De Lacey v Kagara Pty Ltd
[2009] QLC 101
•13 July 2009
LAND COURT OF QUEENSLAND
CITATION:De Lacey & Anor v Kagara Pty Ltd [2009] QLC 0101
PARTIES:Ralph De Lacey and Stuart V Foster
(applicants)
- and -
Kagara Pty Ltd
(respondent)
- and -
Environmental Protection Agency
(statutory party)
FILE NOS:AML00196/2007
ENO00230/2007
AML00197/2007
ENO00231/2007
AML00199/2007
ENO00233/2007
PARTIES:Ralph De Lacey
(applicant)
- and -
Kagara Pty Ltd
(respondent)
- and -
Environmental Protection Agency
(statutory party)
FILE NOS:AML00198/2007
ENO00232/2007
AML00200/2007
ENO00234/2007
AML00201/2007
ENO00235/2007
AML00202/2007
ENO00236/2007
DIVISION:Land Court of Queensland – general division
PROCEEDING: Applications for mining leases and objections thereto
DELIVERED ON: 13 July 2009
DELIVERED AT: Brisbane
HEARD AT:Not applicable – Heard on the Papers
MEMBER:Mr PA Smith
ORDERS:RECOMMENDATION – MLA 20496
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
together with the following Special Condition for the Mining Lease:
“The mining leaseholder will not prohibit the movement of stock through Lot 45 on CP815407 Reserve (R14).”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20496 be granted to the Applicants, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicants
RECOMMENDATION – MLA 20497
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20497 be granted to the Applicants, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicants
RECOMMENDATION – MLA 20500
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to the Applicant obtaining the consent of the Department of Transport prior to the matter being considered by the Governor in Council and the Governor in Council exercising the discretion pursuant to s 238(1)(a) of the MRA or alternatively, if permission is not received to allow current access road to cross the Railway line before the grant of the mining lease the Applicants will lodge a variation of access that will cross at a public rail crossing,
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20500 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20502
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20502 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop /machinery/storage, water supply and zinc ore, for the term sought by the Applicant.
RECOMMENDATION – MLA 20503
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20503 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery/storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20504
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20504 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20510
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20510 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery/storage, water supply and zinc ore, for the term sought by the Applicant.
CATCHWORDS: Mining – mining lease – objections – special conditions – precautionary approach
Mineral Resources Act 1989
Environmental Protection Act 1994
APPEARANCES: Not applicable – Heard on the Papers
Background
On 2 June 2009 I made recommendations and various orders with respect to eight mining lease applications brought by Ralph DeLacey and Stuart V Foster (the applicants).[1] All of the facts and circumstances relating to each mining lease application are fully set out in my decision of 2 June 2009, and it is unnecessary to repeat them here.
[1] See DeLacey & Anor v Kagara Pty Ltd [2009] QLC 0077.
This decision and recommendations relate to seven of the MLAs which remain subject to objection by Kagara Pty Ltd (the objector). The Environmental Protection Agency is a statutory party to each of those seven mining lease applications.
As regards the eighth mining lease application, MLA 20488, that matter is no longer subject to objections and issues that I raised on 2 June 2009 have been resolved to my satisfaction and were formalised by orders of the Court dated 2 July 2009. Accordingly, it is unnecessary for present purposes to make any additional orders or recommendations with respect to MLA 20488.
Outstanding Issues
Four issues arose out of my recommendations and orders of 2 June 2009. The applicants made formal submissions with respect to each of those issues, and the statutory party made formal submissions with respect to the two issues that related to it as statutory party. The objector did not avail himself of the opportunity to make any submissions relating to any of the remaining issues, and the applicants did not formally reply to the statutory party’s submissions.
The four issues requiring attention are as follows:
1. Precautionary approach to the likely existence of threatened bat and plant species in the general locality of each MLA;
2. Proximity of MLAs 20496, 20497, 20502 and 20510 to national parks;
3. Restrictions on the movement of stock on MLA 20496;
4. Access issues relating to MLA 20500.
I will deal with each of the above issues separately.
