Hon Robin Chapple raises concerns about pollution from Fimiston tailings dams affecting Mr. Steve Kean's tenements. The Minister declines a full investigation, stating the State Mining Engineer is addressing immediate safety risks, but not wider contamination issues, and Mr. Kean hasn't responded to requests for specific safety concerns.

AnsweredQoN 970Legislative Council
Asked
27 June 2003
Portfolio
State Development

QuestionView source ↗

I refer to a letter which I understand is dated 13 March 2003 from Mr Steve Kean of Optimum Resources titled ‘Pollution Leakage and Seepage of mine water and pollutants from Fimiston I and Fimiston II tailings dams onto P26/1848 and P26/1858’ and a letter dated 25 March 2003 from Mr Tony Cooke addressed to Mr Jim Limerick, Director General of Department of Mineral and Petroleum Resources concerning Mr Kean’s letter dated 13 March 2003.
Given that part of the letter dated 25 March 2003 states ‘I believe Mr Kean has some very valid complaints and over the last 10 years has not always received the appropriate regulatory support from your Department. Mr Kean has a lot documentation to support his claims of contamination of the groundwater on his tenement, rising ground water levels, environmental damage etc. Mr Kean has sourced most of these documents from your Department, the Department of Environmental Protection through the FOI process and several other sources. I believe an appropriate senior officer within your Department should carefully review Mr Kean’s extensive documentation and evidence supporting his complaints with a view to finding a suitable resolution to his case’ -
(1) Will the Minister request that the State Mining Engineer investigate all of Mr Kean’s evidence in Kalgoorlie with Mr Tony Cooke present as outlined in his letter dated 13 March 2003 with a view to enforcing legislation which is part of the Department’s obligations and responsibilities?
(2) If no to (1) why not?

AnswerView source ↗

Answered
9 September 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
74 days
1. No. 2. In response to the specific complaint and request by Mr Kean in his letter of 13 March 2003, which states in part: “I wish to make it clear that, as a result of KCGM’s operations, they are causing dangerous and unsafe working conditions to prevail on P26/1848 and P26/1858 contrary to the laws of protection. In order to clearly understand and evidence this I request that the State Mining Engineer, himself, visit Kalgoorlie.” The Director General of the Department of Industry and Resources replied to Mr Kean in a letter dated 9 April 2003: “However, I am concerned at your assertion in the letter that there are ‘dangerous and unsafe working conditions’ prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’. I have asked the State Mining Engineer to personally ensure that there is no risk to any person on those tenements. I will not ask him, though, to investigate the wider issues which Mr Cooke is investigating.” In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
2. In response to the specific complaint and request by Mr Kean in his letter of 13 March 2003, which states in part: “I wish to make it clear that, as a result of KCGM’s operations, they are causing dangerous and unsafe working conditions to prevail on P26/1848 and P26/1858 contrary to the laws of protection. In order to clearly understand and evidence this I request that the State Mining Engineer, himself, visit Kalgoorlie.” The Director General of the Department of Industry and Resources replied to Mr Kean in a letter dated 9 April 2003: “However, I am concerned at your assertion in the letter that there are ‘dangerous and unsafe working conditions’ prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’. I have asked the State Mining Engineer to personally ensure that there is no risk to any person on those tenements. I will not ask him, though, to investigate the wider issues which Mr Cooke is investigating.” In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
“I wish to make it clear that, as a result of KCGM’s operations, they are causing dangerous and unsafe working conditions to prevail on P26/1848 and P26/1858 contrary to the laws of protection. In order to clearly understand and evidence this I request that the State Mining Engineer, himself, visit Kalgoorlie.” The Director General of the Department of Industry and Resources replied to Mr Kean in a letter dated 9 April 2003: “However, I am concerned at your assertion in the letter that there are ‘dangerous and unsafe working conditions’ prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’. I have asked the State Mining Engineer to personally ensure that there is no risk to any person on those tenements. I will not ask him, though, to investigate the wider issues which Mr Cooke is investigating.” In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
The Director General of the Department of Industry and Resources replied to Mr Kean in a letter dated 9 April 2003: “However, I am concerned at your assertion in the letter that there are ‘dangerous and unsafe working conditions’ prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’. I have asked the State Mining Engineer to personally ensure that there is no risk to any person on those tenements. I will not ask him, though, to investigate the wider issues which Mr Cooke is investigating.” In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
“However, I am concerned at your assertion in the letter that there are ‘dangerous and unsafe working conditions’ prevailing on P26/1848 and P26/1858 ‘contrary to the laws of protection’. I have asked the State Mining Engineer to personally ensure that there is no risk to any person on those tenements. I will not ask him, though, to investigate the wider issues which Mr Cooke is investigating.” In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
In response to a further letter from Mr Kean, dated 22 April 2003 in which he sought clarification as to: “… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
“… whether the State Mining Engineer will be contacting me personally to with a view to investigating the current breaches of statutory legislation (sic) administered by your department concerning Kalgoorlie Consolidated Gold Mines Pty Ltd as outlined in my letter dated 13 March 2003.” The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
The Director General replied in a letter dated 28 April 2003: “The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
“The State Mining Engineer has been requested to deal with any current issues associated with imminent harm to persons presently working on the tenements you have identified as being subject to “dangerous and unsafe working conditions” (P26/1848 and P26/1858). These matters would necessarily be dealt with under the terms of the Mines Safety and Inspection Act 1994 and would be limited to current safety issues affecting persons actually carrying out work on the tenements in question. Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
Would you please notify the State Mining Engineer in writing of the specific dangerous and unsafe working conditions that exist in order that the matter be progressed.” The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
The Minister for State Development has been advised that (to date) Mr Kean has not responded. Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.
Should there be any current issues associated with imminent harm to persons presently working on the tenements in question, employees and/or self-employed persons would have recourse to the mines safety inspectorate in Kalgoorlie and Mr Kean himself has been invited to advise the State Mining Engineer of the specific source(s) of concern.

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