❓ A WA parliamentary question probes the Department of Environment's definition of 'environment' under the Environmental Protection Act 1986, specifically regarding soil, rock, and human interaction within a mining prospecting licence related to KCGM operations.
AnsweredQoN 2875Legislative Council
QuestionView source ↗
I refer to a letter which I understand is dated August 29 2005 signed by Acting Director General, Department of Environment titled ‘Various issues relating to Kalgoorlie Consolidated Gold Mines (KCGM) Works Approval Application for the raise of the Fimiston I Tailings storage facility’ -
(1) Is the soil and rock located within the confines of Prospecting Licence 26/3126 below 4 metres ground level considered by the Department to be part of the environment?
(2) If no to (1), can the Minister explain why not?
(3) If yes to (1), can the Minister explain the reasons why?
(4) Are persons who work and interact with the soil, rock and water below 4 metres considered by the Department to be part of the environment as defined in environment in the
Environmental Protection Act 1986
?
(5) If no to (4), can the Minister explain why not?
(6) If yes to (4), can the Minister explain why?
(1) Is the soil and rock located within the confines of Prospecting Licence 26/3126 below 4 metres ground level considered by the Department to be part of the environment?
(2) If no to (1), can the Minister explain why not?
(3) If yes to (1), can the Minister explain the reasons why?
(4) Are persons who work and interact with the soil, rock and water below 4 metres considered by the Department to be part of the environment as defined in environment in the
Environmental Protection Act 1986
?
(5) If no to (4), can the Minister explain why not?
(6) If yes to (4), can the Minister explain why?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
124 days
The Minister for the Environment; Science has provided the following response: (1) No. (2) The Environmental Protection Act 1986 Section 3 defines environment as - "subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(1) No. (2) The Environmental Protection Act 1986 Section 3 defines environment as - "subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(2) The Environmental Protection Act 1986 Section 3 defines environment as - "subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
"subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(5-6) Not applicable.
(1) No. (2) The Environmental Protection Act 1986 Section 3 defines environment as - "subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(2) The Environmental Protection Act 1986 Section 3 defines environment as - "subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
"subject to subsection (2), means living things, their physical, biological and social surroundings and interactions between all of these;" Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
Department of Environment (DoE) considers that the soil and rock 4m below ground level are not living things, and has no evidence of living things relying on the interaction with these rocks and soil for their physical, biological and social surroundings. (3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(3) Not applicable. (4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(4) If people interact with groundwater on this prospecting licence they could be considered to be part of the environment, however, this is a hypothetical question as people are not currently exposed to the water table on prospecting licence 26/3126. It is only conceivable that this interaction may occur as a result of conducting mining or prospecting operations. If persons conducting mining operations are inconvenienced by seepage from KCGM's operations this should be addressed under the Mining Act 1978 which has provisions relating to inconvenience from mine waste water. (5-6) Not applicable.
(5-6) Not applicable.
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