A WA parliamentary question probes the existence of mining and petroleum tenements within the proposed Horizontal Falls National and Marine Park, questioning the government's stance on existing and future tenements and environmental protection measures.

AnsweredQoN 3Legislative Council
Asked
11 April 2013
Portfolio
Mines and Petroleum

QuestionView source ↗

With regard to existing mining and petroleum tenements over the proposed ‘A’ class Horizontal Falls National Park and Marine Park area in the Kimberley region, I ask:
(a) how many mining and petroleum tenements are there that are either partially or wholly within the proposed park boundary;
(b) what are the tenure types and their status;
(c) how many applications are pending and how many have been granted, and what is the duration of those granted;
(d) will the Minister reject all current applications and revoke all existing tenements in the area;
(e) if no to (d), why not;
(f) will the Minister prevent any future mining and petroleum exploration tenements being taken out in the area;
(g) if no to (f), why not; and
(h) if no to (f), will the Minister explain how mining and petroleum tenements can exist in ‘A’ class national and marine parks without compromising the protection of this pristine natural environment?

AnswerView source ↗

Answered
11 June 2013
Responded by
Minister for Agriculture and Food representing the Minister for Mines and Petroleum
Response time
61 days
(a) There are a total of 23 mining tenements and nil petroleum
titles:
· 19 of the mining tenements partially encroach onto the proposed
Horizontal Falls National Park;
· 1 mining tenement partially encroaches onto the proposed Horizontal Falls Marine Park; and
· 3 of the mining tenements partially encroach on both the proposed
Horizontal Falls National Park and the proposed Horizontal Falls Marine
Park.
(b)-(c) All 23 mining tenements are exploration licences - 11 are
granted and 12 are pending applications, which are yet to be
determined. The duration of the granted exploration licences (unless
extended) will expire on the following dates:
E04/1266 (29 May 2013)
E04/1397 (1 July 2017)
E04/1398 (1 July 2017)
E04/1399 (1 July 2017)
E04/1400 (1 July 2017)
E04/1407 (24 October 2017)
E04/1441 (7 August 2014)
E04/1534 (31 October 2014)
E04/1852 (14 March 2015)
E04/2019 (22 January 2018)
E04/2056 (4 January 2017)
(d) No
(e) The current applications can only be terminated/refused under section
111A of the Mining Act 1978 if the Minister for Mines and Petroleum is
satisfied on reasonable grounds that it is in the public interest to
terminate/refuse the applications. With respect to the granted exploration
licences, there is no power under the Mining Act 1978 which enables me
as the Minister to revoke the grant of these exploration licences.
(f) The Minister for Mines and Petroleum may exempt land (not being
private land or land the subject of a mining tenement or application therefore)
from the provisions of the Mining Act 1978 (including the making of
mining tenement applications) if it can be demonstrated to my satisfaction as
the Minister that such exemption is warranted.
The State is unlikely to do an acreage release under the petroleum
legislation as this area is not highly prospective for petroleum.
(g) Exploration for the State's mineral and petroleum resources
governed under the State's mineral and petroleum legislation, enables the
Government to better understand the prospective natural resources within this
precinct of the State.
(h) Under the Mining Act 1978 activities that can be carried
out on mineral and petroleum tenements are subject to conditions for prevention
or reduction of injury to the land. In addition, the mineral and petroleum
legislation is subject to the Environmental Protection Act
1986 . Therefore strict environmental conditions of approval can be
applied to tenements in order to protect the environmental values in
conservation reserves.

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