❓ Hon. Norman Moore questions the legal authority granted to Fortescue Metals Group (FMG) for railway construction under the state agreement, particularly regarding the need for further approvals. The Minister clarifies that FMG still requires relevant state government approvals despite the agreement.
AnsweredQoN 218Legislative Council
QuestionView source ↗
I refer the minister to the state agreement with Fortescue Metals Group. (1) Does the minister’s answer to part (4) of question without notice 100 mean that FMG has been given legal authority to build a railway without needing any further lawful approvals, despite the project being at a prefeasibility investigation stage? (2) If not, will the minister explain the nature of the legal authority given to FMG and the relevant acts involved in such an authority? (3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE
AnswerView source ↗
I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(1) Does the minister’s answer to part (4) of question without notice 100 mean that FMG has been given legal authority to build a railway without needing any further lawful approvals, despite the project being at a prefeasibility investigation stage? (2) If not, will the minister explain the nature of the legal authority given to FMG and the relevant acts involved in such an authority? (3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(2) If not, will the minister explain the nature of the legal authority given to FMG and the relevant acts involved in such an authority? (3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(1) Does the minister’s answer to part (4) of question without notice 100 mean that FMG has been given legal authority to build a railway without needing any further lawful approvals, despite the project being at a prefeasibility investigation stage? (2) If not, will the minister explain the nature of the legal authority given to FMG and the relevant acts involved in such an authority? (3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(2) If not, will the minister explain the nature of the legal authority given to FMG and the relevant acts involved in such an authority? (3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(3) Will the minister clarify what specific legal impediment prevented FMG from negotiating its railway concept with any parties at such an early stage of project studies? Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
Hon KIM CHANCE replied: I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
I thank the member for some notice of this question. (1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(1) No. (2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
(2)-(3) The Railway and Port (The Pilbara Infrastructure Pty Ltd) Agreement Act 2004 addresses the requirements of section 96 of the Public Works Act 1902. The agreement also requires the company to obtain all relevant state government approvals, including environmental, native title, heritage, etc, and the minister’s approval of proposals before implementation. Further, the infrastructure agreement does not come into effect until an agreement covering the mining aspects of the project is executed.
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