❓ Hon Robin Chapple questions the Department of Minerals and Energy's policy on mining tenement severance, specifically regarding Peko Exploration Ltd's application. The Minister confirms the policy's existence and application.
AnsweredQoN 239Legislative Council
QuestionView source ↗
I refer to briefing notes signed by the Director General of Mines dated 1992 to Hon Minister, reference 16184 and 16218 titled Application for Exploration Licence 27/85 by Peko Exploration Ltd - Objection by Cullimore Management Pty Ltd -
(1) Does the Department of Minerals and Energy have a long standing policy on severance in which if an application for any mining tenement including prospecting licences and Mining Leases is severed by a prior existing granted tenement the application should be submitted for refusal, or at best for grant in respect to the largest part only?
(2) If not, what is the policy on severed mining tenements for prospecting licences and Mining Leases and how long a period in time has this policy been in force?
(3) If so, how long in years has this policy existed and is it still in existence as of today’s date?
(4) Can the Minister explain why tenement applications for prospecting licences and Mining Leases ‘by inference’ should be in one section only?
(5) If not, why not?
(6) Can the Minister explain why the 'Department would not support Peko’s or the Warden’s contention that the application should be granted in its entirety'?
(7) If not, why not?
(8) Is it correct that the Department advised the Minister ‘As stated previously para 11 the department considers that, in these particular circumstances, Peko’s application should not succeed; the severance is caused by a granted tenement dividing the application in half, and the potential severance could have been ascertained by examining our departmental plans at the time of application’?
(9) If not, can the Minister explain what the Minister was advised?
(10) If so, can the Minister explain how easily the potential severance could have been ascertained by examining the departmental plans at the time of application?
(11) Is it correct the department stated ‘I do not believe exceptional circumstances can be claimed in this case. The onus of establishing the ground availability prior to an application being lodged rests solely with an applicant, who should undertake the necessary study of the ground status, in not only a thorough manner but also in a timely manner’?
(12) If so, can the Minister explain the reasons why?
(1) Does the Department of Minerals and Energy have a long standing policy on severance in which if an application for any mining tenement including prospecting licences and Mining Leases is severed by a prior existing granted tenement the application should be submitted for refusal, or at best for grant in respect to the largest part only?
(2) If not, what is the policy on severed mining tenements for prospecting licences and Mining Leases and how long a period in time has this policy been in force?
(3) If so, how long in years has this policy existed and is it still in existence as of today’s date?
(4) Can the Minister explain why tenement applications for prospecting licences and Mining Leases ‘by inference’ should be in one section only?
(5) If not, why not?
(6) Can the Minister explain why the 'Department would not support Peko’s or the Warden’s contention that the application should be granted in its entirety'?
(7) If not, why not?
(8) Is it correct that the Department advised the Minister ‘As stated previously para 11 the department considers that, in these particular circumstances, Peko’s application should not succeed; the severance is caused by a granted tenement dividing the application in half, and the potential severance could have been ascertained by examining our departmental plans at the time of application’?
(9) If not, can the Minister explain what the Minister was advised?
(10) If so, can the Minister explain how easily the potential severance could have been ascertained by examining the departmental plans at the time of application?
(11) Is it correct the department stated ‘I do not believe exceptional circumstances can be claimed in this case. The onus of establishing the ground availability prior to an application being lodged rests solely with an applicant, who should undertake the necessary study of the ground status, in not only a thorough manner but also in a timely manner’?
(12) If so, can the Minister explain the reasons why?
AnswerView source ↗
Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
147 days
(1) Yes. (2) Not applicable. (3) The policy has been in place since the enactment of the Mining Act 1978 in 1982 and is still in existence. (4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(2) Not applicable. (3) The policy has been in place since the enactment of the Mining Act 1978 in 1982 and is still in existence. (4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(3) The policy has been in place since the enactment of the Mining Act 1978 in 1982 and is still in existence. (4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(12) The paragraph is self-explanatory.
(2) Not applicable. (3) The policy has been in place since the enactment of the Mining Act 1978 in 1982 and is still in existence. (4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(3) The policy has been in place since the enactment of the Mining Act 1978 in 1982 and is still in existence. (4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(4) This inference is drawn from the wording of Regulation 92 of the Act, which provides that tenement applications should be rectangular. (5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(5) Not applicable. (6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(6) The Department has a policy on severance which, as it relates to Exploration Licence 27/85, is that if an application is severed by a prior existing granted tenement, the application should be refused, or granted in respect to the largest part only. (7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(7) Not applicable. (8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(8) Yes. (9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(9) Not applicable. (10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(10) Paragraph 7 of the briefing note stated that: 'If the Applicant had checked the Department's updated plan immediately before lodging the application, the area of the granted Exploration Licence 27/74 would have been evident with the identifying tenement number clearly endorsed.'. (11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(11) It is correct that the Department made the quoted statement however it was made in briefing note 16781 entitled 'Letter at Pages 73 to 77 from Mr B.T. Williams Group Executive – Exploration, Geopeko'. (12) The paragraph is self-explanatory.
(12) The paragraph is self-explanatory.
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