Office Of The Mining Warden Annual Report - Financial Year 2005-2006
Pursuant to s. 105 of the Mineral Resources (Sustainable Development) Act 1990 (“the Act”), I herewith present the annual report of this Office for the financial year ending 30th June, 2006.
The Office of the Mining Warden is created under Part 11 of the Mineral Resources (Sustainable Development) Act 1990.
The current Mining Warden is Mr. Noel Laidlaw who was initially appointed in June 2000 and has, in terms of s. 96 of the Act, been re-appointed by the Governor in Council for another term of three years commencing on 23rd June, 2006.
The Mining Warden has two offices; one is located at 55 Myers Street Bendigo, the other at 10/55 Collins Street Melbourne. In addition to the Mining Warden, two staff are employed. They are Mr. Ivan Austin, the Registrar who is employed full time at the Bendigo Office and Mrs. Bronwen Herbert, Personal Assistant to the Mining Warden who is employed three days per week in the Melbourne Office.
During the Financial Year 2005-06, 24 new matters were brought before the Mining Warden.
| Nature of the matter (section of the Act) |
Number |
|---|---|
| s. 971 | 19 |
| s. 982 | 3 |
| s. 25A3 | 2 |
| Total | 24 |
1 Section 97 matters relate to disputes which are defined in s. 4 of the Mineral Resources (Sustainable Development) Act 1990 and relate to a dispute between two parties.
2 Section 98 matters relate to inquiries referred by the Minister for Energy and Resources or the Secretary of the Department of Primary Industries.
3 Section 25A relates to an inquiry made by the Mining Warden in relation to an application for a five hectare mining licence on a pre-existing Exploration Licence.
However, during the 2005-06 financial year, some 30 matters were considered, as some items were not finalised during the previous financial year.
The following table summarises the various sections of the Act, which relate to the matters.
| Number of individual matters considered |
Section of the Act |
|---|---|
| 8 | 15(6) |
| 5 | 38 |
| 3 | 88 |
| 2 | 23 |
| 2 | 71 |
| 2 | 14(1F) |
| 2 | 25A |
| 1 | 10 |
| 1 | 17 |
| 1 | 29 |
| 1 | 44 |
| 1 | 78 |
| 1 | 41(AA) |
| Total | 30 |
Eight matters or 26% of the total related to questions of the ability of an applicant or a licensee being able to comply with the provisions of s. 15(6) of the Mineral Resources (Sustainable Development) Act 1990.
The next most significant group of matters related to proposals by the Department to cancel a licence under s. 38 of the Act. Such cases represented 16% of the total. In all of these cases, the licensee brought the matter before the Mining Warden. In addition to these intentions to cancel the licences, two additional cases related to the cancellation of an application under s. 14(1F) and these cases also related to the ability of the applicant to satisfy s. 15(6).
The following table summarises the nature and status of any dispute referred to the Mining Warden under section 97. This is prescribed by s. 105 (2)(a) of the Act.
| Case Number | Nature of the Dispute | Outcome |
|---|---|---|
| Apr-14 | Dispute between a licensee and a landholder concerning access to private land. | Resolved between the parties following mediation by the Mining Warden. |
| 5-Apr | Dispute between an applicant and the DPI relating to the cancellation of an application. The dispute related to the progress of the applicant’s negotiations relating to Native Title. | Following investigations by the Mining Warden, the applicant was informed that Native Title did exist over the area and the applicant entered into Native Title negotiations. |
| 5-Aug | Dispute between a licensee and a landholder in relation to access to land. In this case the landholder was Corrections Victoria. The land was restricted Crown Land administered by Parks Victoria. | Following extensive negotiations between all of the parties, a new work plan was devised and permission given to access the land for exploration. |
| 5-Nov | Dispute between a licensee and the DPI relating to the information contained in an application for a licence. | Following negotiations with the parties and the involvement of the Privacy Commissioner, the matter was resolved. |
| 5-Dec | Dispute between two licensees. | The matter was investigated and advice given to the parties. |
| May-13 | Dispute between a licensee and the DPI concerning reporting on a licence. | Following intervention by the Mining Warden, the matter was resolved between the parties. |
| May-14 | Dispute between applicants for a licence and the DPI relating to the removal of one name from the application. | The Mining Warden ruled that the action proposed was a transfer and therefore in contravention of s. 17 of the Act. |
| May-15 | Dispute between a licensee and the DPI in relation to the non-progression to a full Environmental Effects Statement on a tailings treatment operation. | The licensee engaged consultants and agreed on a reporting procedure to progress the procedure. |
| May-17 | Dispute between an applicant for a licence and the DPI in relation to priority under s. 23 of the Act. | Following negotiations, the matter was resolved between the two competing applicants. |
| May-20 | A dispute between an applicant for a licence and the DPI in relation to the ability of the applicant to satisfy s. 15(6) of the Act. | Following an investigation, the Mining Warden ruled that the applicant did not satisfy the requirements of s. 15(6) and that the applications should be refused. |
