❓ Hon George Cash asked about litigation involving the Department of Industry and Resources from 2001-2003. The answer details numerous court cases across mineral titles, petroleum, mine safety, dangerous goods, and other areas.
AnsweredQoN 617Legislative Council
QuestionView source ↗
(b) 2002; or (c) 2003?
(c) 2003?
(c) 2003?
AnswerView source ↗
Answered
7 May 2003
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
36 days
(1) (a) Yes (b) Yes (c) Yes (2) The Department of Industry and Resources does not maintain a database of Court actions across all its Divisions, however a search of its records reveals the following litigation for the years 2001, 2002 and 2003. Mineral Titles · One (1) High Court Case – Bronzewing tenement dispute;· Seven (7) Supreme Court cases; · Three (3) cases involving the grant of mining tenements,· One (1) case claiming damages as a result of a stop work order,· One (1) case concerning the Karpa Springs Criminal Appeal,· One (1) case concerning the grant of a mining lease over the Ellendale diamond prospect,· One (1) case between the State and the commonwealth over mineral rights on Commonwealth land in the Lancelin army area;· Twenty-three (23) Petty Sessions cases involving prosecution of offences against the Mining Act; · Nine (9) Warden's Court cases seeking orders that the Department remove Form 5 expenditure information from the tenement register; and · Forty-one (41) Native Title land claim cases involving mining tenements and Native Title Act processes. Petroleum Matters · One (1) Federal Court case – a petroleum unitisation agreement (Minister as Second Respondent);· One (1) prosecution for an oil spill off Varanus Island;· One (1) prosecution relating to a fire and flashback on a petroleum platform. Mines Safety · Twelve (12) prosecutions under the Mines Safety Inspection Act, Mines Regulations Act or supporting Regulations. Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
(2) The Department of Industry and Resources does not maintain a database of Court actions across all its Divisions, however a search of its records reveals the following litigation for the years 2001, 2002 and 2003. Mineral Titles · One (1) High Court Case – Bronzewing tenement dispute;· Seven (7) Supreme Court cases; · Three (3) cases involving the grant of mining tenements,· One (1) case claiming damages as a result of a stop work order,· One (1) case concerning the Karpa Springs Criminal Appeal,· One (1) case concerning the grant of a mining lease over the Ellendale diamond prospect,· One (1) case between the State and the commonwealth over mineral rights on Commonwealth land in the Lancelin army area;· Twenty-three (23) Petty Sessions cases involving prosecution of offences against the Mining Act; · Nine (9) Warden's Court cases seeking orders that the Department remove Form 5 expenditure information from the tenement register; and · Forty-one (41) Native Title land claim cases involving mining tenements and Native Title Act processes. Petroleum Matters · One (1) Federal Court case – a petroleum unitisation agreement (Minister as Second Respondent);· One (1) prosecution for an oil spill off Varanus Island;· One (1) prosecution relating to a fire and flashback on a petroleum platform. Mines Safety · Twelve (12) prosecutions under the Mines Safety Inspection Act, Mines Regulations Act or supporting Regulations. Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
Mineral Titles · One (1) High Court Case – Bronzewing tenement dispute;· Seven (7) Supreme Court cases; · Three (3) cases involving the grant of mining tenements,· One (1) case claiming damages as a result of a stop work order,· One (1) case concerning the Karpa Springs Criminal Appeal,· One (1) case concerning the grant of a mining lease over the Ellendale diamond prospect,· One (1) case between the State and the commonwealth over mineral rights on Commonwealth land in the Lancelin army area;· Twenty-three (23) Petty Sessions cases involving prosecution of offences against the Mining Act; · Nine (9) Warden's Court cases seeking orders that the Department remove Form 5 expenditure information from the tenement register; and · Forty-one (41) Native Title land claim cases involving mining tenements and Native Title Act processes. Petroleum Matters · One (1) Federal Court case – a petroleum unitisation agreement (Minister as Second Respondent);· One (1) prosecution for an oil spill off Varanus Island;· One (1) prosecution relating to a fire and flashback on a petroleum platform. Mines Safety · Twelve (12) prosecutions under the Mines Safety Inspection Act, Mines Regulations Act or supporting Regulations. Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
(2) The Department of Industry and Resources does not maintain a database of Court actions across all its Divisions, however a search of its records reveals the following litigation for the years 2001, 2002 and 2003. Mineral Titles · One (1) High Court Case – Bronzewing tenement dispute;· Seven (7) Supreme Court cases; · Three (3) cases involving the grant of mining tenements,· One (1) case claiming damages as a result of a stop work order,· One (1) case concerning the Karpa Springs Criminal Appeal,· One (1) case concerning the grant of a mining lease over the Ellendale diamond prospect,· One (1) case between the State and the commonwealth over mineral rights on Commonwealth land in the Lancelin army area;· Twenty-three (23) Petty Sessions cases involving prosecution of offences against the Mining Act; · Nine (9) Warden's Court cases seeking orders that the Department remove Form 5 expenditure information from the tenement register; and · Forty-one (41) Native Title land claim cases involving mining tenements and Native Title Act processes. Petroleum Matters · One (1) Federal Court case – a petroleum unitisation agreement (Minister as Second Respondent);· One (1) prosecution for an oil spill off Varanus Island;· One (1) prosecution relating to a fire and flashback on a petroleum platform. Mines Safety · Twelve (12) prosecutions under the Mines Safety Inspection Act, Mines Regulations Act or supporting Regulations. Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
Mineral Titles · One (1) High Court Case – Bronzewing tenement dispute;· Seven (7) Supreme Court cases; · Three (3) cases involving the grant of mining tenements,· One (1) case claiming damages as a result of a stop work order,· One (1) case concerning the Karpa Springs Criminal Appeal,· One (1) case concerning the grant of a mining lease over the Ellendale diamond prospect,· One (1) case between the State and the commonwealth over mineral rights on Commonwealth land in the Lancelin army area;· Twenty-three (23) Petty Sessions cases involving prosecution of offences against the Mining Act; · Nine (9) Warden's Court cases seeking orders that the Department remove Form 5 expenditure information from the tenement register; and · Forty-one (41) Native Title land claim cases involving mining tenements and Native Title Act processes. Petroleum Matters · One (1) Federal Court case – a petroleum unitisation agreement (Minister as Second Respondent);· One (1) prosecution for an oil spill off Varanus Island;· One (1) prosecution relating to a fire and flashback on a petroleum platform. Mines Safety · Twelve (12) prosecutions under the Mines Safety Inspection Act, Mines Regulations Act or supporting Regulations. Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
Dangerous Goods Safety · Two (2) prosecutions for two breaches of the Explosives and Dangerous Goods Act 1961, Section 30A – Failure to obtain a fireworks display permit;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(1) – Non-compliant storage of explosives;· One (1) prosecution for breach of the Explosives and Dangerous Goods Act 1961, Section 24(3) – Possessing explosives without authority;· One (1) prosecution for breach of the Dangerous Goods (Transport) Act 1998/Dangerous Goods (Transport) (Road and Rail) Regulations 1999, Section 34(1) – Failure to use a licensed vehicle and Regulation 11.3(1) – Failure to provide shipping documentation;· One (1) prosecution for ten breaches of the Explosives and Dangerous Goods Act 1961 for incorrect storage of dangerous goods. Other · Two (2) Writs against the Department seeking compensation and damages. (one discontinued);· One (1) Supreme Court case involving an asbestos related injury claim. (Minister for Mines as a third party).
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