❓ A WA parliamentary question regarding alleged damage by Hawthorn Resources and Gel Resources to property on Common land in the Pinjin area, and the Minister's response deferring to the Warden's Court and citing legal advice constraints.
AnsweredQoN 505Legislative Council
QuestionView source ↗
I refer to alleged extensive damage caused by Hawthorn Resources Ltd and Gel Resources Pty Ltd contractors authorised by Mr William Lloyd in the Pinjin Area to fencing, yards, water tanks, rupturing and damage to water pipes endangering the lives of Aboriginal people and contractors occupying substantial buildings on the Common number 10041, and to a letter, dated 8 November 2017, from the shire of Menzies which apparently in part states "This letter is to confirm that the Shire of Menzies regard Tisala Pty Ltd the leasee of the Pinjin Pastoral Lease as the lawful occupiers of Reserve Common 10041 which is under management order to the Shire of Menzies", and ask:
(a) will the Minister immediately, and with urgency, instruct an inspector or senior inspector under Regulation 120L of the
Mining Regulations 1981
to issue a stop work order to Hawthorn Resources Ltd to halt any further action taken by the mining company which may impact upon occupied buildings, further fencing, further yards, further water pipes or further water tanks in contravention of section 20(5) of the
Mining Act 1978
or potentially endanger the lives of residents who have reported being threatened and intimidated by the company personnel;
(b) if no to (a), why not;
(c) will the Minister and the Department of Mines Regulation Industry and Safety (DMIRS) continue to support the actions of this mining company which are allegedly in breach of section 20(5) of the
Mining Act 1978
, given the pastoral leasee's are powerless to stop them without the Minister or DMIRS enforcing the law;
(d) if yes to (c), why;
(e) if no to (c), why not;
(f) will the Minister immediately, and with urgency, instruct an inspector or senior inspector under Regulation 120L of the
Mining Regulations 1981
to issue a stop work order to Hawthorn Resources Ltd and Gel Resources Pty Ltd to stop an unexpected event taking place where the companies propose working within 100 metres of the airstrip in contravention of section 20(5)(b) of the
Mining Act 1978
;
(g) if no to (f), why not;
(h) can the Minister please state the specific section and penalty under the
Mining Act 1978
that prevents damage to fencing, yards, water tanks and pipework on the Common Number 10041 in the Pinjin area;
(i) if no to (h), why not;
(j) can the Minister please state the daily penalty for a mining company which continually breaches section 20(5)(a) to (d) of the
Mining Act 1978
;
(k) if no to (j), why not;
(l) can the Minister please state the daily penalty for a mining company which continually breaches section 20(5)(e) of the
Mining Act 1978
;
(m) if no to (l), why not;
(n) will DMIRS prosecute Hawthorn Resources Ltd and Gel Resources Pty Ltd under the
Mining Act 1978
for causing extensive damage to fencing, yards, water tanks, water tank stand, rupturing and damage to water pipes on the Reserve Common 10041; and
(o) if no to (n), why not?
(a) will the Minister immediately, and with urgency, instruct an inspector or senior inspector under Regulation 120L of the
Mining Regulations 1981
to issue a stop work order to Hawthorn Resources Ltd to halt any further action taken by the mining company which may impact upon occupied buildings, further fencing, further yards, further water pipes or further water tanks in contravention of section 20(5) of the
Mining Act 1978
or potentially endanger the lives of residents who have reported being threatened and intimidated by the company personnel;
(b) if no to (a), why not;
(c) will the Minister and the Department of Mines Regulation Industry and Safety (DMIRS) continue to support the actions of this mining company which are allegedly in breach of section 20(5) of the
Mining Act 1978
, given the pastoral leasee's are powerless to stop them without the Minister or DMIRS enforcing the law;
(d) if yes to (c), why;
(e) if no to (c), why not;
(f) will the Minister immediately, and with urgency, instruct an inspector or senior inspector under Regulation 120L of the
Mining Regulations 1981
to issue a stop work order to Hawthorn Resources Ltd and Gel Resources Pty Ltd to stop an unexpected event taking place where the companies propose working within 100 metres of the airstrip in contravention of section 20(5)(b) of the
Mining Act 1978
;
(g) if no to (f), why not;
(h) can the Minister please state the specific section and penalty under the
Mining Act 1978
that prevents damage to fencing, yards, water tanks and pipework on the Common Number 10041 in the Pinjin area;
(i) if no to (h), why not;
(j) can the Minister please state the daily penalty for a mining company which continually breaches section 20(5)(a) to (d) of the
Mining Act 1978
;
(k) if no to (j), why not;
(l) can the Minister please state the daily penalty for a mining company which continually breaches section 20(5)(e) of the
Mining Act 1978
;
(m) if no to (l), why not;
(n) will DMIRS prosecute Hawthorn Resources Ltd and Gel Resources Pty Ltd under the
Mining Act 1978
for causing extensive damage to fencing, yards, water tanks, water tank stand, rupturing and damage to water pipes on the Reserve Common 10041; and
(o) if no to (n), why not?
AnswerView source ↗
Answered
15 March 2018
Responded by
Minister for Regional Development representing the Minister for Mines and Petroleum
Response time
9 days
(b) The Minister cannot instruct an officer of the Department to issue a stop work order. A Warden’s Court has power to make orders for the cessation or suspension by any party of any mining operations. (c) These matters are currently before the Warden’s Court as the appropriate authority to determine proceedings in respect of alleged encroachment or trespass upon, or injury to, land by reason of mining. (d) Not applicable (e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(c) These matters are currently before the Warden’s Court as the appropriate authority to determine proceedings in respect of alleged encroachment or trespass upon, or injury to, land by reason of mining. (d) Not applicable (e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(d) Not applicable (e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(c) These matters are currently before the Warden’s Court as the appropriate authority to determine proceedings in respect of alleged encroachment or trespass upon, or injury to, land by reason of mining. (d) Not applicable (e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(d) Not applicable (e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(e) Not applicable (f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(f) No (g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(g) See answer (b). (h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(h) Section 20 of the Mining Act 1978 prescribes the protection of certain Crown land, which includes land reserved as Common and land leased as a pastoral lease or a lease otherwise granted for grazing purposes only. Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(i) Not applicable (j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(j) Information regarding penalties is seeking legal opinion and cannot be answered under Standing Order 105. (k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(k) Not applicable (l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(l) See answer (j). (m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(m) Not applicable (n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(n) No (o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
(o) Only a determination by the Warden’s Court (or Supreme Court) can provide a binding answer whether the area of land constitutes protected land for the purposes of section 20(5) of the Mining Act 1978 .
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