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Parliamentary Questions

Question On Notice No. 1824 asked in the Legislative Council on 12 February 2019 by Hon Robin Scott

Question Directed to the: Minister for Regional Development representing the Minister for Mines and Petroleum; Commerce and Industrial Relations; Electoral Affairs; Asian Engagement
Parliament: 40 Session: 1
Question

(1) Will the Minister confirm that the listed tenements were applied for on the dates shown and granted on the dates shown: P26/2450 applied for 19/06/17, granted 17/09/18; P25/2467 applied for 15/09/17, granted 7/11/18; P25/2468 applied for 15/09/17, granted 7/11/18; P25/2469 applied for 15/09/17, granted 7/11/18; P25/2470 applied for 15/09/17, granted 7/11/18; P25/2471 applied for 15/09/17, granted 7/11/18; P25/2472 applied for 15/09/17, granted 7/11/18; P25/2473 applied for 15/09/17, granted 7/11/18; P25/2474 applied for 15/09/17, granted 7/11/18; P25/2475 applied for 15/09/17, granted 7/11/18?
(2) Will the Minister explain why more than thirteen months has been required to grant each of these ten applications, not one of which was the subject of an objection?
(3) The Minister having confirmed on 6 December 2018 that tenements P26/4298, P26/4299, P2/4300 and P2/4301, all applied for on 15/09/17 were still pending as at 7/12/18, will the Minister explain the reason why these four applications, not one of which was the subject of an objection have not been granted after more than fourteen months.?
(4) Will the Minister explain how granting times exceeding thirteen months are consistent with the answers given by the Minister to question without notice C1332 on 4 December 2018?
(5) Will the Minister confirm that every month of unnecessary delay in granting a tenement represents a delay of one month in the commencement date of any royalty stream which will flow to the Government is a decision to mine is made and a mine becomes operational?
(6) What steps is the Minister taking to ensure that the period required for granting a tenement is minimised?

Answered on 19 March 2019

(1) No. P26/2450 was not applied for on 19/06/17 and was not granted on 17/09/18.               

Yes. P25/2467 – P25/2475 were applied for on 15/09/17 and granted on 7/11/18.

(2) P26/2450 – Not applicable.

P25/2467 – P25/2475: There was a 35 day objection period under the Mining Act 1978.  Processing pursuant to the Native Title Act (1993) (Cth) was for a further period of 5 months.  The remaining time the applications were subject to internal assessment within the Department of Mines, Industry Regulation and Safety.

(3) P2/4300 and P2/4301 do not exist.

P26/4298 and P26/4299 had a 35 day objection period under the Mining Act 1978 and processing pursuant to the Native Title Act (1993) (Cth) for a further 6 months and 13 days. The remaining time the applications were subject to internal assessment within the Department of Mines, Industry Regulation and Safety.

(4) There is a 35 day objection period under the Mining Act 1978 and a minimum 4 month period under the Native Title Act (1993) (Cth).  If the application for a mining tenement includes any Reserve land, time for referral to other Ministers under section 23 to 26 of the Mining Act 1978 must be considered.  The Department of Mines, Industry Regulation and Safety (DMIRS) has a target for mining applications of 65 working days.  Time in excess of 65 Days may be required to ensure legislative requirements are satisfied prior to grant.

(5) No. There are many factors affecting the commencement date of a royalty stream.

(6) The Department of Mines, Industry Regulation and Safety have certified quality management systems in place and outcome based Key Performance Indicators for its regulatory activities that measure how effectively key business objectives are being achieved.