A parliamentary question regarding alleged unsafe working conditions and pollution from tailings dams on mining tenements P26/1848 and P26/1858, and the Department's response to these concerns. The Minister states that previous investigations found no breaches and that the department has not avoided its responsibilities.

AnsweredQoN 1260Legislative Council
Asked
19 September 2003
Portfolio
State Development

QuestionView source ↗

I refer to question on notice number 1131 of August 15 2003 and all correspondence sent to the Department and Minister on this matter including within the last 6 months -
(1) Given that the Minister has not provided a specific clear and concise answer to part 1 of the question can the Minister now explain why the Director General is ‘concerned’ at the assertion of dangerous and unsafe working conditions prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’?
(2) If no to (1) why not?
(3) Can the Minister state the reason(s) why the Director General asked the State Mining Engineer to personally ensure ‘that there is no risk to any person on those tenements’ P26/1848 and P26/1858 , yet cannot ask or direct the State Mining Engineer as per Mr S. Kean’s request in letters dated March 13 2003, May 6 2003 and other letters which is part of the departments obligations and responsibilities to investigate current breaches of the
Mining Act 1978
and Regulations concerning pollution leakage and seepage of mine water and pollutants from Fimiston I and Fimiston II tailings dams onto P26/1848 and P26/1858?
(4) If no to (3) why not?
(5) Can the Minister explain why the Director General clearly has deliberately avoided and negated the departments obligations and responsibilities under the
Mining Act 1978-1987
and Regulations given that Mr S. Kean has specifically requested and asked in letters dated March 13 2003 and May 6 2003 for the Director General to request /ask that the State Mining Engineer visit Kalgoorlie to investigate current breaches of the
Mining Act 1978-1987
in which Mr Tony Cooke has clearly stated to the Department in a letter that Mr Kean has a lot of documentation to support his claims of contamination of the ground water on his tenement, rising ground water levels, environmental damage etc?
(6) If no to (5) why not?

AnswerView source ↗

Answered
11 November 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
53 days
(1)-(2) It is self evident as to why the Director General would be concerned at the assertion of dangerous and unsafe working conditions prevailing on any mining tenements. (3)-(4) The issues raised by Mr S Kean are part of the case study contained in the draft Report of the Cooke Review. The basis of the alleged current breaches of the Mining Act 1978 and Regulations is the same set of circumstances referred to in the case study, and the outcome of previous investigations was that no breaches had occurred. By letter dated 28 April 2003 the Director General asked Mr Kean to provide specific details of the dangerous and unsafe working conditions, however to date no new information has been provided. (5)-(6) The Department has not avoided its responsibilities under the Mining Act 1978 and Regulations in this matter.
(3)-(4) The issues raised by Mr S Kean are part of the case study contained in the draft Report of the Cooke Review. The basis of the alleged current breaches of the Mining Act 1978 and Regulations is the same set of circumstances referred to in the case study, and the outcome of previous investigations was that no breaches had occurred. By letter dated 28 April 2003 the Director General asked Mr Kean to provide specific details of the dangerous and unsafe working conditions, however to date no new information has been provided. (5)-(6) The Department has not avoided its responsibilities under the Mining Act 1978 and Regulations in this matter.
The basis of the alleged current breaches of the Mining Act 1978 and Regulations is the same set of circumstances referred to in the case study, and the outcome of previous investigations was that no breaches had occurred. By letter dated 28 April 2003 the Director General asked Mr Kean to provide specific details of the dangerous and unsafe working conditions, however to date no new information has been provided. (5)-(6) The Department has not avoided its responsibilities under the Mining Act 1978 and Regulations in this matter.
By letter dated 28 April 2003 the Director General asked Mr Kean to provide specific details of the dangerous and unsafe working conditions, however to date no new information has been provided. (5)-(6) The Department has not avoided its responsibilities under the Mining Act 1978 and Regulations in this matter.
(5)-(6) The Department has not avoided its responsibilities under the Mining Act 1978 and Regulations in this matter.

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