❓ Hon Giz Watson questions the Minister for Indigenous Affairs regarding a limestone quarry development and its impact on the Swan River People's Native Title. The Minister confirms awareness of the objection but declines to intervene directly, citing the proponent's responsibility under the Aboriginal Heritage Act.
AnsweredQoN 4196Legislative Council
QuestionView source ↗
Further to Question without Notice No. 196 regarding the development application by WA Limestone for the limestone quarry and batching plant on Lot 1 (2350) Wanneroo Road, Nowergup, I ask -
(1) Is the Minister aware that the Swan River People Native Title Holders have lodged an official objection with the Department of Indigenous Affairs in relation to the above development?
(2) If no to (1), why not?
(3) If yes to (1), has the Department provided correspondence to WA Limestone alerting them of this objection?
(4) Will the Department ensure that the proponent make a Section 18 application under the
Aboriginal Heritage Act
1992
?
(5) If no to (4), why not?
(6) If yes to (4), will the Minister ensure that the consultant chosen to undertake this work is acceptable to the Swan River People Native Title Holders, as requested by them to the Department of Indigenous Affairs?
(7) Will the Minister request that the Minister for Environment defer the Department's consideration of the Clearing Permit for this proposal until such time as the concerns of the Swan River People Native Title Holders have been fully addressed?
(8) If no to (7), why not?
(1) Is the Minister aware that the Swan River People Native Title Holders have lodged an official objection with the Department of Indigenous Affairs in relation to the above development?
(2) If no to (1), why not?
(3) If yes to (1), has the Department provided correspondence to WA Limestone alerting them of this objection?
(4) Will the Department ensure that the proponent make a Section 18 application under the
Aboriginal Heritage Act
1992
?
(5) If no to (4), why not?
(6) If yes to (4), will the Minister ensure that the consultant chosen to undertake this work is acceptable to the Swan River People Native Title Holders, as requested by them to the Department of Indigenous Affairs?
(7) Will the Minister request that the Minister for Environment defer the Department's consideration of the Clearing Permit for this proposal until such time as the concerns of the Swan River People Native Title Holders have been fully addressed?
(8) If no to (7), why not?
AnswerView source ↗
Answered
16 August 2011
Responded by
Minister for Indigenous Affairs
Response time
82 days
(1) Yes.
(2) Not applicable.
(3) The Department of Indigenous Affairs (DIA) has provided advice to the City of Wanneroo and the Department of Planning, as decision makers for the project proceeding, about the need to investigate Aboriginal heritage values in the area and the requirements of the
Aboriginal Heritage Act 1972
(AHA).
(4) No.
(5) DIA advises developers and decision makers about the requirements of the AHA. To avoid prosecution under the AHA, the proponent would need the consent of the Minister for Indigenous Affairs before disturbing any Aboriginal heritage site. It is entirely the proponent's decision as there are no provisions under the AHA to compel a proponent to apply for the Minister's consent.
(6) Not applicable.
(7) No.
(8) The issuing of clearing permits is the responsibility of the Minister for Environment and is controlled by set procedures. The proponent is welcome to seek the advice of DIA about Aboriginal heritage values in the area of proposed development and provide this information as part of its application. At this time the proponent has not done so.
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(2) Not applicable.
(3) The Department of Indigenous Affairs (DIA) has provided advice to the City of Wanneroo and the Department of Planning, as decision makers for the project proceeding, about the need to investigate Aboriginal heritage values in the area and the requirements of the
Aboriginal Heritage Act 1972
(AHA).
(4) No.
(5) DIA advises developers and decision makers about the requirements of the AHA. To avoid prosecution under the AHA, the proponent would need the consent of the Minister for Indigenous Affairs before disturbing any Aboriginal heritage site. It is entirely the proponent's decision as there are no provisions under the AHA to compel a proponent to apply for the Minister's consent.
(6) Not applicable.
(7) No.
(8) The issuing of clearing permits is the responsibility of the Minister for Environment and is controlled by set procedures. The proponent is welcome to seek the advice of DIA about Aboriginal heritage values in the area of proposed development and provide this information as part of its application. At this time the proponent has not done so.
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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