❓ Hon Robin Chapple questions the Minister for State Development regarding a black poly pipeline operating on specific mining leases, alleging breaches of the Mining Act. The Minister confirms receipt of letters of complaint but declines to halt pipeline operations based on legal advice.
AnsweredQoN 235Legislative Council
QuestionView source ↗
I refer to question on notice No. 96 of Tuesday, 26 June 2001 and letters of complaint from Mr J Bourke dated 5 September 2001 and 22 August 2001 which I understand were sent to the Minister for State Development -
(1) Has the Minister’s office received both of these letters?
(2) If so, can the Minister give the specific dates on which they were received in his office?
(3) Will the Minister, or the Department of Mineral and Petroleum Resources, urgently direct that the holders/operator of the black poly pipeline on Mining Lease 26/353 and Miscellaneous Licence 26/181 cease operating the pipeline and associated facilities including the bunding on both sides of the pipeline and catchment pits for breaching section 20(5) of the
Mining Act
given the Minister has previously stated ‘The work in question was maintenance of an approved mining operation…’?
(4) If not, why not?
(1) Has the Minister’s office received both of these letters?
(2) If so, can the Minister give the specific dates on which they were received in his office?
(3) Will the Minister, or the Department of Mineral and Petroleum Resources, urgently direct that the holders/operator of the black poly pipeline on Mining Lease 26/353 and Miscellaneous Licence 26/181 cease operating the pipeline and associated facilities including the bunding on both sides of the pipeline and catchment pits for breaching section 20(5) of the
Mining Act
given the Minister has previously stated ‘The work in question was maintenance of an approved mining operation…’?
(4) If not, why not?
AnswerView source ↗
Answered
20 February 2002
Responded by
Parliamentary Secretary representing the Minister for State Development
Response time
148 days
(1) Yes. (2) 6 September 2001 and 24 August 2001 respectively. (3) No. (4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(2) 6 September 2001 and 24 August 2001 respectively. (3) No. (4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(3) No. (4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(2) 6 September 2001 and 24 August 2001 respectively. (3) No. (4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(3) No. (4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
(4) The Crown Solicitor's Office is of the opinion that the operation of this pipeline is neither a mining operation nor an activity that interferes with the land for the purposes of Section 20(5) of the Mining Act 1978. Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
Given that advice and in light of all relevant circumstances relating to this pipeline, it is considered that neither prosecution of the operating company nor an order to the company to cease its use of the pipeline would be reasonable or justified.
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