❓ Hon Robin Chapple questions the Minister for State Development regarding the validity of 'no mining' conditions on mining leases, referencing a court case and seeking action. The Minister acknowledges the issue and refers to a review process.
AnsweredQoN 318Legislative Council
QuestionView source ↗
(1) Is the Minister aware that the validity of mining leases with the standard no mining condition was challenged in
Serpentine-Jarrahdale Residents and Ratepayers Association Inc v Minister for Mines
[2001] WASC 203?
(2) Does the Minister agree that the standard no mining condition is of questionable validity?
(3) What, if anything, does the Minister intend to do about this issue?
Serpentine-Jarrahdale Residents and Ratepayers Association Inc v Minister for Mines
[2001] WASC 203?
(2) Does the Minister agree that the standard no mining condition is of questionable validity?
(3) What, if anything, does the Minister intend to do about this issue?
AnswerView source ↗
Answered
12 December 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
15 days
(1) Yes. However, the decision in that case did not address that issue. (2) The validity of the condition is ultimately a matter for the Courts to decide. If its validity was challenged the Minister for State Development would defend it. (3) It is proposed to address this particular issue as part of the consideration of a number of issues raised in the Keating Report on the Review of the Project Development Approvals System. In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
(2) The validity of the condition is ultimately a matter for the Courts to decide. If its validity was challenged the Minister for State Development would defend it. (3) It is proposed to address this particular issue as part of the consideration of a number of issues raised in the Keating Report on the Review of the Project Development Approvals System. In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
(3) It is proposed to address this particular issue as part of the consideration of a number of issues raised in the Keating Report on the Review of the Project Development Approvals System. In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
(2) The validity of the condition is ultimately a matter for the Courts to decide. If its validity was challenged the Minister for State Development would defend it. (3) It is proposed to address this particular issue as part of the consideration of a number of issues raised in the Keating Report on the Review of the Project Development Approvals System. In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
(3) It is proposed to address this particular issue as part of the consideration of a number of issues raised in the Keating Report on the Review of the Project Development Approvals System. In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
In Chapter 5 of that Report reference is made to the legal doubts raised about the validity of granting a mining lease with conditions that seek to make mining a conditional right subject to the subsequent approval of the State Mining Engineer, following the submission of a Notice of Intent.
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