❓ Hon Giz Watson questions the Minister for Indigenous Affairs regarding Hope Downs and Rio Tinto's compliance with the Aboriginal Heritage Act 1972 concerning Weeli Wolli creek, specifically around section 18 applications and potential breaches related to water discharge impacts on registered and unregistered sites.
AnsweredQoN 4935Legislative Council
QuestionView source ↗
(1) What were the decisions of the ACMC and the Minister in relation to the section 18 applications associated with the sites covering Weeli Wolli creek contained within the lease held by Hope Downs and Rio Tinto?
(2) How many applications were made?
(3) Were the decisions in answer to (1), provided to the proponents prior to the commencement of works on the trenches and pipeline associated with this proposal?
(4)
If no to (3), what actions are available to the Minister and or her department in relation to the proponents breaching the
Aboriginal Heritage Act 1972?
(5) Is it the intention of the Minister to take any action against the proponent in this matter?
(6) If yes to (5), what action?
(7) If no to (5), why not?
(8) Given the impact of the sheet flow and water on registered and unregistered sites within the Weeli Wolli system between the discharge point outside of the proponents lease and the confluence of Weeli Wolli and Marillana Creek, a distance of about 12kilometres, were any section 18 applications made in respect of these areas?
(9) If no to (8), -
(a) why not;
(b) what action will the Minister take to rectify this situation; and
(c) if no application was forthcoming in respect of this area, are the proponents in breach of the
Aboriginal Heritage Act 1972
?
(10) If yes to (9)(c), what action is available, and does the Minister intend to take in respect of this breach?
(2) How many applications were made?
(3) Were the decisions in answer to (1), provided to the proponents prior to the commencement of works on the trenches and pipeline associated with this proposal?
(4)
If no to (3), what actions are available to the Minister and or her department in relation to the proponents breaching the
Aboriginal Heritage Act 1972?
(5) Is it the intention of the Minister to take any action against the proponent in this matter?
(6) If yes to (5), what action?
(7) If no to (5), why not?
(8) Given the impact of the sheet flow and water on registered and unregistered sites within the Weeli Wolli system between the discharge point outside of the proponents lease and the confluence of Weeli Wolli and Marillana Creek, a distance of about 12kilometres, were any section 18 applications made in respect of these areas?
(9) If no to (8), -
(a) why not;
(b) what action will the Minister take to rectify this situation; and
(c) if no application was forthcoming in respect of this area, are the proponents in breach of the
Aboriginal Heritage Act 1972
?
(10) If yes to (9)(c), what action is available, and does the Minister intend to take in respect of this breach?
AnswerView source ↗
Answered
14 August 2007
Responded by
Minister for Local Government representing the Minister for Indigenous Affairs
Response time
70 days
The Department of Indigenous Affairs (DIA) advises:
1. On 1 November 2006, the Aboriginal Cultural Material Committee resolved to recommend that the Minister for Indigenous Affairs grant consent to the Hope Downs Joint Venture Notice (HDJV). On 12 December 2006, the former Minister for Indigenous Affairs wrote to HDJV advising that consent had been granted.
2. One application under section 18 of the
Aboriginal Heritage Act 1972
(AHA).
3. No.
4. No actions are available as no heritage sites were disturbed. Dewatering commenced after notification by the former Minister for Indigenous Affairs.
5. No.
6. Not applicable.
7. See answer to question no 4.
8. A section 18 notice was not put forward by HDJV in respect of the areas mentioned.
9(a). Unable to comment as to why HDJV did not lodge a section 18 notice in respect of the areas mentioned.
(b). DIA is currently investigating whether there has been an offence under section 17 of the AHA.
(c). DIA is currently investigating whether there is any evidence of an offence under section 17 of the AHA.
10. If the investigation by DIA results in any evidence of an offence a prosecution brief will be forwarded to the State Solicitor's Office for advice.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
1. On 1 November 2006, the Aboriginal Cultural Material Committee resolved to recommend that the Minister for Indigenous Affairs grant consent to the Hope Downs Joint Venture Notice (HDJV). On 12 December 2006, the former Minister for Indigenous Affairs wrote to HDJV advising that consent had been granted.
2. One application under section 18 of the
Aboriginal Heritage Act 1972
(AHA).
3. No.
4. No actions are available as no heritage sites were disturbed. Dewatering commenced after notification by the former Minister for Indigenous Affairs.
5. No.
6. Not applicable.
7. See answer to question no 4.
8. A section 18 notice was not put forward by HDJV in respect of the areas mentioned.
9(a). Unable to comment as to why HDJV did not lodge a section 18 notice in respect of the areas mentioned.
(b). DIA is currently investigating whether there has been an offence under section 17 of the AHA.
(c). DIA is currently investigating whether there is any evidence of an offence under section 17 of the AHA.
10. If the investigation by DIA results in any evidence of an offence a prosecution brief will be forwarded to the State Solicitor's Office for advice.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.