A WA parliamentary question probes the Department of Industry and Resources' handling of mining breaches and environmental damage allegations, specifically concerning the involvement of Mr. Bill Phillips and the department's response to Mr. S. Kean's complaints.

AnsweredQoN 1585Legislative Council
Asked
9 December 2003
Portfolio
State Development

QuestionView source ↗

I refer to a letter dated November 14 2003, signed by Mr Bill Phillips for Noel Ashcroft, Acting Director General from the Department of Industry and Resources departmental reference A0945/20030 -
(1) Did Mr Bill Phillips research and prepare this letter dated November 14 2003?
(2) If yes to (1), how was this research undertaken to prepare this letter?
(3) If no to (1), specifically who did prepare this letter dated November 14 and how was the research undertaken to prepare the letter before being sent?
(4) Is it correct that Mr S. Kean in a letter dated November 5 2003 addressed to the Director General and stated ‘You have clearly deliberately avoided this request since March 2003 and you claim you have not avoided the Departments obligations and responsibilities to investigate current breaches of the
Mining Act 1978
and Regulations. It is my view you are clearly trying to insult my intelligence in denying that the department has avoided its obligations and responsibilities to investigate current breaches of the
Mining
Act
and Regulations under the
Mining
Act
as the requests in writing dated March 13 2003, May 6 2003, September 23 2003 have repeatedly been met with a multitude of excuses, clearly evidencing the departments constant attitude not to investigate the breaches of current legislation in the specific manner that I have outlined in these letters’?
(5) If no to (4), will the Minister table the letter dated November 5 2003?
(6) Can the Minister quote the specific text of the ‘allegations’ made by Mr S Kean the department is referring to when they have stated ‘At this point in time it is not proposed to have the State Mining Engineer visit Kalgoorlie regarding your allegations’?
(7) If no to (6), why not?
(8) Can the Minister state what specific involvement or dealings Mr Bill Phillips from the Department has had in relation to these matters in the last 6 years?
(9) Has Mr Bill Phillips ever thoroughly investigated and reviewed other departmental officers conduct and actions concerning these matters in the last 6 years?
(10) If yes to (9), how was this investigation and review undertaken by Mr Bill Phillips and what was the outcome?

AnswerView source ↗

Answered
10 March 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
92 days
(1)-(3) The letter referred to was prepared by staff of the Department on behalf of the Acting Director General. The relevance of individual officers being identified is unclear from this question, and the Acting Director General’s response was based on information held on Departmental files. (4)-(5) Yes (6)-(7) The allegations made by Mr Kean relating to the issue described in Mr Kean’s letter dated 23 September 2003 to the Director General as “seepage of mine water and pollutants from the tailings facilities onto the Trans Australian Railway property Hampton Location 32 and our tenements which is causing significant environmental damage and also creating dangerous and unsafe working conditions”. (8)-(10) A number of Departmental officers have been involved in dealing with these issues in the past six years. As the Minister for State Development has pointed out in correspondence to Mr Kean, the Cooke Review was established to give people the opportunity to raise issues regarding past events, and the Minister does not propose to comment at this time on issues which have or should have been raised with Mr Cooke. Once the final report of the Cooke review is available, it will be released for public comment before any formal response is made by Government to any recommendations it may contain. This process will provide an opportunity for any member of the community aggrieved by any aspect of the report to make submissions to the Minister.
(4)-(5) Yes (6)-(7) The allegations made by Mr Kean relating to the issue described in Mr Kean’s letter dated 23 September 2003 to the Director General as “seepage of mine water and pollutants from the tailings facilities onto the Trans Australian Railway property Hampton Location 32 and our tenements which is causing significant environmental damage and also creating dangerous and unsafe working conditions”. (8)-(10) A number of Departmental officers have been involved in dealing with these issues in the past six years. As the Minister for State Development has pointed out in correspondence to Mr Kean, the Cooke Review was established to give people the opportunity to raise issues regarding past events, and the Minister does not propose to comment at this time on issues which have or should have been raised with Mr Cooke. Once the final report of the Cooke review is available, it will be released for public comment before any formal response is made by Government to any recommendations it may contain. This process will provide an opportunity for any member of the community aggrieved by any aspect of the report to make submissions to the Minister.
(6)-(7) The allegations made by Mr Kean relating to the issue described in Mr Kean’s letter dated 23 September 2003 to the Director General as “seepage of mine water and pollutants from the tailings facilities onto the Trans Australian Railway property Hampton Location 32 and our tenements which is causing significant environmental damage and also creating dangerous and unsafe working conditions”. (8)-(10) A number of Departmental officers have been involved in dealing with these issues in the past six years. As the Minister for State Development has pointed out in correspondence to Mr Kean, the Cooke Review was established to give people the opportunity to raise issues regarding past events, and the Minister does not propose to comment at this time on issues which have or should have been raised with Mr Cooke. Once the final report of the Cooke review is available, it will be released for public comment before any formal response is made by Government to any recommendations it may contain. This process will provide an opportunity for any member of the community aggrieved by any aspect of the report to make submissions to the Minister.
(8)-(10) A number of Departmental officers have been involved in dealing with these issues in the past six years. As the Minister for State Development has pointed out in correspondence to Mr Kean, the Cooke Review was established to give people the opportunity to raise issues regarding past events, and the Minister does not propose to comment at this time on issues which have or should have been raised with Mr Cooke. Once the final report of the Cooke review is available, it will be released for public comment before any formal response is made by Government to any recommendations it may contain. This process will provide an opportunity for any member of the community aggrieved by any aspect of the report to make submissions to the Minister.

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