Precautionary approach to the likely existence of threatened bat and plant species in the general locality of each MLA
At paragraphs [178] and [179] of my recommendations and orders of 2 June 2009 I had this to say regarding this issue:
“[178] I am in no doubt that the likely existence of threatened bat and plant species in the general locality of each MLA require a precautionary approach to be adopted by the Court. It is accordingly essential that appropriate baseline studies be undertaken by the Applicants prior to the commencement of ANY mining activities on each of the MLAs.
[179] I am satisfied that, in the circumstances of these particular MLAs, it is appropriate to recommend that each MLA (provided that all other elements under consideration are satisfactory) be granted prior to the Applicants undertaking the baseline studies, provided that each MLA contain a special condition that no actual mining activity may be undertaken on the land the subject of each MLA until such time as the EPA is satisfied that baseline studies have not only been completed, but that strategies have been put in place to ensure that mining activities will not significantly adversely affect any threatened species identified by the baseline studies. I recommend to the Honourable the Minister for Mines Natural Resources, Mines and Energy and Minister for Trade accordingly.”
Both the Applicants and the statutory party provided similar draft special conditions to meet my concerns expressed in paragraphs [178] and [179] of my orders and recommendations of 2 June 2009.
The draft special conditions proposed by the statutory party are in the following form:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
In my view, the special conditions proposed by the statutory party with respect to this issue are appropriate. Accordingly, I recommend to the Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that the special conditions set out in the preceding paragraph be incorporated as Special Conditions for the Draft Environmental Authority for MLA’s 20496, 20497, 20500, 20502, 20503, 20504 and 20510:
Proximity of MLAs 20496, 20497, 20502 and 20510 to national parks
The applicants have made several submissions in the alternative as to the way in which MLAs 20496, 20497, 20502 and 20510 can proceed despite standard environment condition no. 14 and the proximity of those MLAs to national parks. The statutory party, on the other hand, has made the following simple and straight-forward submission:[2]
“The Statutory Party submits that as a consequence of the following suggested additional conditions, the draft environmental authorities would remain as (non-code compliant) level 2.
Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
[2] See submissions statutory party 30 June 2009.
Specifically with respect to issue 2, and subject to other special conditions dealt with either in these recommendations and orders or in those of 2 June 2009, I am of the opinion that it is appropriate to recommend to the Honourable the Minister that, provided the following additional condition:
“Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area”
is included as an additional condition to the Environmental Authority for MLA’s 20496, 20497, 20502 and 20510, that each of the mining leases be recommended for grant.
Restrictions on the movement of stock on MLA 20496
Consistent with my recommendation relating to MLA 20496 made on 2 June 2009, the applicants have proposed that the special condition relating to this issue be in the following terms:
“The mining leaseholder will not prohibit the movement of stock through Lot 45 on CP815407 Reserve (R14).”
I agree with the Applicants submission.
Access issues relating to MLA 20500
As regards access issues relating to the crossing of a rail corridor by the applicants’ current access route, the applicants have suggested the following special conditions for MLA 20500:
“If permission is not received to allow current access road to cross the Railway line before the grant of the mining lease the Applicants will lodge a variation of access that will cross at a public rail crossing.”
In my recommendation relating to MLA 20500 of 2 June 2009, I included the following in the alternative:
“subject to the Applicant obtaining the consent of the Department of Transport prior to the matter being considered by the Governor in Council and the Governor in Council exercising the discretion pursuant to s 238(1)(a) of the MRA or alternatively, if the Applicant is unable to obtain the consent of the Department of Transport, then I recommend that, prior to the MLA proceeding to grant, that the Applicant be required to lodge a variation of access not involving a railway crossing,”
In my view, whilst I am content with the wording of the proposed condition suggested by the applicants, I note that the applicants propose such special condition be included in the event that “any unforseen delays or difficulties be experienced in relation to MLA 20500”.[3] In my view it is appropriate to retain the first alternate relating to the exercise of discretion by the Governor-in-Council pursuant to s.238(1)(a) of the MRA as set out in my original recommendation for MLA 20500 of 2 June 2009, in addition to the special condition proposed by the applicants.
