❓ The question seeks clarification on the overlap and differences between the Environmental Protection Act and the Mining Act regarding environmental objections to mining tenement applications, probing potential duplication and suggesting a streamlining of processes.
⏳ Awaiting AnswerQoN 2611Legislative Council
QuestionView source ↗
(1) I refer to the decision in
Re Calder Ex parte Cable Sands (WA) Pty Ltd
in which the Supreme Court held that mining wardens have the power to hear environmental objections when they consider whether to recommend the grant or refusal of a mining tenement and ask the Minister to distinguish any difference between the intent of the objection opportunities available under the
Environmental Protection Act
and the
Mining Act
.
(2) Does an environmental objection lodged under the
Environmental Protection Act
to an application for a mining tenement require the same objective tests to be applied as an environmental objection to an application for a mining tenement lodged under the
Mining Act
?
(3) If not, why not?
(4) Are the particular elements and standards applied to objections under the respective Acts the same?
(5) If not, what are the relevant differences?
(6) Is the Minister aware if any research having been carried out on the apparent duplication of the objection provisions in respect to mining tenement applications on environmental grounds as between the above Acts?
(7) If so, can the Minister provide relevant particulars?
(8) Does the Minister support the view that environmental objections to applications for mining tenements should be the province of the
Environmental Protection Act
and other relevant environmental based legislation and removed from the purview of the
Mining Act
?
(9) If not, why not?
Answered on
Re Calder Ex parte Cable Sands (WA) Pty Ltd
in which the Supreme Court held that mining wardens have the power to hear environmental objections when they consider whether to recommend the grant or refusal of a mining tenement and ask the Minister to distinguish any difference between the intent of the objection opportunities available under the
Environmental Protection Act
and the
Mining Act
.
(2) Does an environmental objection lodged under the
Environmental Protection Act
to an application for a mining tenement require the same objective tests to be applied as an environmental objection to an application for a mining tenement lodged under the
Mining Act
?
(3) If not, why not?
(4) Are the particular elements and standards applied to objections under the respective Acts the same?
(5) If not, what are the relevant differences?
(6) Is the Minister aware if any research having been carried out on the apparent duplication of the objection provisions in respect to mining tenement applications on environmental grounds as between the above Acts?
(7) If so, can the Minister provide relevant particulars?
(8) Does the Minister support the view that environmental objections to applications for mining tenements should be the province of the
Environmental Protection Act
and other relevant environmental based legislation and removed from the purview of the
Mining Act
?
(9) If not, why not?
Answered on
AnswerView source ↗
⏳
This question is awaiting a response from the Minister.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.