❓ Hon Christine Sharp raises concerns about potential destruction of remnant forest at Riverslea Gardens due to a subdivision approval. The Minister declines to intervene under Section 43, citing an ongoing EPA assessment under Section 38 pending further information.
AnsweredQoN 404Legislative Council
QuestionView source ↗
(1) Given that 7.5 hectares of remnant forest is under imminent threat of destruction at Riverslea Gardens in Margaret River and that subdivision approval was given by the Western Australian Planning Commission on appeal prior to the inquiry by design process, will the minister, after consultation with the Environmental Protection Authority, use her discretionary powers under section 43 of the Environmental Protection Act to insist that the EPA undertake a formal assessment of Riverslea Gardens in Margaret River, for which subdivision approval 118799 was granted on 19 July 2002? (2) If not, why not? Hon TOM STEPHENS
AnswerView source ↗
The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
(2) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
(2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
(2) If not, why not? Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
Hon TOM STEPHENS replied: The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
The Minister for the Environment and Heritage has provided the following reply - (1) No. It would be premature for the minister to use the powers under section 43 of the Environmental Protection Act 1986 to request that the Environmental Protection Authority assess the proposal. (2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
(2) The proposal was referred to the EPA pursuant to section 38 of the Environmental Protection Act 1986 on 18 October 2002. The EPA is seeking further information on the proposal from the Department for Planning and Infrastructure and will not set a level of assessment until it has received the appropriate information. For this reason the minister considers that it would be inappropriate to request the EPA to assess the proposal until the required information has been received and properly considered by the EPA.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.