❓ Hon Robin Chapple questions the Minister regarding KCGM's alleged breach of environmental commitments related to water pollution containment at the Fimiston I tailings dam, seeking a stop work order and clarification on enforcement practices. The Minister refers to a previous answer.
AnsweredQoN 2507Legislative Council
QuestionView source ↗
I refer Mining Lease 26/383 owned by Barrick Gold and Newmont Mining, operated by Kalgoorlie Consolidated Gold Mines Pty Ltd (KCGM), the Fimiston I tailings dam and in particular condition number 11 on the Mining Lease which in part states ‘The construction and operation of the project and measures to protect the environment being carried out generally in accordance with the proposals outlined in the following documents…Notice of Intent, Fimiston Project - Phase II, Proposed Ore processing Plant Expansion, dated September 1990 and retained on mines file No. 920/89’ -
(1) Given that part of this 1990 document under the heading of ‘Management Commitment to Control Water Pollution’, states ‘KCGM makes a firm commitment to contain water pollution within the plant and tailings area’, will the Minister/Department issue a stop work order under regulation 120L of the
Mining Act 1978
and Regulations 1981 to the owners/operator for breaching their own Notice of Intent commitments (tenement conditions), when KCGM clearly has not been complying with the commitment as seepage clearly has not been prevented from moving, extending and being contained within their lease boundaries on Mining Lease 26/383?
(2) If no to (1), why not?
(3) Can the Minister explain why the Department accepts and processes written commitments as part of the Notice of Intent approvals process which form legally binding conditions on the tenements, given that the evidence shows that when these written commitments are not adhered to, little if anything in terms of regulatory enforcement is issued by the Department?
(4) If no to (3), why not?
(1) Given that part of this 1990 document under the heading of ‘Management Commitment to Control Water Pollution’, states ‘KCGM makes a firm commitment to contain water pollution within the plant and tailings area’, will the Minister/Department issue a stop work order under regulation 120L of the
Mining Act 1978
and Regulations 1981 to the owners/operator for breaching their own Notice of Intent commitments (tenement conditions), when KCGM clearly has not been complying with the commitment as seepage clearly has not been prevented from moving, extending and being contained within their lease boundaries on Mining Lease 26/383?
(2) If no to (1), why not?
(3) Can the Minister explain why the Department accepts and processes written commitments as part of the Notice of Intent approvals process which form legally binding conditions on the tenements, given that the evidence shows that when these written commitments are not adhered to, little if anything in terms of regulatory enforcement is issued by the Department?
(4) If no to (3), why not?
AnswerView source ↗
Answered
16 November 2004
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
27 days
I refer the Hon member to the answer to Question on Notice 2499.
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