Hon Robin Chapple questions the Department of Minerals and Energy's decision to pursue forfeiture proceedings against a tenement holder for allegedly breaching conditions, specifically regarding excavation without approval. The Minister clarifies the process followed under the Mining Act.

AnsweredQoN 247Legislative Council
Asked
27 September 2001
Portfolio
State Development

QuestionView source ↗

I refer to Prospecting Licence P26/1338 -
(1) Can the Minister explain why a decision was made by the Department of Minerals and Energy to pursue the tenement holder on P26/1338 for an alleged breach of tenement conditions and then institute forfeiture proceedings?
(2) If not, why not?
(3) Can the Minister explain by what process or the mechanisms under the
Mining Act
or other enabled the Department of Minerals and Energy to implement forfeiture proceedings before it appeared in the
Gazette
on July 11 1997?
(4) If not, why not?

AnswerView source ↗

Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
146 days
(1) This answer is provided on the basis that the tenement concerned is P29/1318 and not P26/1338 as referred to in the question. A tenement condition was breached when a substantial excavation was made using a bulldozer and an excavator before the District Mining Engineer's approval was obtained. (2) Not applicable. (3) An application for forfeiture in accordance with section 96(1) and regulation 49 of the Mining Act 1978 and Regulations was made to the warden by the Mining Registrar. (4) Not applicable.
A tenement condition was breached when a substantial excavation was made using a bulldozer and an excavator before the District Mining Engineer's approval was obtained. (2) Not applicable. (3) An application for forfeiture in accordance with section 96(1) and regulation 49 of the Mining Act 1978 and Regulations was made to the warden by the Mining Registrar. (4) Not applicable.
(2) Not applicable. (3) An application for forfeiture in accordance with section 96(1) and regulation 49 of the Mining Act 1978 and Regulations was made to the warden by the Mining Registrar. (4) Not applicable.
(3) An application for forfeiture in accordance with section 96(1) and regulation 49 of the Mining Act 1978 and Regulations was made to the warden by the Mining Registrar. (4) Not applicable.
(4) Not applicable.

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