❓ Dr. Pettitt requests the tabling of Premier Coal's triennial report and information on its review. The Minister declines to table the report due to commercial sensitivity, but provides details on the review process and inter-departmental collaboration.
AnsweredQoN 1013Legislative Council
Asked
12 October 2022
Member
Portfolio
State Development, Jobs and Trade; Tourism; Commerce; Science
QuestionView source ↗
I refer to the annual and triennial reports required to be produced by
Premier Coal under Clause 11(2) of the Collie Coal (Western Collieries)
Agreement Act 1979 , and, I ask: (a) will the Minister please table the most recent triennial report; (b) if no to (a), why not; (c) could the Minister please advise which section of the Department reviews
these reports and the environmental and mining rehabilitation expertise present
in the section; and (d) could the Minister please advise any dates on which further information
has been requested from the company as provided for in Clause11(3)?
Premier Coal under Clause 11(2) of the Collie Coal (Western Collieries)
Agreement Act 1979 , and, I ask: (a) will the Minister please table the most recent triennial report; (b) if no to (a), why not; (c) could the Minister please advise which section of the Department reviews
these reports and the environmental and mining rehabilitation expertise present
in the section; and (d) could the Minister please advise any dates on which further information
has been requested from the company as provided for in Clause11(3)?
AnswerView source ↗
Answered
15 November 2022
Responded by
Minister for Regional Development representing the Minister for State Development, Jobs and Trade; Tourism; Commerce; Science
Response time
8 days
The Department of Jobs, Tourism, Science and Innovation advises:
(a) No
(b) The Triennial Report is submitted by Premier Coal to the Minister to satisfy Premier Coal’s obligations under Clause 11(2) of the Collie Coal (Western Collieries) Agreement Act 1979 . It is submitted with an expectation that the information will be treated as commercially sensitive by the State, as it contains valuable commercial information. Disclosure of this would reveal information about the commercial affairs of the company and could adversely affect those affairs and prejudice the future supply of information to the Department of Jobs, Tourism, Science and Innovation (JTSI) by Premier Coal. Accordingly it is not appropriate to table the report. I will notify the Auditor General’s office and both houses of Parliament that this part of the question will not be answered as per Section 82 of the Financial Management Act 2006 .
(c) JTSI is responsible for the administration of State Agreements. JTSI refers these reports to the Collie Coal Mines and Environment Committee which includes subject matter experts from the Department of Water and Environmental Regulation, the Department of Biodiversity, Conservation and Attractions and the Department of Mines, Industry Regulation and Safety to review and provide feedback to JTSI. The consolidated feedback is provided to Premier Coal for consideration and incorporation into its next report.
(d) No further requests for information has been requested by the Minister in accordance with Clause 11(3)
(a) No
(b) The Triennial Report is submitted by Premier Coal to the Minister to satisfy Premier Coal’s obligations under Clause 11(2) of the Collie Coal (Western Collieries) Agreement Act 1979 . It is submitted with an expectation that the information will be treated as commercially sensitive by the State, as it contains valuable commercial information. Disclosure of this would reveal information about the commercial affairs of the company and could adversely affect those affairs and prejudice the future supply of information to the Department of Jobs, Tourism, Science and Innovation (JTSI) by Premier Coal. Accordingly it is not appropriate to table the report. I will notify the Auditor General’s office and both houses of Parliament that this part of the question will not be answered as per Section 82 of the Financial Management Act 2006 .
(c) JTSI is responsible for the administration of State Agreements. JTSI refers these reports to the Collie Coal Mines and Environment Committee which includes subject matter experts from the Department of Water and Environmental Regulation, the Department of Biodiversity, Conservation and Attractions and the Department of Mines, Industry Regulation and Safety to review and provide feedback to JTSI. The consolidated feedback is provided to Premier Coal for consideration and incorporation into its next report.
(d) No further requests for information has been requested by the Minister in accordance with Clause 11(3)
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