Scott Ludlam (WA, Australian Greens) Share this | Link to this | Hansard source

asked the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, upon notice, on 29 June 2011:

In regard to the Horizontal Waterfalls of the Kimberley, Western Australia:

  (1)   Are the environmental and/or cultural values of the Horizontal Waterfalls and surrounds currently being assessed for heritage listing by the Minister.

  (2)   Would any proposed exploration, clearing or mining in the Horizontal Waterfalls area require federal environmental assessment under the Environment Protection and Biodiversity Conservation Act 1999 (the Act).

  (3)   Are there any reasons why environmentally sensitive areas in the immediate vicinity of the Horizontal Waterfalls, including near-coastal habitats of Poulton Creek and Cyclone Creek, would be exempt from requiring a clearing permit.

  (4)   Can the department confirm that the proposed exploration area by Pegasus Metals Limited is adjacent to environmentally sensitive near-coastal areas around the Horizontal Waterfalls, which include Poulton Creek and Cyclone Creek.

  (5)   Has Pegasus Metals referred to the Minister any of the following in relation to their Horizontal Falls tenements:

  (a)   exploratory/preparatory work plans;

  (b)   any mining plans, including the clearing of native vegetation; or

  (c)   details of possible impacts on listed species/communities;

     if so, can details be provided; if not, will the Minister call in the proposal (under the Act) given the significance of the Horizontal Waterfalls and surrounds.

  (6)   Can the department confirm whether Pegasus Metals flew fuel and heavy equipment into the Horizontal Waterfalls area during May 2011.

Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Link to this | Hansard source

The Minister for Sustainability, Environment, Water, Population and Communities has provided the following answer to the honourable Senator’s question:

(1)   Yes. They form part of the West Kimberley national heritage place currently under assessment.

(2)   Any actions that are likely to have a significant impact on a matter of national environmental significance must be referred to the Minister for the Environment for assessment and approval. If the proposed exploration, clearing or mining activities were likely to have a significant impact, they would require referral and assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

(3)   Clearing permits are a requirement under state legislation administered by the Western Australia Department of Environment and Conservation. I am therefore unable to comment on this question.

(4)   The Western Australian State Government approved an exploratory drilling program in an area to the southeast of Talbot Bay, where the Horizontal Waterfalls are located. Poulton Creek and Cyclone Creek are adjacent to this area.

(5)   

  a.   No.

  b.   No.

  c.   No.

While the above matters have not been formally referred under the EPBC Act, I am advised that Pegasus Metals Limited has had pre-referral discussions with the Department of Sustainability, Environment, Water, Population and Communities about the mining proposal. I have also been advised that Pegasus Metals Limited has been informed of its obligation under the EPBC Act and has indicated that it is aware of these requirements.

(6)   No, the department is not able to confirm whether or not Pegasus Metals transported fuel and heavy equipment during May 2011. Any regulatory requirements in relation to such activity would be a matter for the State, not the Commonwealth government.