❓ A WA parliamentary question seeks details on mining tenement holders fined for non-compliance, specifically regarding vegetation clearing and breaches of tenement conditions, and also raises concerns about unauthorized information disclosure within the Department of Mines and Petroleum.
AnsweredQoN 2Legislative Council
QuestionView source ↗
With reference to the Department of Mines and Petroleum Environment eNewsletter titled 'Non Compliance costs over $100,000', I ask:
(a) can the Minister state the names of all the tenement holders who have been issued with fines for failing to comply with tenement conditions;
(b) if no to (a), why not;
(c) can the Minister state how many tenement holders were fined for clearing vegetation outside of the approved operating areas;
(d) if no to (c), why not;
(e) can the Minister state how many hectares of land in each respective case for each tenement was cleared to warrant a fine being issued for ground clearing and vegetation outside of approved operating areas;
(f) if no to (e), why not;
(g) can the Minister quote the text of the specific tenement condition, including the tenement number which was breached to warrant over $100,000 of fines being issued to tenement holders;
(h) if no to (g), why not;
(i) can the Minister give the precise amount of fines issued for non-compliance matters;
(j) if no to (i), why not;
(k) can the Minister quote the sections of the
Mining Act 1978
or any other acts which may be applicable including any penalty which may be imposed for any officer/employee unlawfully releasing/disclosing information obtained while working within the department; and
(l) with reference to the above media statement, dated 3 October 2008, can the Minister also state what specific measures have been in place since that date by the DMP to ensure no unauthorised confidential information is being released by Nick Galton Fenzi or other departmental staff to a senior former DMP employee Ms Janine Cameron who also works for KCGM, Barrick and Newmont?
(a) can the Minister state the names of all the tenement holders who have been issued with fines for failing to comply with tenement conditions;
(b) if no to (a), why not;
(c) can the Minister state how many tenement holders were fined for clearing vegetation outside of the approved operating areas;
(d) if no to (c), why not;
(e) can the Minister state how many hectares of land in each respective case for each tenement was cleared to warrant a fine being issued for ground clearing and vegetation outside of approved operating areas;
(f) if no to (e), why not;
(g) can the Minister quote the text of the specific tenement condition, including the tenement number which was breached to warrant over $100,000 of fines being issued to tenement holders;
(h) if no to (g), why not;
(i) can the Minister give the precise amount of fines issued for non-compliance matters;
(j) if no to (i), why not;
(k) can the Minister quote the sections of the
Mining Act 1978
or any other acts which may be applicable including any penalty which may be imposed for any officer/employee unlawfully releasing/disclosing information obtained while working within the department; and
(l) with reference to the above media statement, dated 3 October 2008, can the Minister also state what specific measures have been in place since that date by the DMP to ensure no unauthorised confidential information is being released by Nick Galton Fenzi or other departmental staff to a senior former DMP employee Ms Janine Cameron who also works for KCGM, Barrick and Newmont?
AnswerView source ↗
Answered
18 June 2013
Responded by
Minister for Agriculture and Food representing the Minister for Mines and Petroleum
Response time
68 days
(a) Achillies Pty Ltd
Boral Resources (WA) Ltd
Doral Mineral Sands Pty Ltd
Elazac Mining Pty Ltd
KBL Mining Ltd
Peak Hill Manganese Pty Ltd
Pilbara Manganese Pty Ltd
Stirling Bay Holdings Pty Ltd
Swan Bay Holdings Pty Ltd
Sweetman Industries Pty Ltd
Plant Hire Services Pty Ltd
Ross and Judi Grant
Guiseppe, Steven Joseph and Pamela Rocca
(b) Not applicable
(c) 10
(d) Not applicable
(e) 30 ha, 3.1 ha, 11.7 ha, 30.45 ha, 1.862 ha, 8.5 ha, 24.1 ha, 2.18 ha,
1.14 ha, 0.0072 ha
(f) Not applicable
(g) M70/887
Condition 5
"Unless the written approval of the Environmental Officer, DoIR, is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface clearing or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 6
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DoIR, for assessment; and until his written approval has been
obtained."
M52/806
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M70/652
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DoIR for assessment; and until his written approval has been
obtained."
Condition 35
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
M45/638
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
M45/639
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
Condition 11
'The construction and operation of the project and measures to protect the
environment being carried out generally in accordance with the document titled:
Letter and attached documentation dated 13 February 2012 signed by Enrico
Chedid titled: 'Woodie Woodie Manganese Operations, Parrot Pit Mining Proposal
Reg. ID 33104" and retained on Department of Mines and Petroleum file No,
EARS-MP-33104."
M45/430
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained. "
Condition 9
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Mining Proposal for Sardine Project Woodie Woodie Manganese
Operations East Pilbara, Western Australia" (Reg ID: 29075) dated 26
November 2010 signed by Norman Galli, Environmental manager Consolidated
Minerals Pty Ltd and retained on Department of Mines and Petroleum "File No. EARS-MP-29075."
M45/640
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
Condition 9
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Mining Proposal for Sardine Project Woodie Woodie Manganese
Operations East Pilbara, Western Australia" (Reg ID: 29075) dated 26
November 2010 signed by Norman Galli, Environmental manager Consolidated
Minerals Pty Ltd and retained on Department of Mines and Petroleum "File
No. EARS-MP-29075."
M09/130
Condition 6
"The lessee submitting a plan of proposed operations and measures to
safeguard the environment to the Director, Environment, DolR for his assessment
and written approval prior to commencing any developmental or productive mining
or construction activity."
