[ [2015]WAMW 11 ]

JURISDICTION : MINING WARDEN

LOCATION : PERTH

CITATION : PRIMA RESOURCES PTY LTD v BARTHOLOMAEUS& SHARP

CORAM : WARDEN A MAUGHAN

HEARD : IN CHAMBERS

DELIVERED : 10 July 2015

FILE NO/S OBJECTION NO.454136 & 453769 TOAPPLICATION FOR EXPLORATION LICENCENO.70/4648

TENEMENT NO/S : E 70/4648

BETWEEN : PRIMA RESOURCES PTY LTD(Applicant)

AND

WILLIAM NEIL BARTHOLOMAEUSJULIAN BRYAN SHARP(Objectors)

Catchwords: Application for Exploration Licence -Application non-compliant-Turns on own facts

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Legislation:

• Mining Act 1978• Environmental Protection Act.

Cases referred to:

• Darling Range South Pty Ltd v Ferrell and Others [2012] WAMW12

Result:

Recommendation that Application for Exploration Licence be refused.

Representation:

Counsel:

ObjectorApplicant

Solicitors:

ObjectorApplicant

SelfSelf

N/AN/A

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Introduction

i. Prima Resources Pty Ltd makes application for Exploration Licence 70/4648.

The area applied for by the applicant is 30 blocks. Those blocks are located in

the locality of Manjimup in the southwest of Western Australian. In support

of the application for the exploration licence the applicant relies upon the

affidavits of Michael John Shenton dated the 23rd of December 2014 and 24

March 2015.

. Julian Bryan Sharp and William Neil Bartholomaeus (collectively referred to

as the objectors) have lodged objections to the granting of the Exploration

Licence. The basis of the objection to the application for the Exploration

Licence can generally be summarised as falling into issues concerned with the

impact on the environment, particularly horticulture and agriculture. In

support of their objections the objectors have filed the following documents:

• Statutory declaration William Neil Bartholomaeus 29th of April 2015

and annexures thereto;

• Letters, Julian Sharp 7th January 2015 and 23rd of April 2015; and

• Affidavit (in name only} Ronald John Renton 23rd of April 2015.

The Method of the Determination

. The parties have agreed that this application ought to be determined on the

papers which have been filed in the proceedings.

. Section 135 of the Mining Act 1978 provides:

"135. Summary determination by warden by consent

(1) Upon the request in writing of all parties to a dispute relating to a matterwithin the jurisdiction of a warden's court, the warden's court may hearand determine the question in dispute forthwith or at any time or placewhich it may appoint without requiring any formal proceedings to betaken.

An order made by the warden's court in a case to which subsection (1)refers has the same force and effect as if made upon formal proceedingsin the court, and the order is final and conclusive, and not subject toappeal."

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The agreement by the parties to have the matters determined on the papers

was formalised by an order of Warden Zempilas made on the 8th of May 2015.

The Applicable law

o The section 58 of Mining Act 1978 (the Act) provides inter-alia;

Application for exploration licence

An application for an exploration licence --

(a) shall be in the prescribed form; and

(b) shall be accompanied by a statement specifying --

(i) the proposed method of exploration of the area in respect ofwhich the licence is sought; and

(ii) the details of the programme of work proposed to be carriedout in such area; and

(iii) the estimated amount of money proposed to be expended onthe exploration; and

(iv) the technical and, subject to subsection (laa), financialresources available to the applicant;

and

Evidence of the Applicant

, Michael Shenton's affidavit dated the 24th of March 2015 sets out his

qualifications as a Bachelor of Science Civil Engineering, Associate Member of

the Institute of Engineers, Chartered Professional Engineer - WA.

° He states that he has a number of years working experience in bauxite and

alumina industry - 9 years. He annexes to his affidavit a "Prima Resources

Exploration Plan". That plan sets out the following matters relevant to

Section 58(1)(b)(i) and {ii) of the Act:

"1. Prima has lodged an application for an Exploration Licence:

Exploration Licence: 70/4648

2. Area of Land Required for 25 Yrs Operations - 600 Ha

(no native forest areas included in resource area)

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3. Area of Land offered by Local Farmers/Landholders to Prima for the

Minesite/Exploration - 900 Ha ...

4. Exploration Plan to confirm Resource:

Area of Exploration - 900 Ha

100m x 100m drill pattern

Total No of Holes - 900

Minimum depth 10m

Exploration to be planned over 3 x Years

Chemical Analysis by: SGS Australia Pty Ltd, Newburn, WA 6105

5. Preliminary Trial Pits and Chemical Analysis already completed".

The principal target mineral is bauxite.

The application is otherwise silent as to the matters required to be addressed

under section 58(1)(b)(iii) of the Act. That is, the proposal sets out no

estimated amount of money proposed to be expended on the exploration.

Furthermore the application is deficient in respect to section 5ÿ8(1)(b){iv) of the

Act in that it does not set out the financial resources available to applicant to

enable them to carry out the planned exploration.

, It follows from the above deficiencies, that a favourable recommendation to

the Minister cannot be made.

10. In the event that the application had been fully compliant, I wish to make

some brief, preliminary, non-determinative observations in relation to the

objections lodged by the objectors.

11. William Neil Bartholomaeus is an owner and occupant of agricultural land at

Jardee in the Shire of Manjimup. He objects to the application on the basis

that the proposed surface mining for bauxite is incompatible for purposes and

values associated with land zoned Priority Agriculture. Much of the land

subject to the application E 70/4648 is zoned Priority Agriculture.

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Similarly Julian Bryan Sharp in his summary of reasons for objection dated

the 23rd of April 2015 states:

"Prima Resources Pty Ltd state in their project description, available on theirwebsite, that they will require 2350 megalitres (2.35 gigalitres) of water per yearfor their proposed mining operation and 'metals processing facility'. By anyestimate this is a very large amount of water. If this water is allocated formining and heavy industrial purposes, it will be at the expense of the irrigatedagriculture in the Manjimup region .... "

13. In his decision the Darling Range South Pty Ltd v Ferrell and Others

[2012] WAMWl2 Warden Wilson made the following observations in relation

to the grounds of objection similar to those raised by the present objectors:

"There remain in the matters of public interest pursuant to section 111A of theAct that cause me to conclude there are significant environmental issues thatcannot, at this time, be addressed by imposition of appropriate conditions if theapplications for E's were to be recommended, for grant by the Hon. Minister. Theland over which the applicants for E's are located is in part high quality privatefarm land and is highly productive and will remain so for years to come. Theapplication for E's are located in part in the areas of State Forrest and Reservesthat plays the important role of the environment of the surrounding private farmland and other businesses in the area."

14. There is no satisfactory evidence before me which would enable me to

conclude there has been a proper investigation of the proposal of the

applicant upon all aspects of the environment as defined by section 3(1) and

(2) of the Environmental Protection Act 1986.

15. Order:- I recommend to the Honourable Minister that the application for

Exploration Licence 70/4648 to be refused.

J

Andrew Maughan /

Warden __ÿ

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