❓ A WA parliamentary question on notice addresses potential duplication and inconsistencies between the Environmental Protection Act and the Mining Act regarding environmental objections to mining tenement applications. The Minister requests the question be placed on notice, indicating more time is needed to formulate a response.
AnsweredQoN 1101Legislative Council
QuestionView source ↗
This question was originally sent to the Minister for the Environment but was redirected to the Minister for State Development. I refer to the decision re Calder; ex parte Cable Sands (WA) Pty Ltd in which the Supreme Court held that mining wardens have the power to hear environmental objections when they consider whether to recommend the grant or refusal of a mining tenement. (1) Can the minister distinguish any differences between the intent of the objection opportunities available under the Environmental Protection Act and the Mining Act? (2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS
AnswerView source ↗
I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
I refer to the decision re Calder; ex parte Cable Sands (WA) Pty Ltd in which the Supreme Court held that mining wardens have the power to hear environmental objections when they consider whether to recommend the grant or refusal of a mining tenement. (1) Can the minister distinguish any differences between the intent of the objection opportunities available under the Environmental Protection Act and the Mining Act? (2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(1) Can the minister distinguish any differences between the intent of the objection opportunities available under the Environmental Protection Act and the Mining Act? (2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
I refer to the decision re Calder; ex parte Cable Sands (WA) Pty Ltd in which the Supreme Court held that mining wardens have the power to hear environmental objections when they consider whether to recommend the grant or refusal of a mining tenement. (1) Can the minister distinguish any differences between the intent of the objection opportunities available under the Environmental Protection Act and the Mining Act? (2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(1) Can the minister distinguish any differences between the intent of the objection opportunities available under the Environmental Protection Act and the Mining Act? (2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(2) Does an environmental objection lodged under the Environmental Protection Act to an application for a mining tenement require that the same objective tests be required as an environmental objection to an application for a mining tenement lodged under the Mining Act; and, if not, why not? (3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(3) Are any particular elements and standards applied to objections under the respective Acts the same; and, if not, what are the relevant differences? (4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(4) Is the minister aware of any research having been carried out on the apparent duplication of the objection provisions in respect of mining tenement applications on environmental grounds between the above Acts; and, if so, can the minister provide relevant particulars? (5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
(5) Does the minister support the view that environmental objections to applications for mining tenements should be the province of the Environmental Protection Act and other relevant environmentally based legislation and be removed from the purview of the Mining Act; and, if not, why not? Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
Hon KEN TRAVERS replied: I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
I thank the member for some notice of this question. I am advised that providing an answer in the time required is not possible, and the Minister for State Development requests that the question be placed on notice.
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