❓ Question regarding Fortescue Metals Group's Eliwana Railway works and whether it circumvents environmental impact assessments. The Minister clarifies the EPA's role and refers questions on Aboriginal Affairs to the relevant Minister.
AnsweredQoN 1397Legislative Council
QuestionView source ↗
I refer to Fortescue Metals Group (FMG) recent minor or preliminary works application to the Environmental Protection Authority (EPA) under section 41A(3) of the Environmental Protection Act 1986 for their Eliwana Railway works, and I ask: (a) is the Minister satisfied that the major works specified in the FMG application meets the definition of 'minor or preliminary works' under section 41A(3) of the Environmental Protection Act 1986 : (i) if yes to (a), why; and (ii) if no to (a), why not; (b) does section 41A(3) permit under the Environmental Protection Act 1986 provide FMG with the ability to circumvent the appropriate level of investigation with regard to the environmental impacts of the project: (i) if no to (b), why not; and (ii) if yes to (b), does this concern the Minister: (A) if no to (b)(ii), why not; and (B) if yes to (b)(ii), what will the Minister and the Department of Water and Environmental Regulation do to ensure the appropriate level of investigation is carried out; (c) can the Minister confirm that the works described in the section 41A(3) application that intersect Duck Creek will require section 18 consent from the Minister for Aboriginal Affairs?
AnswerView source ↗
Answered
21 August 2018
Responded by
Minister for Environment
Response time
9 days
(a)(i)–(ii) Section 41A(3) of the Environmental Protection Act 1986 allows the Environmental Protection Authority (EPA) to consent to minor and preliminary works. It is not a decision for the Minister for Environment. I understand that the EPA is currently considering this matter.
(b) No
(b)(i) A proponent seeking approval to undertake minor and preliminary works under section 41A(3) of the Environmental Protection Act 1986 must provide the EPA with information in accordance with section 3.5.1.2 of the Environmental Impact Assessment (Part IV Divisions 1 and 2) Procedures Manual. This includes:
In order to provide this information to the satisfaction of the EPA, a proponent would be required to conduct an appropriate level of investigation.
(b)(ii) Not applicable
(A) Not applicable
(B) Not applicable
(C) Matters relating to the implementation of section 18 of the Aboriginal Heritage Act 1972 should be directed to the Minister for Aboriginal Affairs.
(b) No
(b)(i) A proponent seeking approval to undertake minor and preliminary works under section 41A(3) of the Environmental Protection Act 1986 must provide the EPA with information in accordance with section 3.5.1.2 of the Environmental Impact Assessment (Part IV Divisions 1 and 2) Procedures Manual. This includes:
In order to provide this information to the satisfaction of the EPA, a proponent would be required to conduct an appropriate level of investigation.
(b)(ii) Not applicable
(A) Not applicable
(B) Not applicable
(C) Matters relating to the implementation of section 18 of the Aboriginal Heritage Act 1972 should be directed to the Minister for Aboriginal Affairs.
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