❓ A WA parliamentary question probes the Department of Environment's interpretation and enforcement of environmental regulations, specifically regarding hypersaline water emissions from a mining operation impacting nearby tenements. The Minister's response clarifies definitions, obligations, and existing license conditions.
AnsweredQoN 2611Legislative Council
QuestionView source ↗
I refer to a letter dated August 29 2005 signed by the Acting Director General, Department of Environment addressed to Mr L Mills, a letter dated August 11 2005 from Mr L Mills addressed to the Chief Executive Officer, Department of Environment -
(1) Can the Minister explain specifically the definition of the word welfare under the EIA Environmental Principles and what it means under the
Environmental Protection Act 1986
?
(2) If no to (1), why not?
(3) Can the Minister explain specifically the definition of the words amenity of people under the EIA Environmental Principles and what is means under the
Environmental Protection Act 1986
?
(4) Can the Minister explain specifically the definition of the words land uses by meeting statutory requirement and what this means under the
Environmental Protection Act 1986
?
(5) If no to (4), why not?
(6) Can the Minister explain why the Department of Environment (DoE) promotes and facilitates by its lack of imposition of setting licence conditions to allow emissions of hypersaline water containing saline, alkaline and cyanide constituents along with heavy metals and other contaminants to enter Prospecting Licence 26/3126 and P26/1848, which definitely has an impact on these tenements and facilitates other breaches of statutory legislation, simply because the DoE allows the emissions to leave the licensed premises for Fimiston I and Fimiston II Tailings dams?
(7) If no to (6), why not?
(8) Can the Minister explain why there is not a need for a licence condition to be imposed on or before September 30 2005 to stop and prevent hypersaline water containing saline, alkaline or cyanide constituents along with heavy metals and other toxic contaminants from being confined on Mining Lease 26/383 the Fimiston I tailings dam from entering Prospecting Licence 26/3126, causing environmental harm, the likelihood of pollution, potential detriment or degradation of any part of the environment on P26/3126 given that this tenement is located approximately 60 metres from the bottom toe of the Fimiston I Tailings dam, and runs approximately 367 metres in a parallel direction with the tailings dam wall?
(9) If no to (8), why not?
(10) Can the Minister state why does the DoE have an obligation to minimise the likelihood of pollution occurring?
(11) If no to (10), why not?
(12) Does the DoE have an obligation to minimise the likelihood of environmental harm occurring to any part of the environment on Prospecting Licence P26/3126, from any hypersaline water containing saline, alkaline or cyanide constituents along with heavy metals and other toxic contaminants from the Fimiston I tailings dam located on M26/383?
(13) If no to (12), why not?
(1) Can the Minister explain specifically the definition of the word welfare under the EIA Environmental Principles and what it means under the
Environmental Protection Act 1986
?
(2) If no to (1), why not?
(3) Can the Minister explain specifically the definition of the words amenity of people under the EIA Environmental Principles and what is means under the
Environmental Protection Act 1986
?
(4) Can the Minister explain specifically the definition of the words land uses by meeting statutory requirement and what this means under the
Environmental Protection Act 1986
?
(5) If no to (4), why not?
(6) Can the Minister explain why the Department of Environment (DoE) promotes and facilitates by its lack of imposition of setting licence conditions to allow emissions of hypersaline water containing saline, alkaline and cyanide constituents along with heavy metals and other contaminants to enter Prospecting Licence 26/3126 and P26/1848, which definitely has an impact on these tenements and facilitates other breaches of statutory legislation, simply because the DoE allows the emissions to leave the licensed premises for Fimiston I and Fimiston II Tailings dams?
(7) If no to (6), why not?
(8) Can the Minister explain why there is not a need for a licence condition to be imposed on or before September 30 2005 to stop and prevent hypersaline water containing saline, alkaline or cyanide constituents along with heavy metals and other toxic contaminants from being confined on Mining Lease 26/383 the Fimiston I tailings dam from entering Prospecting Licence 26/3126, causing environmental harm, the likelihood of pollution, potential detriment or degradation of any part of the environment on P26/3126 given that this tenement is located approximately 60 metres from the bottom toe of the Fimiston I Tailings dam, and runs approximately 367 metres in a parallel direction with the tailings dam wall?
