A parliamentary question seeks clarification on the requirement for mining companies to obtain departmental approval for constructing firebreaks on mining tenements in Western Australia, despite the absence of specific statutory requirements.

AnsweredQoN 465Legislative Council
Asked
12 March 2002
Portfolio
State Development

QuestionView source ↗

I refer to a information sheet produced by the Department of Minerals and Energy titled ‘
Environmental Notes on Mining
, Issue No. 5, March 2001, Firebreaks’ located on the department’s website -
(1) Can the Minister state what are both the general and specific ‘mining tenement conditions’ on mining tenements through the State of Western Australia in which departmental approval is required prior to the construction of ‘firebreaks’?
(2) If not, why not?
(3) Can the Minister explain why any person wishing to construct a firebreak must ‘Seek approval for clearing via the Ground Disturbing Application form or via the Notice of Intent for the Project’ from the department formerly known as the Department of Minerals and Energy?
(4) If not, why not?

AnswerView source ↗

Answered
11 April 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
30 days
1. There are two general conditions applied to mining tenements that relate to the clearing of land. Neither of these two general conditions deals with the specific issue of clearing of land for firebreaks. 2. N/A. 3. Firebreaks are considered to be an integral part of a management program to protect the environment from mining activities and are not usually considered separately. Generally, the plan submitted by the lessee detailing proposed operations and measures to protect the environment, is sufficient to cover all of the ground disturbing activity on a tenement. However, on occasion it may be necessary for the department to consider specific proposals and it is for this reason that this particular reference is included in the Environmental Note on Mining. The statement serves as a general reminder to miners that they need to seek approval for the clearing of land. There is, however, no specific statutory requirement under the Mining Act for such approval to be obtained for firebreaks. 4. N/A.
2. N/A. 3. Firebreaks are considered to be an integral part of a management program to protect the environment from mining activities and are not usually considered separately. Generally, the plan submitted by the lessee detailing proposed operations and measures to protect the environment, is sufficient to cover all of the ground disturbing activity on a tenement. However, on occasion it may be necessary for the department to consider specific proposals and it is for this reason that this particular reference is included in the Environmental Note on Mining. The statement serves as a general reminder to miners that they need to seek approval for the clearing of land. There is, however, no specific statutory requirement under the Mining Act for such approval to be obtained for firebreaks. 4. N/A.
3. Firebreaks are considered to be an integral part of a management program to protect the environment from mining activities and are not usually considered separately. Generally, the plan submitted by the lessee detailing proposed operations and measures to protect the environment, is sufficient to cover all of the ground disturbing activity on a tenement. However, on occasion it may be necessary for the department to consider specific proposals and it is for this reason that this particular reference is included in the Environmental Note on Mining. The statement serves as a general reminder to miners that they need to seek approval for the clearing of land. There is, however, no specific statutory requirement under the Mining Act for such approval to be obtained for firebreaks. 4. N/A.
However, on occasion it may be necessary for the department to consider specific proposals and it is for this reason that this particular reference is included in the Environmental Note on Mining. The statement serves as a general reminder to miners that they need to seek approval for the clearing of land. There is, however, no specific statutory requirement under the Mining Act for such approval to be obtained for firebreaks. 4. N/A.
4. N/A.

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