❓ Hon Giz Watson questions the decision-making process between the EPA and the Minister of Indigenous Affairs regarding environmental impact assessments and Aboriginal cultural heritage. The Minister clarifies the EPA's assessment authority and the constraints on other decision-makers during the assessment process.
AnsweredQoN 426Legislative Council
QuestionView source ↗
(1) Is it correct in part nine, ten and eleven of question on notice No. 5913, asked of the Minister for Environment, that the Environmental Protection Authority (EPA) cannot make a decision in respect of projects until advice has been received whether a proposal can be assessed?
(2) If yes to (1), at what level, once the Aboriginal Cultural Material Committee (ACMC) has provided advice on the application?
(3) Is it correct as stated by the Minister of Indigenous Affairs that as the EPA had not completed an environmental impact assessment under the provisions of the
Environmental Protection Act 1986
the Minister was not authorised by law to make such a section18 decision, after the ACMC had met and made a recommendation to the Minister?
(4) Will the Minister outline the correct chronology of decision making in respect of her Department on these issues?
(2) If yes to (1), at what level, once the Aboriginal Cultural Material Committee (ACMC) has provided advice on the application?
(3) Is it correct as stated by the Minister of Indigenous Affairs that as the EPA had not completed an environmental impact assessment under the provisions of the
Environmental Protection Act 1986
the Minister was not authorised by law to make such a section18 decision, after the ACMC had met and made a recommendation to the Minister?
(4) Will the Minister outline the correct chronology of decision making in respect of her Department on these issues?
AnswerView source ↗
Answered
5 May 2009
Responded by
Minister for Environment
Response time
47 days
It should be noted that question on notice No. 5913 and question without notice No. 455 were asked of Ministers of the previous Government.
(1) No, the Environmental Protection Authority (EPA) is not constrained under the
Environmental Protection Act 1986
from making a decision as to whether or not a proposal should be assessed, and if assessed as to the level of assessment of a proposal, of a proposal if it is properly referred to the EPA. However, to ensure the appropriate decision is made as to whether to assess a proposal and as to the level of assessment, the EPA requires adequate information. To that extent, the EPA may seek advice from others, for example the Aboriginal Cultural Material Committee.
(2) Not applicable.
(3) When the EPA has determined that a proposal is to be assessed under Part IV section 41 of the
Environmental Protection Act 1986,
the Minister for Indigenous Affairs is not to make a decision that could have the effect of causing or allowing the proposal to be implemented. Further, pursuant to section 41(3), any decision making authority who has received notice from the EPA under section 39A(3)(c) or (4) that a proposal is going to be assessed is similarly constrained from making such a decision. These decision making authorities are constrained until the EPA's decision to assess the proposal is overturned on appeal or an authority from the Minister for Environment is served under section 45(7) of the Act.
(4) See the response to (3)
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(1) No, the Environmental Protection Authority (EPA) is not constrained under the
Environmental Protection Act 1986
from making a decision as to whether or not a proposal should be assessed, and if assessed as to the level of assessment of a proposal, of a proposal if it is properly referred to the EPA. However, to ensure the appropriate decision is made as to whether to assess a proposal and as to the level of assessment, the EPA requires adequate information. To that extent, the EPA may seek advice from others, for example the Aboriginal Cultural Material Committee.
(2) Not applicable.
(3) When the EPA has determined that a proposal is to be assessed under Part IV section 41 of the
Environmental Protection Act 1986,
the Minister for Indigenous Affairs is not to make a decision that could have the effect of causing or allowing the proposal to be implemented. Further, pursuant to section 41(3), any decision making authority who has received notice from the EPA under section 39A(3)(c) or (4) that a proposal is going to be assessed is similarly constrained from making such a decision. These decision making authorities are constrained until the EPA's decision to assess the proposal is overturned on appeal or an authority from the Minister for Environment is served under section 45(7) of the Act.
(4) See the response to (3)
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
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