(9) If no to (8), why not?
(10) Can the Minister state why does the DoE have an obligation to minimise the likelihood of pollution occurring?
(11) If no to (10), why not?
(12) Does the DoE have an obligation to minimise the likelihood of environmental harm occurring to any part of the environment on Prospecting Licence P26/3126, from any hypersaline water containing saline, alkaline or cyanide constituents along with heavy metals and other toxic contaminants from the Fimiston I tailings dam located on M26/383?
(13) If no to (12), why not?
AnswerView source ↗
Answered
8 November 2005
Responded by
Minister for Education and Training representing the Minister for the Environment
Response time
47 days
The Minister for the Environment; Science has provided the following response: (1) There is no definition of 'welfare' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a document for proponents to the Environmental Protection Authority. The term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(1) There is no definition of 'welfare' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a document for proponents to the Environmental Protection Authority. The term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(2) Not applicable. (3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(13) Not applicable.
(1) There is no definition of 'welfare' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a document for proponents to the Environmental Protection Authority. The term 'welfare' would be taken in its ordinary sense because the term is not defined within the Environmental Protection Act 1986 . (2) Not applicable. (3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(2) Not applicable. (3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(3) There is no definition of 'amenity' within the document titled "EIA Principles, Factors & Objectives - Guide to EIA Principles, Factors and Objectives". This document is a guideline document to proponents to the Environmental Protection Authority. Suffice to say the term 'amenity' would be taken in its ordinary sense. (4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(4) There is no definition of 'land uses meeting statutory requirements' within the Environmental Protection Act 1986 . However, the Environmental Protection Act 1986 does provide some guidance on the definition of land use within the context of planning schemes, including the Metropolitan Region Scheme, Regional Planning Scheme and Town Planning Scheme. A reasonable interpretation would be land uses that are consistent with these schemes at the location in question. (5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(5) Not applicable. (6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(6) The Environmental Protection Act 1986 does not require the Department to prevent emissions crossing premise boundaries as this is not practicable in many situations. Where a stack or pipe emits a substance then it is most likely that this will cross a premise boundary, for instance an air emission from a chimney is likely to cross a boundary. The Environmental Protection Act 1986 is designed for the "prevention, control and abatement of pollution and environmental harm". A significant portion of the Act is intended to prevent, control and abate emissions so that they do not cause pollution. So in some cases it may be practical and necessary to stop or minimise emissions crossing a boundary, such as a landfill with a fence to control wind blown litter. But in many situations it needs to be considered on a case by case basis. (7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(7) Not applicable. (8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(8) The Department of Environment certainly has an obligation to issue a licence that minimises the likelihood of pollution occurring. The Department of Environment has placed condition W2 on Licence 6420/10 issued to KCGM for its Fimiston operations. Condition W2 states: The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
The licensee shall manage the storage of all matter containing cyanide, saline or alkaline constituents within holding facilities in a manner, which prevents pollution. Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
Condition W2 of License 6420/10 ensures that the KCGM is required to take appropriate actions to manage matter that contains cyanide, saline or is alkaline in an environmentally acceptable manner. The licensee needs to ensure that this matter prevents pollution either on site or off their site. (9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(9) Not applicable. (10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(10) The Government created the Department of Environment to provide a integrated environmental protection and natural resource agency for Western Australia. As a key part of this the Department has the role to implement and regulate significant portions of the Environmental Protection Act 1986 . In part the long title of this Act states: An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
An Act to provide for an Environmental Protection Authority, for the prevention, control and abatement of pollution and environmental harm, for the conservation, preservation, protection, enhancement and management of the environment and for matters incidental to or connected with the foregoing. (11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(11) Not applicable. (12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(12) Yes the licence has been issued to KCGM to ensure the environment either on or off KCGM site is protected from pollution or material or serious environmental harm. (13) Not applicable.
(13) Not applicable.
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