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Parliamentary Questions

Question Without Notice No. 886 asked in the Legislative Council on 29 November 2017 by Hon Robin Scott

Minister responding: Hon W.J. Johnston
Parliament: 40 Session: 1
Answered on 29 November 2017

      886. Hon ROBIN SCOTT to the minister representing the Minister for Mines and Petroleum:
I refer to the extensive damage by Hawthorn Resources to Pinjin station.
      (1) Can the minister state what specific verbal directives or instructions were provided by Department of Mines, Industry Regulation and Safety environmental inspectors or officers to Mr William Lloyd from Hawthorn Resources onsite on 14 November 2017 for breaches of section 20(5) of the Mining Act 1978, damage to station property including fences, water pipes, yards, blocking of surface water creek lines and blocking of station access tracks in contravention of regulation 98 of the Mining Regulations 1981?
      (2) Has DMIRS issued a written directive or order to Hawthorn Resources about the dust particles being generated affecting all substantial occupied buildings on the Pinjin common number 10041?
      (3) If yes to (2), will the minister quote the full text of the written directive or order issued to Hawthorn Resources, including the specific time frame in which compliance must be adhered to and table a copy of the written directive or order?
      (4) Does the minister support Hawthorn Resources continuing to cause further extensive damage to critical pastoral infrastructure that is owned by the Crown or Tisala Pty Ltd, the lessee of Pinjin station, in contravention of section 20(5) of the Mining Act?
I thank the member for the question. The answer is based on material provided by the Minister for Mines and Petroleum.
      (1) Mr William Lloyd and Mr Volker Schilling, representing Hawthorn Resources Limited, were requested not to undertake mining activities that were in breach of section 20(5) of the Mining Act 1978, when appropriate written consents were not in place. Mr William Lloyd and Mr Volker Schilling were also requested to remove green plastic drill sample bags observed by DMIRS officers along the haul road route if the bags had been in place for greater than six months, manage dust on disturbed areas associated with the clearing and mining activities and remove obstructions to roads and tracks and drainage lines that were bisected by the haul road.
(2) Yes.
      (3) I seek to table the answer, which incorporates the precise text of the order that was issued by the Minister for Mines and Petroleum.
      [See paper 921.]
      (4) The minister does not support any unlawful damage of infrastructure. However, he is not able to answer this question as a determination of only the Warden's Court or the Supreme Court can provide a binding answer on whether Hawthorn Resources is continuing to cause the damage to critical pastoral infrastructure as alleged in the question.