❓ A parliamentary question addresses concerns about groundwater contamination from a tailings dam impacting a prospecting license, questioning the enforceability of prior appeals and whether the contamination constitutes environmental harm under existing legislation. The Minister's response indicates that the seepage has not been found to cause environmental harm, given the designated environmental value of the groundwater.
AnsweredQoN 1727Legislative Assembly
QuestionView source ↗
With reference to Prospecting Licence 26/3126 and a letter dated 17 July 2006 with enclosures from the Minister for the Environment, reference 220 of 2005 addressed to Mr J Smith, I ask -
(1) Has the Minister received advice that the previous Minister for the Environment’s appeal was legally enforceable?
(2) Will the holder of Prospecting Licence 26/3126 and the environment contained within it have to suffer from unnaturally high ground water levels of approximately four metres below the surface) caused by toxic seepage emissions entering the tenement for the next 10 years or more until the mine closes?
(3) If yes to (2) can the Minister explain why?
(4) If no to (2) will the Department of Environment and Conservation (DEC) immediately direct KCGM to reduce groundwater levels within the confines of Prospecting Licence 26/3126 back to historical levels?
(5) Can the Minister state what are the estimated historic groundwater levels below the surface on P26/3126 prior to the construction and operation of the Fimiston 1 tailings dam?
(6) Can the Minister explain why toxic seepage emissions from the Fimiston I tailings dam below 4 metres ground level on P26/3126 cannot be considered environmental harm under the
Environmental Protection Act 1986?
(a) If not, why not?
(1) Has the Minister received advice that the previous Minister for the Environment’s appeal was legally enforceable?
(2) Will the holder of Prospecting Licence 26/3126 and the environment contained within it have to suffer from unnaturally high ground water levels of approximately four metres below the surface) caused by toxic seepage emissions entering the tenement for the next 10 years or more until the mine closes?
(3) If yes to (2) can the Minister explain why?
(4) If no to (2) will the Department of Environment and Conservation (DEC) immediately direct KCGM to reduce groundwater levels within the confines of Prospecting Licence 26/3126 back to historical levels?
(5) Can the Minister state what are the estimated historic groundwater levels below the surface on P26/3126 prior to the construction and operation of the Fimiston 1 tailings dam?
(6) Can the Minister explain why toxic seepage emissions from the Fimiston I tailings dam below 4 metres ground level on P26/3126 cannot be considered environmental harm under the
Environmental Protection Act 1986?
(a) If not, why not?
AnswerView source ↗
Answered
26 February 2007
Responded by
Minister for the Environment
Response time
76 days
(1) No (2-4) The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution or environmental harm (serious or material). In this case, the seepage from the tailings dam which is causing the elevated groundwater levels has not been found to be causing environmental harm. However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(1) No (2-4) The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution or environmental harm (serious or material). In this case, the seepage from the tailings dam which is causing the elevated groundwater levels has not been found to be causing environmental harm. However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(2-4) The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution or environmental harm (serious or material). In this case, the seepage from the tailings dam which is causing the elevated groundwater levels has not been found to be causing environmental harm. However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(5) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(1) No (2-4) The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution or environmental harm (serious or material). In this case, the seepage from the tailings dam which is causing the elevated groundwater levels has not been found to be causing environmental harm. However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(2-4) The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution or environmental harm (serious or material). In this case, the seepage from the tailings dam which is causing the elevated groundwater levels has not been found to be causing environmental harm. However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
However DEC also acknowledges that it needs to have due regard to the minimisation of emissions where practicable and is taking actions in this regard. 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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
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) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(5) Further to the information provided in the answers to Question on Notice 3409 in the Legislative Council of 2 May 2006, KCGM provided a further revision of the assessment of historical groundwater levels to DEC in December 2006. DEC has obtained comments from the Department of Water on this revision and is also seeking comments from parties who had commented previously. Once this is complete, DEC will advise on its acceptance of the historical groundwater level assessment. KCGM is also amending the Seepage and Groundwater Management Plan accordingly. (6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
(6) The environmental value of the hypersaline groundwater in the vicinity of KCGM's operations is defined in the Goldfields Groundwater Area Management Plan as mining and mineral processing. The seepage associated with KCGM's tailings facilities has not been detrimental to this environmental value and is therefore not considered to have caused environmental harm. In regard to the native vegetation in this part of the Goldfields, keeping the hypersaline groundwater below the influence of the root zone of trees minimises the risk of stress or destruction of the vegetation and thereby minimises the risk of environmental harm.
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