❓ Question regarding the central record collection of clearing permit applications and outcomes under the Environmental Protection Act 1986, focusing on data collection, access, and consistency in decision-making across departments.
AnsweredQoN 5491Legislative Council
QuestionView source ↗
I refer to clearing permits issued under the
Environmental Protection Act 1986
and assessed by any of the agencies or departments entitled to do so, and I ask -
(1) Is there any central record collection of clearing permit applications and outcomes made under the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
?
(2) If yes to (1), do all departments authorised to approve clearing permit regulations under the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
have access to this record collection?
(3) For rejected clearing applications, what data is collected and stored in that database?
(4) Is the information in (3) available to other departments?
(5) If no details are collected about rejected applications, how does the Department of Environment and Conservation ensure equal decision making by all departments responsible for land clearing permits?
(6) Is the applicant for a land clearing permit required to submit details about previous applications regarding the same land?
(7) If no to (6), why not?
(8) If yes to (6), under what circumstance can a proponent, who was refused a clearing permit by one department, successfully apply to another department and have that application approved?
(9) Is it currently possible for a proponent refused a clearing permit by one department, to apply to another department and have that application approved?
Environmental Protection Act 1986
and assessed by any of the agencies or departments entitled to do so, and I ask -
(1) Is there any central record collection of clearing permit applications and outcomes made under the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
?
(2) If yes to (1), do all departments authorised to approve clearing permit regulations under the
Environmental Protection (Clearing of Native Vegetation) Regulations 2004
have access to this record collection?
(3) For rejected clearing applications, what data is collected and stored in that database?
(4) Is the information in (3) available to other departments?
(5) If no details are collected about rejected applications, how does the Department of Environment and Conservation ensure equal decision making by all departments responsible for land clearing permits?
(6) Is the applicant for a land clearing permit required to submit details about previous applications regarding the same land?
(7) If no to (6), why not?
(8) If yes to (6), under what circumstance can a proponent, who was refused a clearing permit by one department, successfully apply to another department and have that application approved?
(9) Is it currently possible for a proponent refused a clearing permit by one department, to apply to another department and have that application approved?
AnswerView source ↗
Answered
12 June 2012
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
42 days
(1)-(2) Yes
(3) Data collected includes, but is not limited to, application details, property and land ownership details, assessment of the native vegetation under application, the application decision and any subsequent appeals.
(4) Yes. The Department of Mines and Petroleum (DMP), in administering the clearing provisions under the
Environmental Protection Act 1986
for mining and petroleum purposes under its delegation, uses the same database as the Department of Environment and Conservation (DEC).
(5) Not applicable
(6) No
(7) There is no legal requirement for applicants to provide information on previous applications. However, historical records relating to clearing under the Environmental Protection Act are retained by DEC and DMP.
(8) Not applicable
(9) Yes. Each application is considered on its merits. It is possible that an applicant may resubmit an application which addresses the impacts identified in the refused application. DEC and DMP both assess clearing permit applications in accordance with the requirements under the Environmental Protection Act.
Both departments use the same database that stores historical data on clearing permit applications.
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(3) Data collected includes, but is not limited to, application details, property and land ownership details, assessment of the native vegetation under application, the application decision and any subsequent appeals.
(4) Yes. The Department of Mines and Petroleum (DMP), in administering the clearing provisions under the
Environmental Protection Act 1986
for mining and petroleum purposes under its delegation, uses the same database as the Department of Environment and Conservation (DEC).
(5) Not applicable
(6) No
(7) There is no legal requirement for applicants to provide information on previous applications. However, historical records relating to clearing under the Environmental Protection Act are retained by DEC and DMP.
(8) Not applicable
(9) Yes. Each application is considered on its merits. It is possible that an applicant may resubmit an application which addresses the impacts identified in the refused application. DEC and DMP both assess clearing permit applications in accordance with the requirements under the Environmental Protection Act.
Both departments use the same database that stores historical data on clearing permit applications.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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