❓ Hon Dee Margetts questions the Water and Rivers Commission's discretionary powers to prevent actions causing significant environmental damage. The Minister confirms the Commission has some powers but refers to the Environmental Protection Act as the primary source.
AnsweredQoN 686Legislative Council
QuestionView source ↗
I refer to the discretionary powers of the Water and Rivers Commission. Are there any circumstances in which the Water and Rivers Commission can or will act to prevent an action that could cause enormous environmental damage? Hon TOM STEPHENS
AnswerView source ↗
The Minister for the Environment and Heritage has provided the following reply. Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply. Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
The Minister for the Environment and Heritage has provided the following reply. Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply. Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
The Minister for the Environment and Heritage has provided the following reply. Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
Yes, there are certain circumstances in which the Water and Rivers Commission will act. The Water and Rivers Commission has powers under the Rights in Water and Irrigation Act 1914, the Waterways Conservation Act 1976 and various other Acts relating to the provision of water supply and drainage services. Each of those Acts allows the commission to make decisions and to take action to prevent or regulate activities that may cause environmental damage. If an activity for which approval is sought from the commission is likely to cause significant environmental damage, the commission is bound to refer the request for approval to the Environmental Protection Authority for assessment. However, it is not always within the scope of the commission’s powers to take action solely on the basis that an activity is causing environmental damage. The Environmental Protection Act 1986, administered by the Department of Environmental Protection, is the primary source of power for this purpose. The member may be aware that the commission and the Department of Environmental Protection operate administratively as a single agency, which facilitates the choice of suitable legislation for environmental protection purposes. If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
If the member has a particular case in mind, I would be pleased to seek specific information to assist her.
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