❓ A parliamentary question regarding a clearing permit approved by the Department of Mines and Petroleum (DMP) after previous refusals by the Department of Environment and Conservation (DEC) and DMP, focusing on consultation processes and reasons for the differing decisions. The answer clarifies timelines, highlights the role of offsets negotiated with the Department of Water, and confirms inter-departmental consultation.
AnsweredQoN 5490Legislative Council
QuestionView source ↗
I refer to clearing permit 4187/2 issued by the Department of Mines and Petroleum (DMP) on 22 September 2011 for the purposes of sand mining on Mining Lease 70/836, and I ask –
(1) Did the DMP have any record that the Department of Environment and Conservation (DEC) had refused a clearing permit for this same land in 2004 and 2009?
(2) If yes to (1), what factors, if any, about the application submitted to the DMP were different to that submitted to the DEC in 2004 or 2009?
(3) If yes to (1), why did the DMP approve the permit where the DEC had not?
(4) Is there a process by which the DMP consults with the DEC to ensure that environmental priorities of both departments match?
(1) Did the DMP have any record that the Department of Environment and Conservation (DEC) had refused a clearing permit for this same land in 2004 and 2009?
(2) If yes to (1), what factors, if any, about the application submitted to the DMP were different to that submitted to the DEC in 2004 or 2009?
(3) If yes to (1), why did the DMP approve the permit where the DEC had not?
(4) Is there a process by which the DMP consults with the DEC to ensure that environmental priorities of both departments match?
AnswerView source ↗
Answered
12 June 2012
Responded by
Minister for Mines and Petroleum
Response time
42 days
(1) Yes. As a point of correction, clearing permit application (CPS 365/1) was refused by the Department of Environment and Conservation (DEC) in 2007, not in 2004. Clearing permit application (CPS 2962/1) was refused by the Department of Mines and Petroleum (DMP) in 2009 and not by DEC.
(2) Following an appeal against the refusal of clearing permit application (CPS 2962/1), the Minister for Environment dismissed the appeal but noted that the applicant should negotiate offsets to the satisfaction of the Department of Water (DoW) before lodging a new application.
Clearing permit application (CPS 4187/2) contained a 12 hectare offset which was endorsed by DoW.
(3) Clearing permit application (CPS 4187/2) was approved by DMP as an acceptable offset was developed.
(4) Yes. DMP consults with DEC through an Administrative Agreement which supports the delegation under section 20 of the
Environmental Protection Act 1986
.
The Administrative Agreement establishes a process for both agencies to work cooperatively in applying consistent environmental standards in the management of clearing permit applications.
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(2) Following an appeal against the refusal of clearing permit application (CPS 2962/1), the Minister for Environment dismissed the appeal but noted that the applicant should negotiate offsets to the satisfaction of the Department of Water (DoW) before lodging a new application.
Clearing permit application (CPS 4187/2) contained a 12 hectare offset which was endorsed by DoW.
(3) Clearing permit application (CPS 4187/2) was approved by DMP as an acceptable offset was developed.
(4) Yes. DMP consults with DEC through an Administrative Agreement which supports the delegation under section 20 of the
Environmental Protection Act 1986
.
The Administrative Agreement establishes a process for both agencies to work cooperatively in applying consistent environmental standards in the management of 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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