❓ A parliamentary question probes the Premier's decision-making process regarding the Coral Coast Marina Development, focusing on compliance with the Environmental Protection Act and consultation with relevant authorities. The response defends the Premier's actions, citing adherence to the Act.
AnsweredQoN 1395Legislative Council
QuestionView source ↗
I refer to the Premier’s decision on the Coral Coast Marina Development proposal. (1) Is the Premier aware that section 45 of the Environmental Protection Act that covers procedures for deciding and implementing proposals states that the environment minister shall consult other decision-making authorities and reach agreement with them on whether a proposal may be implemented? (2) Did the Premier have delegation to make decisions on behalf of other decision-making authorities, particularly the Minister for Planning and Infrastructure; if so, when was such delegation granted? (3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE
AnswerView source ↗
(1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(1) Is the Premier aware that section 45 of the Environmental Protection Act that covers procedures for deciding and implementing proposals states that the environment minister shall consult other decision-making authorities and reach agreement with them on whether a proposal may be implemented? (2) Did the Premier have delegation to make decisions on behalf of other decision-making authorities, particularly the Minister for Planning and Infrastructure; if so, when was such delegation granted? (3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(2) Did the Premier have delegation to make decisions on behalf of other decision-making authorities, particularly the Minister for Planning and Infrastructure; if so, when was such delegation granted? (3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(4) Not applicable.
(1) Is the Premier aware that section 45 of the Environmental Protection Act that covers procedures for deciding and implementing proposals states that the environment minister shall consult other decision-making authorities and reach agreement with them on whether a proposal may be implemented? (2) Did the Premier have delegation to make decisions on behalf of other decision-making authorities, particularly the Minister for Planning and Infrastructure; if so, when was such delegation granted? (3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(2) Did the Premier have delegation to make decisions on behalf of other decision-making authorities, particularly the Minister for Planning and Infrastructure; if so, when was such delegation granted? (3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(3) If the Premier did not have delegation to act on behalf of the other decision-making authorities over the proposal, and the Premier did not consult and gain the agreement with those other authorities as required by law, has the Premier acted unlawfully by failing to follow due process and adhere to the law as set out in the Environmental Protection Act and advised by the former Environmental Protection Authority Chairman? (4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(4) Will the Premier agree to obtain Crown Solicitor’s advice on the validity of his decision in light of his failure to consult and gain agreement with the other decision-making authorities? Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
Hon KIM CHANCE replied : (1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(1) Yes. However, the requirement operates subject to the requirements in section 45(6) of the Act that the proposal not be implemented otherwise than in accordance with the decision made on appeal. (2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(2) No. (3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(3) No. The requirements of section 45(6) of the Act were followed. (4) Not applicable.
(4) Not applicable.
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