A WA parliamentary question on notice from 2005 scrutinises environmental licence conditions imposed on Kanowna Belle Gold Mines, questioning their necessity and enforceability given the mine's location and environmental context. The Minister acknowledges the concerns and ongoing review of licence conditions.

AnsweredQoN 2578Legislative Council
Asked
1 September 2005
Portfolio
the Environment

QuestionView source ↗

I refer to the
Environmental Protection Act 1986
licence dated June 13 2005 addressed to the Manager, Kanowna Belle Gold Mines -
(1) Is it correct that condition W1 (c) states ‘The Licensee shall immediately recover, or remove and dispose of any liquid resulting from spills or leaks of environmentally hazardous chemicals or other hydrocarbons, whether inside or outside the low permeability compound(s)’?
(2) If no to (1), will the Minister quote the specific text of the condition?
(3) Can the Minister explain why did the Department impose a licence condition which requires the licensee to immediately recover, or remove and dispose of any liquid resulting from spills or leaks of environmentally hazardous chemicals or other hydrocarbons, whether inside or outside the low permeability compounds given that it could be argued that this is on a mining tenement, some distance from a large human residential population, the soil is only on a mining tenement, the groundwater is hypersaline and has no beneficial use except mineral processing and one can reasonably expect hazardous chemicals to spill or leak both inside and outside of the low permeability compounds?
(4) If no to (3), why not?
(5) Is it correct that condition W2 states ‘The licensee shall manage the storage of all matter containing saline, alkaline or cyanide constituents within tailings storage facilities in a manner which prevents pollution’?
(6) If no to (5), will the Minister quote the specific text of the condition?
(7) Can the Minister explain how does the Department expect to be able to enforce condition W2 given that there is no clear definition of what is expected for the term manage and if pollution, damage or environmental harm did occur it would be very difficult to prove inappropriate management without specifically identifying what this is in the licence?
(8) If no to (7), why not?
(9) Is it correct that condition W5(d) states ‘The Licensee shall report as soon as practicable any spills greater that 5000L of liquid containing saline, alkaline or cyanide constituents, that escape from bunding’?
(10) If no to (9), will the Minister quote the specific text of the condition?
(11) Can the Minister explain what is so important under the
Environmental Protection Act 1986
to require the licensee to report saline, alkaline or cyanide constituents that escape from the bunding given that it can only affect the soil, vegetation and groundwater on a mining tenement which is hypersaline and can be argued as having no beneficial use except as mineral processing?
(12) If no to (11), why not?

AnswerView source ↗

Answered
11 October 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
40 days
The Minister for the Environment; Science has provided the following response: (1) Yes. (2) Not applicable. (3) The Department of Environment considers bunding and the recovery of spills a practical measure to minimise the impact on environmental values of the area. Without bunding spills will occur onto the land surface and may come in direct contact with flora and fauna. However, the DoE is currently reviewing the appropriateness of this generic condition. Many environmentally hazardous chemicals are adequately covered by the Department of Consumer and Employment Protection through the Explosives & Dangerous Goods (Dangerous Goods Handling & Storage) Regulations 1992 and therefore should not be double regulated. This consideration will need to be made on a site-by-site basis. The DoE is undertaking this review as part of a general licence reform program, which is the implementation of the recommendations of the Welker Review of 2003. This premise is yet to be considered in light of that program. With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(1) Yes. (2) Not applicable. (3) The Department of Environment considers bunding and the recovery of spills a practical measure to minimise the impact on environmental values of the area. Without bunding spills will occur onto the land surface and may come in direct contact with flora and fauna. However, the DoE is currently reviewing the appropriateness of this generic condition. Many environmentally hazardous chemicals are adequately covered by the Department of Consumer and Employment Protection through the Explosives & Dangerous Goods (Dangerous Goods Handling & Storage) Regulations 1992 and therefore should not be double regulated. This consideration will need to be made on a site-by-site basis. The DoE is undertaking this review as part of a general licence reform program, which is the implementation of the recommendations of the Welker Review of 2003. This premise is yet to be considered in light of that program. With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(2) Not applicable. (3) The Department of Environment considers bunding and the recovery of spills a practical measure to minimise the impact on environmental values of the area. Without bunding spills will occur onto the land surface and may come in direct contact with flora and fauna. However, the DoE is currently reviewing the appropriateness of this generic condition. Many environmentally hazardous chemicals are adequately covered by the Department of Consumer and Employment Protection through the Explosives & Dangerous Goods (Dangerous Goods Handling & Storage) Regulations 1992 and therefore should not be double regulated. This consideration will need to be made on a site-by-site basis. The DoE is undertaking this review as part of a general licence reform program, which is the implementation of the recommendations of the Welker Review of 2003. This premise is yet to be considered in light of that program. With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(3) The Department of Environment considers bunding and the recovery of spills a practical measure to minimise the impact on environmental values of the area. Without bunding spills will occur onto the land surface and may come in direct contact with flora and fauna. However, the DoE is currently reviewing the appropriateness of this generic condition. Many environmentally hazardous chemicals are adequately covered by the Department of Consumer and Employment Protection through the Explosives & Dangerous Goods (Dangerous Goods Handling & Storage) Regulations 1992 and therefore should not be double regulated. This consideration will need to be made on a site-by-site basis. The DoE is undertaking this review as part of a general licence reform program, which is the implementation of the recommendations of the Welker Review of 2003. This premise is yet to be considered in light of that program. With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
The DoE is undertaking this review as part of a general licence reform program, which is the implementation of the recommendations of the Welker Review of 2003. This premise is yet to be considered in light of that program. With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
With approximately 850 licensed premises in the State this review will take some time to complete. In the Goldfields area, the Kanowna Belle license is likely to be reviewed in late 2006. (4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(4) Not applicable. (5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(5) Yes. (6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(6) Not applicable. (7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(7) Enforcement action in regards to this condition would need to be considered on a case-by-case basis. Suffice to say that the term 'manage' would be taken in its ordinary sense because the term is not defined within the license. (8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(8) Not applicable. (9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(9) Yes. (10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(10) Not applicable. (11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(11) Without intervention spills will occur directly onto the land surface and may be in direct contact with flora and fauna. The Department of Environment considers this condition practical in that the Department can be involved in making an assessment, on a case-by-case basis, of the impact of such a spill on environmental values in the local area. It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
It is noted that the condition doesn't make it an offence, in itself, to have a spill greater than 5000L but rather that the licensee shall report these spills to the Department of Environment. The Honorable Member is correct that spills are unlikely to affect the underlying saline groundwater system, but it is the direct impact on the flora and fauna on the surface that is the main concern. (12) Not applicable.
(12) Not applicable.

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