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Parliamentary Questions


Question On Notice No. 1418 asked in the Legislative Council on 26 June 2018 by Hon Robin Chapple

Question Directed to the: Minister for Regional Development representing the Minister for Mines and Petroleum
Parliament: 40 Session: 1


Question

I refer to Mining Lease 31/284, owned by Hawthorn Resources Limited and Gel Resources Pty Limited, and all the photographic evidence and video evidence provided to the Department of Mines Industry Regulation and Safety (DMIRS), including many photos and videos showing dust drifting down over occupied buildings on Pinjin Station which affects the health and amenity of people living in occupied buildings, and I ask:
(a) can the Minister indicate a specific date on which mining operations commenced in the year 2017 on mining lease 31/284;
(b) if no to (1), why not;
(c) can the Minister explain why DMIRS has allowed Hawthorn and Gel Resources to continually and repeatedly contravene specific tenement conditions including specific stated written operating commitments appertaining to containment of dust made in the revised mining proposal dated 26 November 2015 for over such a long period of time without facing forfeiture proceedings and a fine;
(d) can the Minister explain in terms of its functionality and purpose why (DMIRS) formerly the Department of Mines (DOM) recommended condition number 14 on Mining lease 31/284 requiring that all trenches, sumps and pits (apart from the main open pit) being backfilled and revegetated;
(e) if no to (d), why not;
(f) can the Minister state how many in total number of photographs and videos has the Department and the Minister's office received showing large amounts of airborne dust being generated and not being minimised by the application of sufficient water on all the haul roads;
(g) if no to (f), why not;
(h) can the Minister explain, in terms of its functionality and purpose, why (DMIRS) formerly (DOM) recommended condition number 16 on Mining lease 31/284 requiring that the generation of dust be minimised by the application of sufficient water on all haul roads;
(i) if no to (h), why not;
(j) can the Minister state what has DMIRS specifically done to ensure and eliminate the generation of dust on haul roads particularly in the evening and late at night given that in many instances no operating dust suppression measures with sufficient water have been in place for over at least 3 months, which results in the dust drifting down over occupied buildings affecting the amenity and health of people living on Pinjin Station; and
(k) if no to (j), why not?

Answered on 28 August 2018

(a)        No

(b)        I am advised that the holder of Mining Lease 31/284 provided the Department of Mines, Industry Regulation and Safety a letter of commencement dated 1 September 2016, specifying 7 September 2016 as the date mining operations would commence. I have been advised, however, that commencement of mining operations was subsequently delayed by Hawthorn Resources Limited.

(c)        I have been advised that the Department of Mines, Industry Regulation and Safety has not allowed Hawthorn Resources Limited and Gel Resources Pty Ltd to continually and repeatedly contravene specific tenement conditions relating to dust. Where any breaches are identified, forfeiture proceedings may take place in accordance with the provisions set out in section 97 of the Mining Act 1978.

(d)       Pursuant to the condition setting powers under section 84 of the Mining Act 1978, to ensure the tenement holder prevents, reduces or makes good any injury to the land, or injury to anything on or below the natural surface of the land.

(e)        Not applicable

(f)        I have been advised by the Department of Mines, Industry Regulation and Safety that they have received 122 photographs and videos relating to allegations of dust coming from the mine.

My office has received approximately 99 photographs and 9 screenshots relating to allegations of dust coming from the mine.

(g)       Not applicable

(h)       Pursuant to the condition setting powers under section 84 of the Mining Act 1978, to ensure the tenement holder prevents, reduces or makes good any injury to the land, or injury to anything on or below the natural surface of the land.

(i)        Not applicable

(j)        On 24 November 2017, the Department of Mines, Industry Regulation and Safety issued a Direction to Modify to Hawthorn Resources Limited and Gel Resources Pty Ltd requiring implementation of appropriate dust mitigation measures to prevent or negate impacts upon people residing at the Pinjin Station infrastructure and impacts to the receiving environment. The Department has also undertaken several subsequent inspections to monitor the mine’s compliance with tenement conditions.

(k)       Not applicable