❓ A parliamentary question seeks clarification on Derek Carew-Hopkins' role in the Coral Coast Marina Development decision-making process, specifically regarding his delegated powers under the Environmental Protection Act 1986. The Minister's response details his administrative functions and clarifies he doesn't make final decisions.
AnsweredQoN 446Legislative Council
QuestionView source ↗
(1) With regard to the Coral Coast Marina Development proposal for Mauds Landing, does Mr Derek Carew-Hopkins have a role to play in the Government’s decision-making process? (2) If so, what is his role, and by what authority is it given? Hon TOM STEPHENS
AnswerView source ↗
The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(2) If so, what is his role, and by what authority is it given? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(2) If so, what is his role, and by what authority is it given? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The Minister for the Environment and Heritage has provided the following response - (1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(1) Yes. (2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(2) Mr Carew-Hopkins, who is the appeals convener, received a delegation on 26 November 1993 pursuant to section 18 of the Environmental Protection Act 1986, from Hon K.J. Minson, the then Minister for the Environment. Under that delegation, Mr Carew-Hopkins has the following delegated powers in relation to an appeal - (a) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection and the Environmental Protection Authority to report on an appeal pursuant to section 106(1)(a) of the Act; and (b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(b) the power of the minister to request the Chief Executive Officer of the Department of Environmental Protection to consider the appeal and to consult the appellant, and any other appropriate person, to determine whether the point at issue in the appeal can be resolved, pursuant to section 106(1)(b) of the Act. The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The delegation was published on page 3569 of the Government Gazette on 15 July 1994 and was notified to the Legislative Assembly on 27 May 1997 by Mrs C.L. Edwardes MLA, the then Minister for the Environment. Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
Mr Carew-Hopkins also follows the administrative procedures that were established on 29 March 1996 by Hon Peter Foss MLC, the then Minister for the Environment, to satisfy requirements of the Act on the minister’s behalf, which are as follows - (a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(a) to serve copies of the minister’s statement about whether the proposal may be implemented and the conditions and procedures to which that implementation was subject on various parties pursuant to section 45(5)(a) of the Act. (b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
(b) to cause notice in relation to the assessment of a proposal to be served on decision-making authorities pursuant to section 45(7) of the Act. The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
The above functions are all administrative functions that do not involve Mr Carew-Hopkins determining an appeal or deciding whether a proposal will be implemented, or determining the conditions and procedures to which the implementation will be subject. The relevant ministers and the Governor in Executive Council exercise those functions under sections 45(1)(a), 45(2), 107(2) and 109(3)of the Act. As a public sector employee, Mr Carew-Hopkins may also provide advice to the Minister for the Environment about these matters. However, he does not make any decisions.
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