❓ A WA parliamentary question regarding access to a mining tenement report (Form 27) and the legal basis for its denial, specifically concerning the Mountain Queen mining tenement. The response clarifies the legal constraints and the consultation with Sons of Gwalia Ltd.
AnsweredQoN 1152Legislative Council
QuestionView source ↗
MOUNTAIN QUEEN MINING TENEMENT, FORM 27
(1) What section of the Mining Regulations did the Crown Solicitor rely on when he advised the director general of the Department of Mineral and Petroleum Resources to refuse me access to copies of the Form 27 relevant to the Mountain Queen mining tenement at Marvel Loch in the Yilgarn goldfield, tenement number M77/112, when Mr Murphy was a significant party in the joint venture at the relevant time? (2) If he relied on some authority other than the Mining Regulations under the Mining Act, what was his authority? (3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH
(1) What section of the Mining Regulations did the Crown Solicitor rely on when he advised the director general of the Department of Mineral and Petroleum Resources to refuse me access to copies of the Form 27 relevant to the Mountain Queen mining tenement at Marvel Loch in the Yilgarn goldfield, tenement number M77/112, when Mr Murphy was a significant party in the joint venture at the relevant time? (2) If he relied on some authority other than the Mining Regulations under the Mining Act, what was his authority? (3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH
AnswerView source ↗
I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(2) If he relied on some authority other than the Mining Regulations under the Mining Act, what was his authority? (3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(2) If he relied on some authority other than the Mining Regulations under the Mining Act, what was his authority? (3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(3) Why was Sons of Gwalia Ltd consulted about the release of copies of the Form 27? Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
Hon LJILJANNA RAVLICH replied: I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
I provide this answer on behalf of the parliamentary secretary representing the Minister for State Development. (1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(1)-(2) The minister has advised that section 162(2)(x) of the Mining Act 1978 allows the making of a regulation to release reports received by the department. Regulation 96 deals with the release of information contained in reports. The production report - Form 27 - is not covered by that regulation. Therefore, there is no provision under the Mining Regulations 1981 that authorises the release of this information. (3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
(3) Sons of Gwalia Ltd was consulted because it is the current tenement holder. It has consented to the department providing copies of the reports to Mr Michael Murphy on the express condition that the reports are not to be disclosed to any other party, other than to Mr Murphy’s solicitors.
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