❓ Hon Paul Llewellyn questions the Environment Minister regarding a 1988 works approval for the Fimiston 1 tailings dam, specifically concerning permeability assessments and licence conditions related to seepage. The Minister declines to investigate due to resource constraints, but affirms that proponents must adhere to approval conditions.
AnsweredQoN 6019Legislative Council
QuestionView source ↗
(1) Is it correct that part of this Notice of Intent and Works Approval dated August 1988 under the heading of ‘Geotechnical Investigation’ states ‘No areas of high permeability were encountered and no faulting was observed within the impoundment’?
(2) If no to (1), will the Minister quote the full text from the document dated August 1988?
(3) Is it correct that part of this Notice of Intent and Works Approval Dated August 1998 under the heading of ‘Liners’ states, ‘The geotechnical investigation has revealed no areas of high permeability within the impoundment. Based on this evidence it is not considered necessary to seal the foundation within the impoundment.’?
(4) If no to (3), will the Minister quote the full text from the document dated August 1988?
(5) Does the Minister consider it unreasonable for any member of the public to rely upon statements and commitments made in any works approval and notice of intent documents throughout the whole State including the document dated August 1988, referred to above, lodged with the Department of Environment and the Environmental Protection Authority as a means of getting approval for projects?
(6) If yes to (4), then why does the Department approve these projects knowing that statements and commitments made in works approval and notice of intent documents cannot be relied upon as a means of protecting the environment?
(7) If no to (4), why not?
(8) Can the Minister explain the rationale as to how the Fimiston 1 tailings dam came to have a licence condition imposed by the Department in 1990, which stated, ‘All matter containing saline, alkaline or cyanide constituents shall be retained within impervious holding facilities such that there is no discernible impairment of surface or underground water’?
(9) If no to (7), why not?
(10) Does the Minister consider it unreasonable for any member of the public to expect proponents of all projects to adhere to works approval and licence conditions set and imposed by the EPA and the Department of Environmental Protection as a means of protecting the environment, given it is my understanding that the Fimiston 1 tailings dam originally held a licence condition which stated that ‘All saline, alkaline and cyanide constituents shall be retained within impervious holding facilities, such that there is no discernible impairment of surface or underground water’ with ‘impervious’ meaning a permeability of 10 - 9 metres per second and the Minister has stated in answer to question on notice No. 2563 of 30 August 2005, ‘The Department continues to recommend that mining waste containment structures are constructed to limit seepage rates under normal conditions to 10 - 9 metres per second. This equates to an equivalent water seepage rate of three centimetres per year. This limit can be achieved by appropriate soils management and engineering compaction. This level of seepage is considered compatible with protection of surrounding values under most circumstances’?
(2) If no to (1), will the Minister quote the full text from the document dated August 1988?
(3) Is it correct that part of this Notice of Intent and Works Approval Dated August 1998 under the heading of ‘Liners’ states, ‘The geotechnical investigation has revealed no areas of high permeability within the impoundment. Based on this evidence it is not considered necessary to seal the foundation within the impoundment.’?
(4) If no to (3), will the Minister quote the full text from the document dated August 1988?
(5) Does the Minister consider it unreasonable for any member of the public to rely upon statements and commitments made in any works approval and notice of intent documents throughout the whole State including the document dated August 1988, referred to above, lodged with the Department of Environment and the Environmental Protection Authority as a means of getting approval for projects?
(6) If yes to (4), then why does the Department approve these projects knowing that statements and commitments made in works approval and notice of intent documents cannot be relied upon as a means of protecting the environment?
(7) If no to (4), why not?
(8) Can the Minister explain the rationale as to how the Fimiston 1 tailings dam came to have a licence condition imposed by the Department in 1990, which stated, ‘All matter containing saline, alkaline or cyanide constituents shall be retained within impervious holding facilities such that there is no discernible impairment of surface or underground water’?
(9) If no to (7), why not?
(10) Does the Minister consider it unreasonable for any member of the public to expect proponents of all projects to adhere to works approval and licence conditions set and imposed by the EPA and the Department of Environmental Protection as a means of protecting the environment, given it is my understanding that the Fimiston 1 tailings dam originally held a licence condition which stated that ‘All saline, alkaline and cyanide constituents shall be retained within impervious holding facilities, such that there is no discernible impairment of surface or underground water’ with ‘impervious’ meaning a permeability of 10 - 9 metres per second and the Minister has stated in answer to question on notice No. 2563 of 30 August 2005, ‘The Department continues to recommend that mining waste containment structures are constructed to limit seepage rates under normal conditions to 10 - 9 metres per second. This equates to an equivalent water seepage rate of three centimetres per year. This limit can be achieved by appropriate soils management and engineering compaction. This level of seepage is considered compatible with protection of surrounding values under most circumstances’?
AnswerView source ↗
Answered
8 May 2008
Responded by
Parliamentary Secretary representing the Minister for the Environment
Response time
49 days
(1) The Department of Environment and Conservation (DEC) has advised that the report to which the question refers has been archived. The periods in question are eighteen to twenty years ago, and I do not support DEC spending the substantial amount of time and resources it would take to locate this information.
(2) - (4) See the answer to (1).
(5) Proponents are required to comply with their works approval and licence conditions. Where DEC investigates and determines a breach of the conditions has occurred, it will take the appropriate action consistent with its Enforcement and Prosecution Policy.
(6) Not applicable, on the assumption that the question refers to (5) rather than (4).
(7) See the answer to (5).
(8) - (9) See the answer to (1).
(10) See the answer to (5).
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(2) - (4) See the answer to (1).
(5) Proponents are required to comply with their works approval and licence conditions. Where DEC investigates and determines a breach of the conditions has occurred, it will take the appropriate action consistent with its Enforcement and Prosecution Policy.
(6) Not applicable, on the assumption that the question refers to (5) rather than (4).
(7) See the answer to (5).
(8) - (9) See the answer to (1).
(10) See the answer to (5).
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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