❓ A parliamentary question regarding environmental breaches by KCGM Superpit operations, specifically concerning the Department of Environment's (DoE) enforcement actions and licensing system. The Minister's response indicates an ongoing investigation and defends the DoE's policies.
AnsweredQoN 3207Legislative Council
QuestionView source ↗
I refer to the editorial dated November 25 2005 which appeared on page 2 of
The Kalgoorlie Miner
titled ‘Delays do not reflect well on watchdog’, various emails dated March 13 2001, from Peter Skitmore to Catherine Harrison, Sean Mcgunninigle copied to various people titled ‘KCGM Superpit Operations’ -
(1) Does the Minister agree with the editorial dated November 25 2005, which in part states ‘If what the company did was wrong, the Government should make that clear and tell the public how the issue will be dealt with so further breaches are discouraged’?
(2) If no to (1), why not?
(3) If yes to (1), why?
(4) Does the Department of Environment (DoE) understand the clear difference between taking enforcement action against KCGM which clearly encourages, facilitates further breaches of the laws and taking enforcement action which clearly discourages further breaches of the laws which are designed to protect the environment and community and deters the offender with serious penalties?
(5) If yes (4), can the Minister explain how the DoE understands the difference?
(6) If no to (4), why not?
(7) Can the Minister explain why the officer stated ‘This issue is progressively becoming critical as the pit is proposed to expand further to the west and operations will be getting closer to the residential areas. The Community is concerned that if it is causing them problems now it will become worse later’?
(8) If no to (7), why not?
(9) Can the Minister explain why the officer stated ‘I would like to be able to use the licensing system to achieve the necessary monitoring, reporting, control and environmental outcome. However from recollection the licence does not or at least did not cover the superpit operations’?
(10) If no to (9), why not?
(11) Will the Minister clearly change the current system of unenforceable Ministerial conditions, to where the licensing system clearly covers all of KCGM’s operations, so as the monitoring, reporting, and control can be amended at any given time very quickly, reviewed annually providing for input from members of the public and be ultimately reviewed by the Minister?
(12) If no to (11), why not?
The Kalgoorlie Miner
titled ‘Delays do not reflect well on watchdog’, various emails dated March 13 2001, from Peter Skitmore to Catherine Harrison, Sean Mcgunninigle copied to various people titled ‘KCGM Superpit Operations’ -
(1) Does the Minister agree with the editorial dated November 25 2005, which in part states ‘If what the company did was wrong, the Government should make that clear and tell the public how the issue will be dealt with so further breaches are discouraged’?
(2) If no to (1), why not?
(3) If yes to (1), why?
(4) Does the Department of Environment (DoE) understand the clear difference between taking enforcement action against KCGM which clearly encourages, facilitates further breaches of the laws and taking enforcement action which clearly discourages further breaches of the laws which are designed to protect the environment and community and deters the offender with serious penalties?
(5) If yes (4), can the Minister explain how the DoE understands the difference?
(6) If no to (4), why not?
(7) Can the Minister explain why the officer stated ‘This issue is progressively becoming critical as the pit is proposed to expand further to the west and operations will be getting closer to the residential areas. The Community is concerned that if it is causing them problems now it will become worse later’?
(8) If no to (7), why not?
(9) Can the Minister explain why the officer stated ‘I would like to be able to use the licensing system to achieve the necessary monitoring, reporting, control and environmental outcome. However from recollection the licence does not or at least did not cover the superpit operations’?
(10) If no to (9), why not?
(11) Will the Minister clearly change the current system of unenforceable Ministerial conditions, to where the licensing system clearly covers all of KCGM’s operations, so as the monitoring, reporting, and control can be amended at any given time very quickly, reviewed annually providing for input from members of the public and be ultimately reviewed by the Minister?
(12) If no to (11), why not?
AnswerView source ↗
Answered
14 March 2006
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
103 days
The Minister for the Environment has provided the following response: The following information is correct as at 16 January 2006. (1) As this matter is an ongoing investigation it is not appropriate to make comment about the specific cases. The editorial is making assumptions about the elements of the offence and the level of evidence needed to establish a prima facie case about a breach of licence or Ministerial Condition. The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. (2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
The following information is correct as at 16 January 2006. (1) As this matter is an ongoing investigation it is not appropriate to make comment about the specific cases. The editorial is making assumptions about the elements of the offence and the level of evidence needed to establish a prima facie case about a breach of licence or Ministerial Condition. The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. (2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(1) As this matter is an ongoing investigation it is not appropriate to make comment about the specific cases. The editorial is making assumptions about the elements of the offence and the level of evidence needed to establish a prima facie case about a breach of licence or Ministerial Condition. The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. (2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
· A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
· It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(12) Not applicable.
The following information is correct as at 16 January 2006. (1) As this matter is an ongoing investigation it is not appropriate to make comment about the specific cases. The editorial is making assumptions about the elements of the offence and the level of evidence needed to establish a prima facie case about a breach of licence or Ministerial Condition. The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. (2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(1) As this matter is an ongoing investigation it is not appropriate to make comment about the specific cases. The editorial is making assumptions about the elements of the offence and the level of evidence needed to establish a prima facie case about a breach of licence or Ministerial Condition. The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. (2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(2-3) Not applicable. (4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(4) Yes. (5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(5) The DoE undertakes enforcement action in accordance with its Enforcement and Prosecution Policy to achieve compliance in a defined and measurable manner in line with the objectives of the legislation being enforced. The purpose of prosecution is to bring justice to those who commit offences and where applicable punish those who deserve punishment for their offences. Such action will only be taken when the following prerequisites are satisfied: · A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
· A prima facie case exists; and · It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
· It is in the public interest. There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
There are several factors that address the public interest test including the assessment that there are reasonable prospects of securing a conviction. In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
In exercising enforcement powers the DoE will have regard to the likelihood that the desired outcome will be achieved in a cost effective manner. The desired outcomes include the environmental outcome in a particular case, compliance with the principles of the Enforcement and Prosecution Policy and implications for the administration of the relevant legislation. (6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(6) Not applicable. (7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(7) The officer was relaying concerns that had been expressed by sections of the community. (8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(8) Not applicable. (9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(9) Licensing is required under Part V of the Environmental Protection Act 1986 in line with the criteria in Schedule 1 of the Environmental Protection Regulations 1987 . In the case of KCGM the primary reason it is licensed is because it meets Category 5, the processing and beneficiation of metallic or non-metallic ore in excess of 50 000 tonnes per year. There are a significant number of mining operations that have open pit operations but do not have the processing of ore on site and subsequently are not licensed by the DoE. It is also noted that sites may only be processing ore from off site and therefore have no open pits (or underground) operations to support the mill. Therefore to ensure a level playing field across the industry, licence conditions relate to the emissions from the processing and beneficiation of ore, rather than open pit operations. In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
In the case of KCGM operations, due to the size of the open cut operations and the proximity to a population centre the project also went through environmental impact assessment. It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
It is apparent that the officer was unaware as to the spatial extent to which the licence covered the open cut (superpit) operations. (10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(10) Not applicable. (11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(11) The government will continue to regulate potential environmental impacts of KCGM's operations using the full range of statutory instruments available to it. This will include both Ministerial conditions and licence conditions as per answer to (9). The Environmental Protection Act 1986 empowers the Minister to change implementation conditions for any project at any time, after conducting an inquiry into the matter. (12) Not applicable.
(12) Not applicable.
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