❓ Hon Robin Chapple questions the Department of Environment and Heritage regarding KCGM's compliance with license conditions, specifically concerning seepage and pipeline bunding, and seeks assurance of equitable enforcement compared to smaller operators. The Minister confirms KCGM addressed the pipeline issue and that enforcement is based on environmental impact, not company size.
AnsweredQoN 287Legislative Council
QuestionView source ↗
I refer to a letter which I understand is dated April 6 2001 addressed to Mr John Shipp, Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM) signed by Merv Stokes for Fred Tromp, Director Pollution Prevention Division titled ‘Inspection of Licensed Premises License Number 5946/5 Gidgi Roaster, Kalgoorlie-Meekatharra Highway G24/24, G24/25-33, Kalgoorlie’ and question on notice No. 64 of August 21 2002 -
(1) Is it correct that part of the letter dated April 6 2001 states -
‘Condition W2 requires the licensee to retain all matter containing saline or alkaline constituents within holding facilities in a manner which prevents pollution. As previously acknowledged by this Department, seepage from the TSF is evident with some ground water monitoring bores demonstrating high SWL’s, increased salinities and high WADCN levels.’?
(2) If no to (1), what did the letter in part state?
(3) If yes to (1), why was the Department specifically acknowledging certain matters?
(4) Is it correct that part of the letter states -
‘Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that ground water being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken’?
(5) If yes to (4), will the Department prosecute KCGM for breaching condition W4 given that the company has repeatedly breached licence conditions at least seven times at various sites?
(6) If no to (4), what did the letter in part state?
(7) Will the Minister or the Department allow small prospectors/companies to breach their licence conditions with administrative or other breaches at least eight times without facing a prosecution?
(8) If no to (7), why not?
(9) If yes to (7), why?
(10) Can the Minister advise how many times in numbers the Department is prepared to allow KCGM administrative breaches or other breaches of licence conditions before it will commence a prosecution against the company to demonstrate that it regards a breach of licence conditions as extremely serious?
(11) If no to (10), why not?
(1) Is it correct that part of the letter dated April 6 2001 states -
‘Condition W2 requires the licensee to retain all matter containing saline or alkaline constituents within holding facilities in a manner which prevents pollution. As previously acknowledged by this Department, seepage from the TSF is evident with some ground water monitoring bores demonstrating high SWL’s, increased salinities and high WADCN levels.’?
(2) If no to (1), what did the letter in part state?
(3) If yes to (1), why was the Department specifically acknowledging certain matters?
(4) Is it correct that part of the letter states -
‘Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that ground water being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken’?
(5) If yes to (4), will the Department prosecute KCGM for breaching condition W4 given that the company has repeatedly breached licence conditions at least seven times at various sites?
(6) If no to (4), what did the letter in part state?
(7) Will the Minister or the Department allow small prospectors/companies to breach their licence conditions with administrative or other breaches at least eight times without facing a prosecution?
(8) If no to (7), why not?
(9) If yes to (7), why?
(10) Can the Minister advise how many times in numbers the Department is prepared to allow KCGM administrative breaches or other breaches of licence conditions before it will commence a prosecution against the company to demonstrate that it regards a breach of licence conditions as extremely serious?
(11) If no to (10), why not?
AnswerView source ↗
Answered
5 December 2002
Responded by
Minister for Housing and Works representing the Minister for the Environment and Heritage
Response time
22 days
(2) Not applicable. (3) The DEP acknowledges KCGM's seepage management strategy, prepared to understand the extent of seepage and manage it, which includes installation of 19 production bores, with another 6 bores to be commissioned by the end of April 2001 in that letter dated 6 April 2001. (4) Yes, the letter states 'Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that groundwater being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken'. (5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(3) The DEP acknowledges KCGM's seepage management strategy, prepared to understand the extent of seepage and manage it, which includes installation of 19 production bores, with another 6 bores to be commissioned by the end of April 2001 in that letter dated 6 April 2001. (4) Yes, the letter states 'Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that groundwater being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken'. (5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(4) Yes, the letter states 'Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that groundwater being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken'. (5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(3) The DEP acknowledges KCGM's seepage management strategy, prepared to understand the extent of seepage and manage it, which includes installation of 19 production bores, with another 6 bores to be commissioned by the end of April 2001 in that letter dated 6 April 2001. (4) Yes, the letter states 'Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that groundwater being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken'. (5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(4) Yes, the letter states 'Condition W4 requires the licensee to ensure that all pipelines containing saline, alkaline or cyanide constituents are sited within appropriate bunded facilities. During the inspection it was noted that groundwater being recovered by the production bores was being carried in pipelines without appropriate bunding. It is understood that plans are already in place to rectify this non-compliance. Can you please confirm when these works will be undertaken'. (5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(5) No, KCGM completed installation of bunding around pipelines by 30 June 2001 as requested. (6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(6) Not applicable. (7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(7) No. DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy. (8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(8) No. My answer to the previous question explains the DEP approach to breaches of licence conditions. The size of the company holding the licence is irrelevant. (9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(9) Not applicable. (10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(10) No. (11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
(11) DEP determines appropriate action in response to breaches of licence conditions by assessing the environmental impact and the DEP enforcement policy.
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