Ms. Davies questions the Minister for Mines and Petroleum regarding the lack of formal guidance on exploration licences following a Mining Warden's decision, despite the Minister's awareness of the issue for 12 months. The Minister explains the limitations of the Warden's decision and ongoing departmental review.

AnsweredQoN 544Legislative Assembly
Asked
17 August 2023
Portfolio
Mines and Petroleum

QuestionView source ↗

MINING —
EXPLORATION LICENCES
544. Ms M.J. DAVIES to the Minister for Mines and Petroleum:
I have a supplementary question.
Thank you, minister. Does the minister believe it is appropriate to leave
industry without any formal guidance on this matter for more than 12 months,
especially as the minister advised 12 months ago that he was investigating this
exact issue?

AnswerView source ↗

I advised 12 months ago that the
department was looking at what advice it could properly provide, noting the
Mining Warden's decision. The warden, of course, is independent of
government. We cannot control the decision of the warden. One of the challenges
is that the warden's decision is not binding. It does not create a binding
law. If it were a judge's decision, it would be different, but because
it is a warden's decision, it is simply the opinion of the warden. The
likelihood is that other wardens will continue to follow the decision, but that
does not change the law. Whatever the law is in Western Australia now, that is
the law. There has been no change to the law of Western Australia. The
department continues to examine what response it can make to the decision of
the warden, but the one thing that we cannot do is control the warden.
The SPEAKER : That concludes
question time.

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