Hon Giz Watson questions Kanowna Mines Ltd regarding potential breaches of mining lease conditions related to work on M27/164. The Minister acknowledges a breach for failing to obtain local authority permission and consult with the Department, resulting in a $2,000 fine.

AnsweredQoN 883Legislative Council
Asked
21 September 2000
Portfolio
Mines

QuestionView source ↗

(1) Has Kanowna Mines Ltd breached condition number 19 on M27/164 in not obtaining the prior approval of the local authority or the relevant reserve vestees for the work carried out by the bulldozer over part of the Kanowna townsite boundary? (2) If not, why not? (3) Has Kanowna Mines Ltd breached condition number 17 on M27/164 in not obtaining the prior written approval of the State Mining Engineer for the work carried out by the bulldozer? (4) If not, why not? (5) Has Kanowna Mines Ltd breached condition number 20 on M27/164? (6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister

AnswerView source ↗

Answered
11 October 2000
Response time
20 days
(1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(2) If not, why not? (3) Has Kanowna Mines Ltd breached condition number 17 on M27/164 in not obtaining the prior written approval of the State Mining Engineer for the work carried out by the bulldozer? (4) If not, why not? (5) Has Kanowna Mines Ltd breached condition number 20 on M27/164? (6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(3) Has Kanowna Mines Ltd breached condition number 17 on M27/164 in not obtaining the prior written approval of the State Mining Engineer for the work carried out by the bulldozer? (4) If not, why not? (5) Has Kanowna Mines Ltd breached condition number 20 on M27/164? (6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(4) If not, why not? (5) Has Kanowna Mines Ltd breached condition number 20 on M27/164? (6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(5) Has Kanowna Mines Ltd breached condition number 20 on M27/164? (6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(6) If not, why not? (7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(7) Has Kanowna Mines Ltd breached condition number 10 on M27/164? (8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(8) If not, why not? (9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(9) Has Kanowna Mines Ltd breached condition number 8 on M27/164? (10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(10) If not, why not? (11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(11) Will the department or the Minister issue a notice of intention to forfeit to the holder of M27/164 if the holder has breached any of the condition numbers 19, 17, 20, 10, 8 or any other condition on M27/164? (12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
(12) If not, why not? Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.
Answered on 11 October 2000 The Minister Replied: (1) to (12) The activities undertaken on Mining Lease 27/164 involved the construction of a safety bund referred to in the ?Notice of Intent for the Golden Feather Ballarat Last Chance Pit? and referred to in Condition 12 of the lease conditions. That document contains the commitment that, ?Vehicular Traffic will be restricted to site roads with all other tracks being bunded/fenced/ripped to prevent unauthorised access?. However, it is considered that there was breach of conditions of Mining Lease 27/164 because the lessee failed to obtain the prior permission of the local authority and consult with the Department of Minerals and Energy. Accordingly on 19 August 1999 a fine of $2,000 was imposed on the lessee which represented an appropriate penalty for the breach of conditions.

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