A parliamentary question regarding a potential breach of mining lease conditions due to vegetation clearing near residential properties. The Minister responded that the clearing was for fire prevention and not considered a mining operation, therefore no breach occurred.

AnsweredQoN 255Legislative Council
Asked
27 September 2001
Portfolio
State Development

QuestionView source ↗

I refer to a incident which I understand occurred on or about November 14 2000 on Mining Lease 26/353 where a bobcat was operating pushing earth, soil and clearing vegetation within 100 metres of 30 Brownhill Road and 39 Brownhill Road without the written consent of the property occupiers -
(1) Have the holders/operators of Mining Lease 26/353 breached condition number 6 on the Mining Lease?
(2) If not, why not?
(3) If so, will the Minister or the Department issue forfeiture proceedings and impose a fine?
(4) Can the Minister state what is the maximum penalty or fine which can be imposed on the tenement holders for breaching any condition on Mining Lease 26/353?
(5) If not, why not?

AnswerView source ↗

Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
146 days
(1) No. (2) The operations using a bobcat on 14 November 2000 within 100 metres of 30 and 39 Brownhill Road was for the purpose of clearing vegetation to maintain a firebreak along and inside KCGM's safety fence line to protect its and any adjoining property from possible fires and as a general safety initiative. These operations were not considered to be mining operations. (3) Not applicable. (4) The maximum penalty or fine that can be imposed on a mining lease for a breach of condition is forfeiture or a fine not exceeding $5,000. (5) Not applicable.
(2) The operations using a bobcat on 14 November 2000 within 100 metres of 30 and 39 Brownhill Road was for the purpose of clearing vegetation to maintain a firebreak along and inside KCGM's safety fence line to protect its and any adjoining property from possible fires and as a general safety initiative. These operations were not considered to be mining operations. (3) Not applicable. (4) The maximum penalty or fine that can be imposed on a mining lease for a breach of condition is forfeiture or a fine not exceeding $5,000. (5) Not applicable.
(3) Not applicable. (4) The maximum penalty or fine that can be imposed on a mining lease for a breach of condition is forfeiture or a fine not exceeding $5,000. (5) Not applicable.
(4) The maximum penalty or fine that can be imposed on a mining lease for a breach of condition is forfeiture or a fine not exceeding $5,000. (5) Not applicable.
(5) Not applicable.

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