❓ A WA parliamentary question on notice regarding alleged unauthorized vegetation clearing and bore construction by KCGM, focusing on compliance with the Environmental Protection Act 1986 and the roles of DEC and DMP. The response indicates ongoing investigations and clarifies departmental responsibilities.
AnsweredQoN 2393Legislative Council
QuestionView source ↗
I refer to question on notice No. 2007 of 23 March 2010, photographs taken on 21 January 2010, depicting clearing of vegetation and construction of bores undertaken with exploration equipment available for viewing at www.mp.wa.gov.au/rchapple/Kaltails, a document dated 3 December 2009 entitled, ‘KCGM Mining Proposal and Works Approval Application’, a media statement dated 1 May 2005 entitled, ‘Unauthorised native vegetation clearing conviction’, and another dated 30 November 2009 entitled ‘illegal land clearers fined $10000 each’, and I ask -
(1) In relation to the answer for question on notice No. 2007, part four, on what date did the investigation commence, and why was investigation not completed on 21 April 2010?
(2) Did the Department of Environment and Conservation (DEC) provide written permission to clear and damage vegetation in the vicinity of the monitoring bores, as shown on page 44 of the document dated 3 December 2009 referred to above?
(3) If no to (2), why not?
(4) If yes to (2), will the Minister state the date it was given table a copy of the letter or permit of authorisation from the DEC?
(5) Have KCGM employees/contractors breached sections 51 C, 99Q or any other sections of the
Environmental Protection Act 1986
in clearing and damaging vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(6) If yes to (5), what options are available to the Minister and the Department with regards to KCGM?
(7) In relation to the answer for question on notice No. 2007, part (12), what impacts might any ‘residual cyanide’ cause, with regards to processes at the Fimiston Mill?
(8) In relation to the answer for question on notice No. 2007, part four on what date did the delegation to the Department of Mines and Petroleum of clearing permit applications, including also investigating unlawful clearing for mining and petroleum activities, take place?
(9) In relation to the answer for question on notice No. 2007, part four what triggered the commencement of the investigation?
(1) In relation to the answer for question on notice No. 2007, part four, on what date did the investigation commence, and why was investigation not completed on 21 April 2010?
(2) Did the Department of Environment and Conservation (DEC) provide written permission to clear and damage vegetation in the vicinity of the monitoring bores, as shown on page 44 of the document dated 3 December 2009 referred to above?
(3) If no to (2), why not?
(4) If yes to (2), will the Minister state the date it was given table a copy of the letter or permit of authorisation from the DEC?
(5) Have KCGM employees/contractors breached sections 51 C, 99Q or any other sections of the
Environmental Protection Act 1986
in clearing and damaging vegetation in the vicinity of the monitoring bores as shown on page 44 of the document dated 3 December 2009 referred to above?
(6) If yes to (5), what options are available to the Minister and the Department with regards to KCGM?
(7) In relation to the answer for question on notice No. 2007, part (12), what impacts might any ‘residual cyanide’ cause, with regards to processes at the Fimiston Mill?
(8) In relation to the answer for question on notice No. 2007, part four on what date did the delegation to the Department of Mines and Petroleum of clearing permit applications, including also investigating unlawful clearing for mining and petroleum activities, take place?
(9) In relation to the answer for question on notice No. 2007, part four what triggered the commencement of the investigation?
AnswerView source ↗
Answered
22 June 2010
Responded by
Minister for Environment
Response time
47 days
(1) The investigation commenced on 5 February 2010 and is continuing. Whilst there is no statute of limitations to commence prosecution action under section 51C of the
Environmental Protection Act 1986
, I am advised that investigations are completed as expeditiously as possible.
(2) No.
(3)-(4) The Department of Environment and Conservation informs me that it has not received an application to clear native vegetation under the
Environmental Protection Act 1986
in the vicinity of the monitoring bores.
(5) The matter is currently under investigation.
(6) A range of sanctions is available to the Department of Environment and Conservation as detailed in its Enforcement and Prosecution Policy (May 2008).
(7) The impacts of residual cyanide on the processes at the Fimiston Mill relate to ore processing efficiency and as such are beyond the scope of the
Environmental Protection Act 1986.
(8) 1 July 2005.
(9) The Department of Mines and Petroleum advised that the investigation was triggered by two letters sent to the Minister for Mines and Petroleum alleging that KCGM had installed a series of monitoring bores prior to receiving approval under the
Mining Act 1978
. The Department of Mines and Petroleum is investigating the allegation.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Environmental Protection Act 1986
, I am advised that investigations are completed as expeditiously as possible.
(2) No.
(3)-(4) The Department of Environment and Conservation informs me that it has not received an application to clear native vegetation under the
Environmental Protection Act 1986
in the vicinity of the monitoring bores.
(5) The matter is currently under investigation.
(6) A range of sanctions is available to the Department of Environment and Conservation as detailed in its Enforcement and Prosecution Policy (May 2008).
(7) The impacts of residual cyanide on the processes at the Fimiston Mill relate to ore processing efficiency and as such are beyond the scope of the
Environmental Protection Act 1986.
(8) 1 July 2005.
(9) The Department of Mines and Petroleum advised that the investigation was triggered by two letters sent to the Minister for Mines and Petroleum alleging that KCGM had installed a series of monitoring bores prior to receiving approval under the
Mining Act 1978
. The Department of Mines and Petroleum is investigating the allegation.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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