Inspectors from the Department of Mines, Petroleum and Exploration (DMPE) have issued a Stop Work Order to a tenement holder after identifying environmental non-compliance.
Failure to comply with a Stop Work Order is an offence and may result in prosecution.
Under the Mining Act 1978 (the Act), DMPE inspectors can issue a Stop Work Order when a tenement holder fails to comply with the Act, mining tenement conditions or the Mining Regulations 1981, and where the non-compliance has the potential to cause significant adverse environmental impacts.
In May, DMPE Environmental Officers inspected a mining operation in the Phillips River region and observed groundwater being discharged into an area of native vegetation. The discharged groundwater was elevated in salinity, had inundated topsoil stockpiles required for rehabilitation and was adversely impacting native vegetation. Officers also found that the discharged groundwater had impacted areas outside the boundary of the project’s approved disturbance envelope.
Within three working days, DMPE issued a Stop Work Order requiring the tenement holder to cease discharge by 5pm that day.
A DMPE Senior Inspector subsequently visited the site to confirm that the tenement holder had complied with the order.
DMPE officers used satellite imagery, including Normalized Difference Moisture Index (NDMI) data, to identify that the discharge had first occurred approximately two months prior to the first inspection, and the affected area was 23 hectares.
The tenement holder’s explanation for the non-compliance was that they lacked the capacity to store excess groundwater within their existing facilities and chose to discharge the groundwater to enable mining to continue. The tenement holder did not contact DMPE prior to commencing discharge.
When unexpected situations arise during mining, tenement holders must take action to ensure that they comply with tenement conditions. It is recommended that contact with the department is made immediately.
DMPE will take swift regulatory action where tenement holders deliberately disregard tenement conditions and approval requirements. Failure to report environmental incidents and potential non-compliances to the department promptly may constitute an additional breach of conditions.
Department officers have extensive experience responding to changing mining circumstances and will work with compliant operators to identify solutions that support ongoing operations while maintaining compliance. The department's environmental contact information is also online.
In some cases, expedited approvals options may be available. More information can be found under ‘urgent assessments’ in the Environmental Application Administration Procedures document.
Further guidance on environmental non-compliances and incident reporting is available on our website.
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