M45/1186
Condition 18
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
E47/574
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M47/1418
Condition 10
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: (Reg. ID: 30731) "Quarrying and Crushing Project Mt Regal-
M47/1418" dated 8 June 2011 signed by David Lynch and retained on
Department of Mines and Petroleum file no. EARS-MP-30731."
M80/572
Condition 26
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
M15/444
Condition 14
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DoIR for his assessment and until his written approval
to proceed has been obtained."
M47/293
Condition 3
"All surface holes drilled for the purpose of exploration are to be
capped, filled or otherwise made safe after completion."
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M47/226
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M80/197
Condition 16
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Programme of Work on M80/197 for Kimberley Metals Limited"
(Reg ID 27317) dated 9 June 2010 signed by Stuart Mathews and retained on
Department of Mines and Petroleum File No. T0529/20090.1."
(h) Not applicable
(i) $157 000.
(j) Not applicable
(k) Refer to answer to Parliamentary Question 7.
(l) Refer to answer to Parliamentary Question 7.
Boral Resources (WA) Ltd
Doral Mineral Sands Pty Ltd
Elazac Mining Pty Ltd
KBL Mining Ltd
Peak Hill Manganese Pty Ltd
Pilbara Manganese Pty Ltd
Stirling Bay Holdings Pty Ltd
Swan Bay Holdings Pty Ltd
Sweetman Industries Pty Ltd
Plant Hire Services Pty Ltd
Ross and Judi Grant
Guiseppe, Steven Joseph and Pamela Rocca
(b) Not applicable
(c) 10
(d) Not applicable
(e) 30 ha, 3.1 ha, 11.7 ha, 30.45 ha, 1.862 ha, 8.5 ha, 24.1 ha, 2.18 ha,
1.14 ha, 0.0072 ha
(f) Not applicable
(g) M70/887
Condition 5
"Unless the written approval of the Environmental Officer, DoIR, is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface clearing or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 6
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DoIR, for assessment; and until his written approval has been
obtained."
M52/806
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M70/652
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DoIR for assessment; and until his written approval has been
obtained."
Condition 35
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
M45/638
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
M45/639
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
Condition 11
'The construction and operation of the project and measures to protect the
environment being carried out generally in accordance with the document titled:
Letter and attached documentation dated 13 February 2012 signed by Enrico
Chedid titled: 'Woodie Woodie Manganese Operations, Parrot Pit Mining Proposal
Reg. ID 33104" and retained on Department of Mines and Petroleum file No,
EARS-MP-33104."
M45/430
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained. "
Condition 9
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Mining Proposal for Sardine Project Woodie Woodie Manganese
Operations East Pilbara, Western Australia" (Reg ID: 29075) dated 26
November 2010 signed by Norman Galli, Environmental manager Consolidated
Minerals Pty Ltd and retained on Department of Mines and Petroleum "File No. EARS-MP-29075."
M45/640
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
Condition 7
"No developmental or productive mining or construction activity being
commenced until the tenement holder has submitted a plan of the proposed
operations and measures to safeguard the environment to the Director,
Environment, DolR for assessment; and until his written approval has been
obtained."
Condition 9
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Mining Proposal for Sardine Project Woodie Woodie Manganese
Operations East Pilbara, Western Australia" (Reg ID: 29075) dated 26
November 2010 signed by Norman Galli, Environmental manager Consolidated
Minerals Pty Ltd and retained on Department of Mines and Petroleum "File
No. EARS-MP-29075."
M09/130
Condition 6
"The lessee submitting a plan of proposed operations and measures to
safeguard the environment to the Director, Environment, DolR for his assessment
and written approval prior to commencing any developmental or productive mining
or construction activity."
M45/1186
Condition 18
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
E47/574
Condition 5
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval, all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M47/1418
Condition 10
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: (Reg. ID: 30731) "Quarrying and Crushing Project Mt Regal-
M47/1418" dated 8 June 2011 signed by David Lynch and retained on
Department of Mines and Petroleum file no. EARS-MP-30731."
M80/572
Condition 26
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DMP for his assessment and until his written approval to
proceed has been obtained."
M15/444
Condition 14
"Any alteration or expansion of operations within the lease boundaries
beyond that outlined in the above document(s) not commencing until a plan of
operations and a programme to safeguard the environment are submitted to the
Director, Environment, DoIR for his assessment and until his written approval
to proceed has been obtained."
M47/293
Condition 3
"All surface holes drilled for the purpose of exploration are to be
capped, filled or otherwise made safe after completion."
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M47/226
Condition 6
"Unless the written approval of the Environmental Officer, DolR is
first obtained, the use of scrapers, graders, bulldozers, backhoes or other
mechanised equipment for surface disturbance or the excavation of costeans is
prohibited. Following approval all topsoil being removed ahead of mining
operations and separately stockpiled for replacement after backfilling and/or
completion of operations."
M80/197
Condition 16
"The construction and operation of the project and measures to protect
the environment being carried out generally in accordance with the document
titled: "Programme of Work on M80/197 for Kimberley Metals Limited"
(Reg ID 27317) dated 9 June 2010 signed by Stuart Mathews and retained on
Department of Mines and Petroleum File No. T0529/20090.1."
(h) Not applicable
(i) $157 000.
(j) Not applicable
(k) Refer to answer to Parliamentary Question 7.
(l) Refer to answer to Parliamentary Question 7.
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