| May-21 | A dispute between a transferee and the DPI. | Following an investigation, the Mining Warden ruled that the matter was outside the jurisdiction of the office and dismissed the plaint. |
| May-22 | A dispute between the holder of an exploration licence and the landowner (in this case the Department of Sustainability and Environment) in relation to the removal of tailings from the licence. | The Mining Warden ruled that the material was not the property of the licensee. However there was a serious issue in relation to the transport and use of potentially contaminated material. DSE has agreed to alter its procedures and is in negotiations with the EPA in relation to the operation. |
| May-23 | A dispute between a number of joint holders of a mining licence. | Following discussions with the licensees, the Mining Warden ruled that, although there were some legislative aspects to the case, the dispute was primarily commercial in nature and therefore outside the powers of his jurisdiction. |
| 6-Jan | A dispute between an applicant for a licence and the DPI in relation to the ability of the applicant to satisfy s. 15(6) of the Act. | Following an investigation, the Mining Warden ruled that the applicant did not satisfy the requirement of s. 15(6) and that the applications should be refused. |
| 6-Feb | Dispute between a licensee and a landholder concerning access to private land. | The dispute is ongoing and is yet to be resolved although the Mining Warden maintains continuing dialogue with the parties. |
| 6-Mar | Dispute between a licensee and a landholder concern access to private land. | Following discussions with the parties, the dispute was satisfactorily resolved. |
| 6-May | A landholder and the DPI in relation to the operations on a mining licence. | The Mining Warden ruled that much of the plaint received related to Ministerial Prerogative and was therefore outside his jurisdiction. However some other matters could be considered. The landowner was invited to revise the plaint in line with this advice. To date, no further communication has been received. |
| 6-Jun | Dispute between a licensee and a landholder concerning access to private land. | Negotiations are in progress between the parties although the matter is yet to be resolved. |
| 6-Jul | A dispute between two licensees centred around the ability of one of the licensees to comply with the provisions of s. 15(6) of the Act. | The Mining Warden ruled that the evidence provided was insufficient to establish a prima face case for a dispute and therefore dismissed the matter. |
| 6-Aug | A dispute between a licensee and the DPI in relation to an order made under s. 41AA of the Act. | The Mining Warden brought the parties together and a satisfactory agreement was entered into in relation to the matters in question. |
| 6-Sep | A dispute between an applicant for a licence and the DPI in relation to a proposal to cancel the application. | Following discussions with the applicant, he decided to withdraw the application. |
| 6-Oct | Arising from case 05/18, the matter of the renewal of a licence was raised with the Minister. | Negotiations have occurred between the Mining Warden and the DPI in relation to revising procedures associated with s. 29 of the Act. |
| 6-Nov | A dispute between a number of joint holders of a mining licence and the DPI. | Following the investigation into the matter, the Mining Warden ruled that much of the dispute is commercial in nature although some matters do relate to the administration of the Act by the Department. The licensees were invited to resubmit their plaint within the terms of the jurisdiction of the Mining Warden and, to date, this has not occurred. |
The following table summarises the nature and status of any matter referred to the Mining Warden under Section 98. This is prescribed by s. 105 (2) (b) of the Act.
| Case Number | Nature of the Referral | Outcome |
| Apr-15 | Reference from the Secretary of the Department of Primary Industries as to the ability of an applicant to satisfy s. 15(6) of the Act. | Following an intensive investigation, the Mining Warden reported to the secretary and made a series of recommendations in relation to the reference. |
| 5-May | Reference from the Secretary of the Department of Primary Industries as to the ability of an applicant to satisfy s. 15(6) of the Act. | Following an intensive investigation, the Mining Warden reported to the secretary and made a series of recommendations in relation to the reference. |
| 5-Oct | Reference from the Secretary of the Department of Primary Industries as to the ability of an applicant to satisfy s. 15(6) of the Act. | The investigation is ongoing and likely to be reported on this financial year. |
| May-16 | Reference from the Secretary of the Department of Primary Industries as to the ability of an applicant to satisfy s. 15(6) of the Act. | Following an intensive investigation, the Mining Warden reported to the secretary and made a series of recommendations in relation to the reference. |
| 6-Apr | The Mining Warden was requested by the Minister’s Office to provide advice in relation to possible changes to s. 15(6) of the Act | The advice was prepared and communicated to the Minister’s Office. |
As required by s. 100(2) (c), the following other activities were commenced, conducted or completed during the financial year 2006-07.
