❓ A parliamentary question regarding the advice received by the Minister for Environment prior to approving changes to conditions for transporting lead carbonate through Fremantle Port. The Minister provides detailed responses, including dates of advice and departments consulted.
AnsweredQoN 425Legislative Council
QuestionView source ↗
(1) Prior to approving the abovementioned proposal, did the Minister receive formal and written advice supporting the proposal from, -
(a) the Solicitor General's office;
(b) senior officers from any of her Departments, Authorities, Agencies;
(c) senior officers from the Port of Esperance;
(d) senior officers from the Port of Fremantle;
(e) senior officers from the City of Fremantle;
(f) the Mayor of Fremantle; and
(g) senior officers from any Departments and/or Agencies of other Ministers?
(2) If no to (1), why not?
(3) If yes to (1), when did you receive the final advice from each of them?
(4) If yes to (1)(b), which were those Departments, Agencies?
(5) If the answer to question (1)(g) is no, when will the Minister hold consultations on the matter with the senior officers of other relevant Departments and/or Agencies and/or seek their advice?
(6) Prior to approving the abovementioned proposal, have any senior officers from any of the Minister's Departments and/or Agencies held formal consultations with any senior officers from any Departments and/or Agencies of other Ministers?
(7) If no to (6), -
(a) why not;
(b) when will such consultations take place; and
(c) which departments will be involved in those consultations that are to take place?
(a) the Solicitor General's office;
(b) senior officers from any of her Departments, Authorities, Agencies;
(c) senior officers from the Port of Esperance;
(d) senior officers from the Port of Fremantle;
(e) senior officers from the City of Fremantle;
(f) the Mayor of Fremantle; and
(g) senior officers from any Departments and/or Agencies of other Ministers?
(2) If no to (1), why not?
(3) If yes to (1), when did you receive the final advice from each of them?
(4) If yes to (1)(b), which were those Departments, Agencies?
(5) If the answer to question (1)(g) is no, when will the Minister hold consultations on the matter with the senior officers of other relevant Departments and/or Agencies and/or seek their advice?
(6) Prior to approving the abovementioned proposal, have any senior officers from any of the Minister's Departments and/or Agencies held formal consultations with any senior officers from any Departments and/or Agencies of other Ministers?
(7) If no to (6), -
(a) why not;
(b) when will such consultations take place; and
(c) which departments will be involved in those consultations that are to take place?
AnswerView source ↗
Answered
6 May 2009
Responded by
Minister for Environment
Response time
48 days
Answer
(1) For the purposes of clarity my decision of 2 February 2009 was to approve a change to the conditions applying to the proposal to transport lead carbonate through the Port of Fremantle. As the question correctly notes, this decision was made pursuant to section 46 of the
Environmental Protection Act 1986
, which relates to changing the conditions of a proposal, not the proposal itself. Accordingly, the reference to "proposal" in the question shall be taken to be a reference to "conditions". Note also that legal advice was obtained in relation to this matter, which is not identified due to legal privilege.
(a) No
(b) Yes
(c) No
(d) Yes
(e) No
(f) No
(g) Yes
(2) The Esperance Port Authority and the Solicitor General are not decision making authorities in relation to the export of lead through the Port of Fremantle. I understand that both the City of Fremantle and the Mayor of the City of Fremantle oppose the transport of lead carbonate through the Port of Fremantle.
(3) Senior officers from my Departments, Authorities, Agencies:
· Environmental Protection Authority: 8 January 2009; 27 January 2009; 2 February 2009 (EPA Report 1314)
· Department of Environment and Conservation: 14 November 2008;
· Office of the Appeals Convenor: 15 December 2008; 16 January 2009
· Port of Fremantle: 3 November 2008
Senior officers from any Departments and/or Agencies of other Ministers:
· Department of Health: 3 October 2008
· Minister for Health: 10 November 2008
· Minister for Transport: 4 December 2008; 2 February 2009
· Minister for Mines and Petroleum: 10 November 2008; 2 February 2009
· Minister for Emergency Services: 10 November 2008; 2 February 2009
· Minister for Water: 2 February 2009
· Minister for Commerce: 20 November 2008
(4) The Environmental Protection Authority, Department of Environment and Conservation, and the Office of the Appeals Convenor.
(5) Not applicable
(6) Yes
(7a-c) Not applicable
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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(1) For the purposes of clarity my decision of 2 February 2009 was to approve a change to the conditions applying to the proposal to transport lead carbonate through the Port of Fremantle. As the question correctly notes, this decision was made pursuant to section 46 of the
Environmental Protection Act 1986
, which relates to changing the conditions of a proposal, not the proposal itself. Accordingly, the reference to "proposal" in the question shall be taken to be a reference to "conditions". Note also that legal advice was obtained in relation to this matter, which is not identified due to legal privilege.
(a) No
(b) Yes
(c) No
(d) Yes
(e) No
(f) No
(g) Yes
(2) The Esperance Port Authority and the Solicitor General are not decision making authorities in relation to the export of lead through the Port of Fremantle. I understand that both the City of Fremantle and the Mayor of the City of Fremantle oppose the transport of lead carbonate through the Port of Fremantle.
(3) Senior officers from my Departments, Authorities, Agencies:
· Environmental Protection Authority: 8 January 2009; 27 January 2009; 2 February 2009 (EPA Report 1314)
· Department of Environment and Conservation: 14 November 2008;
· Office of the Appeals Convenor: 15 December 2008; 16 January 2009
· Port of Fremantle: 3 November 2008
Senior officers from any Departments and/or Agencies of other Ministers:
· Department of Health: 3 October 2008
· Minister for Health: 10 November 2008
· Minister for Transport: 4 December 2008; 2 February 2009
· Minister for Mines and Petroleum: 10 November 2008; 2 February 2009
· Minister for Emergency Services: 10 November 2008; 2 February 2009
· Minister for Water: 2 February 2009
· Minister for Commerce: 20 November 2008
(4) The Environmental Protection Authority, Department of Environment and Conservation, and the Office of the Appeals Convenor.
(5) Not applicable
(6) Yes
(7a-c) Not applicable
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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