[3] See applicants’ submissions 19 June 2009 para 11.
Accordingly, insofar as issue 3 is concerned, my recommendation made on 2 June 2009 should be amended by removal of the words “if the applicant is unable to obtain the consent of the Department of Transport, then I recommend that, prior to the MLA proceeding to grant, that the Applicant be required to lodge a variation of access not involving a railway crossing” and replacing those words with “if permission is not received to allow current access road to cross the Railway line before the grant of the mining lease the Applicants will lodge a variation of access that will cross at a public rail crossing”.
Recommendations with respect to MLAs 20496, 20497, 20500, 20502, 20503, 20504 and 20510
In light of my recommendations as set out in the preceding paragraphs, and consistent with the recommendations and orders I made with respect to the seven remaining mining lease applications on 2 June 2009, and to prevent any confusion or uncertainty in the minds of any of the parties, I consider it appropriate to merge all of the recommendations with respect to each of the said seven mining lease applications and to set out in detail, for the assistance of the Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade, my comprehensive recommendations for each of the seven mining lease applications.
RECOMMENDATION – MLA 20496
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
together with the following Special Condition for the Mining Lease:
“The mining leaseholder will not prohibit the movement of stock through Lot 45 on CP815407 Reserve (R14).”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20496 be granted to the Applicants, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicants
RECOMMENDATION – MLA 20497
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20497 be granted to the Applicants, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicants
RECOMMENDATION – MLA 20500
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to the Applicant obtaining the consent of the Department of Transport prior to the matter being considered by the Governor in Council and the Governor in Council exercising the discretion pursuant to s 238(1)(a) of the MRA or alternatively, if permission is not received to allow current access road to cross the Railway line before the grant of the mining lease the Applicants will lodge a variation of access that will cross at a public rail crossing,
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20500 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20502
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20502 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop /machinery/storage, water supply and zinc ore, for the term sought by the Applicant.
RECOMMENDATION – MLA 20503
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20503 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery/storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20504
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20504 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery / storage, water supply and zinc ore, for the term sought by the Applicant
RECOMMENDATION – MLA 20510
Provided that Special Conditions for the Draft Environmental Authority as follows are made:
1.“Appropriate baseline studies of fauna and flora must be undertaken prior to the commencement of any mining activity in order to identify threatened species, sensitive ecosystems and ecosystem dependent species including (but not limited to) in the National Parks.
No mining activity can occur until the administering authority is satisfied that such baseline studies for the potential impacts of mining have been undertaken, and until the administering authority is also satisfied that appropriate strategies for air, noise, vibration, land, waste, surface water and groundwater have been put in place to ensure that all mining activities will not significantly adversely affect any threatened species, sensitive ecosystems and ecosystem-dependent species identified by the baseline studies.
Such strategies shall be implemented at all times for the conduct of all mining activities.” and
2. “Standard environmental condition no. 14 of the Code of Environmental Compliance for Mining Lease Projects January 2001 (approved by the Minister by gazette notice on 22/12/00) does not apply to any mining activity in so far as a mining activity is not carried out in any category A environmentally sensitive area or in any category B environmentally sensitive area.”
and subject to Right to Negotiate processes under the Native Title Act 1993 (Cwth),
I recommend to The Honourable the Minister for Natural Resources, Mines and Energy and Minister for Trade that MLA 20510 be granted to the Applicant, for the following minerals and purposes: silver ore, gold, copper ore, iron ore, garnet, living quarters/camp, lead ore, tin ore, treatment plant / mill site, tungsten / wolfram / scheelite, workshop / machinery/storage, water supply and zinc ore, for the term sought by the Applicant.
PA SMITH
MEMBER OF THE LAND COURT
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