMP has advised me that using the top of the debris line on the beach is an accepted surveying practice for delineating the high water mark. The tenement holders have been using this approach to plan mining operations and every endeavour has been made to ensure compliance with tenement condition 4.
(d) I am not aware of the extent of erosion which has occurred as a result of mining operations on M70/57. However, there are challenges associated with mitigating the potential for erosion when conducting mining operations within coastal and dunal environment. DMP will ensure that the extent of erosion does not result in unacceptable environmental or safety impacts.
(e) DMP has advised me that topsoil is being recovered and stockpiled ahead of mining operations for the purposes of rehabilitation. DMP will conduct an inspection in
June 2010 to ensure that erosion from the topsoil stockpile(s) and other erosion associated with mining do not cause any unacceptable impact.
(f) DMP has advised me that there is an access track which effectively links the beach to the tenement. This track has been historically used as a public thoroughfare for recreational activities and pre-dates the grant of M70/57 to the current tenement holders. I understand that the tenement holders have not modified or made improvements to the track.
2. The decision to grant the clearing permit is currently under appeal and the potential for further mining at the site will be determined by the Minister for Environment's appeal decision. DMP has advised me that the tenement holders have the requisite
Mining Act 1978
approvals to undertake further mining activities on M70/57. Should mining recommence, DMP will continue to work closely with the tenement holders to improve rehabilitation outcomes at the site.
3. No material non-compliance was evident during the site inspection conducted by DMP environmental inspectors on 8 December 2009. Should any non-compliance be identified in the future, DMP will take appropriate enforcement action.
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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