❓ A WA parliamentary question on notice regarding a complaint about mining activities potentially violating Section 20(5) of the Mining Act 1978, specifically concerning the need for written consent from a resident. The Minister acknowledges the complaint and DoIR's ongoing investigation.
AnsweredQoN 2617Legislative Council
QuestionView source ↗
I refer to a letter of complaint dated January 5 2005, addressed to the Minister for State Development requesting urgent regulatory enforcement action from the Department of Industry and Resources (DoIR) in relation to section 20(5) of the
Mining Act 1978
-
(1) Can the Minister state the specific date on which this complaint of January 5 2005 was received by the DoIR?
(2) If no to (1), why not?
(3) Can the Minister explain why it took nearly one month from January 5 2005 till February 3 2005, for DoIR to write to the resident with a view to arranging a meeting between him and a DoIR officer, when the resident had specifically stated in his letter ‘request for urgent enforcement’?
(4) If no to (3), why not?
(5) Is it correct that part of the letter dated January 5 2005, from the resident states ‘If your Department is not of the view that any of the above referred to activities fall within the definition of section 20(5), and do not require my written consent, can you please advise me with a clear and definitive explanation, as on the evidence that I have, and according to my interpretation of your Ministerial statement, all of the above five named activities require my written consent’?
(6) If no to (5), will the Minister quote the specific text of the letter dated January 5 2005?
(7) Will the Minister ensure that the Department writes to the resident giving a clear and definitive explanation for all the five named activities in his letter dated January 5 2005, as to whether they require his written consent under section 20(5) of the
Mining Act 1978
?
(8) If no to (7), why not?
(9) Will DoIR direct or request that KCGM cease usage and discontinuance of the concrete/shed/fencing known as the KCGM Williamstown switchboard, given that the occupier has not given written consent as is required under section 20(5) for the usage?
(10) If no to (9), why not?
(11) Will DoIR direct or request that KCGM cease usage and discontinuance of the large gates and fencing constructed across the haul road, used by employees, contractors all times of the day/night, given that the occupier has not given written consent as is required under section 20(5)?
(12) If no to (11), why not?
Mining Act 1978
-
(1) Can the Minister state the specific date on which this complaint of January 5 2005 was received by the DoIR?
(2) If no to (1), why not?
(3) Can the Minister explain why it took nearly one month from January 5 2005 till February 3 2005, for DoIR to write to the resident with a view to arranging a meeting between him and a DoIR officer, when the resident had specifically stated in his letter ‘request for urgent enforcement’?
(4) If no to (3), why not?
(5) Is it correct that part of the letter dated January 5 2005, from the resident states ‘If your Department is not of the view that any of the above referred to activities fall within the definition of section 20(5), and do not require my written consent, can you please advise me with a clear and definitive explanation, as on the evidence that I have, and according to my interpretation of your Ministerial statement, all of the above five named activities require my written consent’?
(6) If no to (5), will the Minister quote the specific text of the letter dated January 5 2005?
(7) Will the Minister ensure that the Department writes to the resident giving a clear and definitive explanation for all the five named activities in his letter dated January 5 2005, as to whether they require his written consent under section 20(5) of the
Mining Act 1978
?
(8) If no to (7), why not?
(9) Will DoIR direct or request that KCGM cease usage and discontinuance of the concrete/shed/fencing known as the KCGM Williamstown switchboard, given that the occupier has not given written consent as is required under section 20(5) for the usage?
(10) If no to (9), why not?
(11) Will DoIR direct or request that KCGM cease usage and discontinuance of the large gates and fencing constructed across the haul road, used by employees, contractors all times of the day/night, given that the occupier has not given written consent as is required under section 20(5)?
(12) If no to (11), why not?
AnswerView source ↗
Answered
9 November 2005
Responded by
Leader of the House representing the Minister for State Development
Response time
48 days
(1) 18 January 2005.
(2)N/A.
(3)The Department of Industry and Resources (DoIR) received the resident's letter on 18 January 2005 and wrote to the resident 16 days later on 3 February 2005. Such a response time is considered reasonable, given DoIR's normal workloads and the nature of the matters complained of by the resident.
(4)N/A.
(5)Yes.
(6)N/A.
(7) & (8) I am advised that DoIR, rather than myself, has the authority and responsibility to enforce the provisions of the Mining Act 1978 and, further, that I have no authority to direct or insist that DoIR take a particular course of action in relation to enforcement of the Mining Act 1978 or associated matters. I am, however, informed that DoIR intends to respond to the resident's queries concerning section 20(5) of the Mining Act 1978 following the completion of its investigation into his complaints.
(9) Whilst DoIR's investigation into the resident's complaints is nearing completion, DoIR will need to await the outcome of the investigation before it is in a position to initiate any action considered appropriate and necessary in the circumstances of this case.
(10)N/A
(11)Refer to Answer 9) above.
(12) N/A.
(2)N/A.
(3)The Department of Industry and Resources (DoIR) received the resident's letter on 18 January 2005 and wrote to the resident 16 days later on 3 February 2005. Such a response time is considered reasonable, given DoIR's normal workloads and the nature of the matters complained of by the resident.
(4)N/A.
(5)Yes.
(6)N/A.
(7) & (8) I am advised that DoIR, rather than myself, has the authority and responsibility to enforce the provisions of the Mining Act 1978 and, further, that I have no authority to direct or insist that DoIR take a particular course of action in relation to enforcement of the Mining Act 1978 or associated matters. I am, however, informed that DoIR intends to respond to the resident's queries concerning section 20(5) of the Mining Act 1978 following the completion of its investigation into his complaints.
(9) Whilst DoIR's investigation into the resident's complaints is nearing completion, DoIR will need to await the outcome of the investigation before it is in a position to initiate any action considered appropriate and necessary in the circumstances of this case.
(10)N/A
(11)Refer to Answer 9) above.
(12) N/A.
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