❓ A WA parliamentary question regarding Magellan Metals' compliance with environmental and health regulations, specifically concerning the implementation of the Health, Hygiene and Environmental Management Program (HHEMP). The response indicates a breach was addressed through mining safety regulations rather than environmental prosecution.
AnsweredQoN 4964Legislative Council
QuestionView source ↗
(1) Has Magellan Metals breached ministerial condition 6-2 in failing to implement the Health, Hygiene and Environmental Management Program required by condition 6-1?
(2) If no to (1), why not?
(3) Will the Department of Environment and Conservation prosecute Magellan Metals for breaching ministerial condition 6-2?
(4) If no to (3), why not?
(2) If no to (1), why not?
(3) Will the Department of Environment and Conservation prosecute Magellan Metals for breaching ministerial condition 6-2?
(4) If no to (3), why not?
AnswerView source ↗
Answered
14 August 2007
Responded by
Parliamentary Secretary representing the Minister for the Environment
Response time
49 days
(1) The entry in the mines record book by the Special Inspector of Mines (Mr Stephen Turner) would appear to indicate that the requirements of Condition 6-2 of the Ministerial Statement were not being complied with at the date of entry of the comments. However, taking into account the objective and context of the condition, the matter has been properly addressed through the requirements of the
Mines Safety and Inspection Act 1994
.
It is clear in the Environmental Protection Authority's report and recommendations on this project (EPA Bulletin 996, September 2000), that the former Department of Minerals and Energy would have the lead role in reviewing, monitoring and enforcing occupational health and safety requirements through the
Mines Safety and Inspection Act 1994
, but that it would be more effective to address the health and environmental aspects of the proposal together in a single document (the
Health, Hygiene, and Environmental Management Program
[HHEMP]). This led to the condition which required the program to document some aspects of occupational health and safety which reside under the
Mines Safety and Inspection Act 1994
.
As a result of the Special Inspector of Mines noting inadequate implementation of the HHEMP, the inspector issued a series of five Improvement Notices under the
Mines Safety and Inspection Regulations 1995
dealing with occupational health and safety aspects of the HHEMP. Through action required by these notices, Magellan Mines Pty Ltd was brought into compliance with its occupational health and safety requirements. The Department of Environment and Conservation considers the issuing of these improvement notices and compliances by Magellan is the appropriate enforcement action for these matters.
(2) Not applicable.
(3) No, see the answer to (1).
(4) The matter has been properly addressed under the requirements of the
Mines Safety and Inspection Regulations 1995
, which is the appropriate legislation for regulating compliance with occupational health and safety matters on minesites.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Mines Safety and Inspection Act 1994
.
It is clear in the Environmental Protection Authority's report and recommendations on this project (EPA Bulletin 996, September 2000), that the former Department of Minerals and Energy would have the lead role in reviewing, monitoring and enforcing occupational health and safety requirements through the
Mines Safety and Inspection Act 1994
, but that it would be more effective to address the health and environmental aspects of the proposal together in a single document (the
Health, Hygiene, and Environmental Management Program
[HHEMP]). This led to the condition which required the program to document some aspects of occupational health and safety which reside under the
Mines Safety and Inspection Act 1994
.
As a result of the Special Inspector of Mines noting inadequate implementation of the HHEMP, the inspector issued a series of five Improvement Notices under the
Mines Safety and Inspection Regulations 1995
dealing with occupational health and safety aspects of the HHEMP. Through action required by these notices, Magellan Mines Pty Ltd was brought into compliance with its occupational health and safety requirements. The Department of Environment and Conservation considers the issuing of these improvement notices and compliances by Magellan is the appropriate enforcement action for these matters.
(2) Not applicable.
(3) No, see the answer to (1).
(4) The matter has been properly addressed under the requirements of the
Mines Safety and Inspection Regulations 1995
, which is the appropriate legislation for regulating compliance with occupational health and safety matters on minesites.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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