In addition to the matters arising from s. 97 and 98 of the Act, four legislative matters were considered, which arose from applications made under s. 25A of the Act.
| Case Number | Nature of the matter | Outcome |
|---|---|---|
| 05/18 | An application was made by an applicant for a small mining licence for its grant without the consent of the holder of the overlying exploration licence. | The Mining Warden recommended to the Minister that the waiver not be granted. |
| 05/19 | An application was made by an applicant for a small mining licence for its grant without the consent of the holder of the overlying exploration licence. | The Mining Warden recommended to the Minister that the waiver be granted. |
In the performance of the duties as Mining Warden, I believe that it is necessary to maintain strong links with various Government Departments, agencies and stakeholder groups. The following is a summary of the interactions between this office and such bodies
The Department of Primary Industries: The Office of the Mining Warden continues to maintain a good working relationship with the Department, particularly the Minerals and Petroleum Division. It is clearly understood by both sides that it is equally important to establish clear boundaries and limits to the relationship (as the Mining Warden may sit in adjudication on matters involving the Department); nevertheless the relationship can be described as constructive and cordial. Any formal requests made to the Department for assistance or information was promptly and efficiently complied with. The Minerals Policy Unit of the Department requested comment in relation to the revised Extractive Industries Development Act. This Office was formally involved in the consultation process.
Victoria Police: The Office of the Mining Warden continued to maintain a close relationship with Victoria Police through the period as part of the Local Area Protocol involving the employment of a Mining Industry Liaison Office based in Bendigo. In dealing with new applicants to the industry and through the processes of the Minerals and Petroleum Division of the Department of Primary Industries, the Victoria Police provided invaluable advice on the suitability of these persons. This office has called on the assistance of Victoria Police on numerous occasions in relation to inquiries. In addition, there has been a good relationship developed with Serious Crimes Investigation Unit, Drugs and Major Fraud Investigation Divisions as well as on-going liaison at the Regional Superintendent Level.
Towards the end of this financial year, Victoria Police reviewed the operations of the Mining Industry Liaison Officer and has decided to restructure the operation. In future, local crime will be dealt with at the local crime desk level and high level intelligence including co-operation with both DPI and the Mining Warden will come from their major crime network based at the St. Kilda Road Headquarters. The Office of the Mining Warden has initiated the creation of new protocols between the Minerals and Petroleum Division of the Department of Primary Industries and Victoria Police in the assessment of “fit and proper” checks of applicants for licences under the Act. I have received the highest level of assistance and co-operation from Victoria Police from any request for information or assistance that I have put to them.
Other Law Enforcement Agencies: Over the period, I have dealt with a number of agencies. These include the Australian Securities and Investment Commission, The Western Australian Gold Stealing Detection Unit, Western Australia Police Force, The Compliance Section of the Australian Stock Exchange, Consumer Affairs Victoria, Liquor Control Victoria, The Western Australian Department of Mines and Energy, The New South Wales Department of Minerals and Energy, Workcover Victoria and a number of local government councils. In all of these cases, a good rapport was established and any request for information or assistance was readily complied with.
Stakeholder Associations: Over the period, the Mining Warden and his staff have maintained a healthy and cordial relationship with the Minerals Councils of Australia (Victorian Division), The Prospectors and Miners’ Association of Victoria, the Natural Gypsum Producers Association of Victoria. Whilst it is necessary to keep the relationship at arms length, I have found that the association that has been established has been of great assistance in the overall performance of my duties.
On Site Inspections and Visits: Over the year, the Mining Warden has made a number of visits to mine sites and areas under investigation. These have included the coal mines in the Latrobe Valley, Fosterville Mining Operations, Mount Egerton, Bendigo Mining Operations, an inspection of the rehabilitation of the abandoned mine site at Benambra and Mount Alexander’s Castlemaine Goldfield operations.
Seminars and Presentations: Over the period, the Mining Warden attended a number of such events including the Melbourne Mining Club’s Cutting Edge Series of Presentations, the Annual Dinner of the Minerals Council of Australia (Victorian Division), the Stakeholders Forum organised by the Minerals and Petroleum Division, the VIMP launch organised by GeoScience Victoria and the Regulators Forum organised by Consumer Affairs Victoria. I have also attended a number of functions organised by the Department of Regional Development addressing the meetings as to the regulatory regime for mining in this State.
Inquiry into s. 45 of the Mineral Resources Development Act: I was invited to meet with Mr Simon Molesworth and Ms. Rosemary Martin who were conducting the inquiry into s. 45 on behalf of the Minister for Energy Industries and Resources. I believe that my input into this process was very productive and of great assistance to the committee in the formulation of their report on the subject.
Finally, I would like to publicly thank the Minister, the Hon Theo Theophanous for his support of this Office and to my staff for their loyalty and unreserved assistance. Further, I would like to thank all other persons and agencies that I have dealt with during the period for the respect shown and co-operation with this Office.
