Hon Tom Helm asks about non-compliance allegations regarding Prospecting Licence 29/1338. The Minister responds that Goongarrie Gold extracted more material than permitted, resulting in a penalty of $850 instead of forfeiture.

AnsweredQoN 699Legislative Council
Asked
17 August 2000
Portfolio
Mines

QuestionView source ↗

(1) Can the Minister state, what specific condition(s) on the tenement were alleged to be in non-compliance and the reasons why they were alleged to be in non compliance? (2) If not, why not? (3) Can the Minister explain what specific evidence the department had to support the failure to comply with the condition(s) on the mining tenement? (4) If not, why not? (5) Did the tenement become forfeited? (6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister

AnswerView source ↗

Answered
10 October 2000
Response time
54 days
(1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(2) If not, why not? (3) Can the Minister explain what specific evidence the department had to support the failure to comply with the condition(s) on the mining tenement? (4) If not, why not? (5) Did the tenement become forfeited? (6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(3) Can the Minister explain what specific evidence the department had to support the failure to comply with the condition(s) on the mining tenement? (4) If not, why not? (5) Did the tenement become forfeited? (6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(4) If not, why not? (5) Did the tenement become forfeited? (6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(5) Did the tenement become forfeited? (6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(6) If not, why not? (7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(7) Was a fine or a penalty imposed on the holder? (8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
(8) If so, why? Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.
Answered on 10 October 2000 The Minister Replied: (1) Endorsement 2 of the Schedule of Endorsements and Conditions for Prospecting Licence 29/1338 provided that 1000 tonnes of material could be extracted from the licence pursuant to Section 48 of the Mining Act. Evidence indicates that 3150 tonnes of material had been extracted. (2) Not applicable. (3) A site inspection, photos and a map identified the breach. Also Goongarrie Gold acknowledged the breach in Court. (4) Not applicable. (5) No. (6) A penalty in lieu of forfeiture in the sum of $850 was imposed by the Warden at a hearing in the Warden?s Court in Kalgoorlie on 29 August 1997. (7) Yes ? see 6 above. (8) The Warden after hearing evidence decided to impose a penalty in lieu of forfeiture.

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