❓ Hon Robin Chapple questions the Minister for the Environment regarding potential legal impediments to the EPA assessing the Port Hedland Port Authority Copper Concentrate Storage Shed proposal, and the grounds for exempting projects from EPA assessment. The Minister clarifies that commercial confidence, land tenure, or the Port Authority's status would not prevent assessment, but a prior assessment under the Telfer Project and the lack of significant environmental impact could.
AnsweredQoN 1798Legislative Council
QuestionView source ↗
With regard to the Port Hedland Port Authority Copper Concentrate Storage Shed, I ask -
(1) Is the Minister aware of any issue which would legally prevent the EPA from assessing any aspect of this proposal, on grounds of -
(a) commercial in confidence;
(b) land tenure;
(c) status of the Port Authority; or
(d) any other grounds?
(2) Can the Minister outline what grounds, if any, would be sufficient to exempt any given proposed project from assessment by the EPA?
(1) Is the Minister aware of any issue which would legally prevent the EPA from assessing any aspect of this proposal, on grounds of -
(a) commercial in confidence;
(b) land tenure;
(c) status of the Port Authority; or
(d) any other grounds?
(2) Can the Minister outline what grounds, if any, would be sufficient to exempt any given proposed project from assessment by the EPA?
AnswerView source ↗
Answered
4 May 2004
Responded by
Minister for Local Government and Regional Development representing the Minister for the Environment
Response time
53 days
(b) land tenure; (c) status of the Port Authority; or (d) any other grounds?
(c) status of the Port Authority; or (d) any other grounds?
(d) any other grounds?
(1a-c) I am not aware of any grounds with respect to commercial in confidence, land tenure, or status of the Port Authority that would legally prevent the EPA from assessing the proposed Port Hedland Port Authority Copper Concentrate Storage Shed. (1d) I have been advised by the Department of Environmental Protection that the proposed Port Hedland Port Authority Copper Concentrate Storage Shed has previously been assessed by the Environmental Protection Authority (EPA) as part of Telfer Project, Expansion of Telfer Gold Mine Great Sandy Desert (Assessment No. 1445). Under section 38(5j) of the Environmental Protection Act 1986, a proposal cannot be referred to the EPA under this section more than once unless assessment of it has been terminated under section 40A. (2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
(1d) I have been advised by the Department of Environmental Protection that the proposed Port Hedland Port Authority Copper Concentrate Storage Shed has previously been assessed by the Environmental Protection Authority (EPA) as part of Telfer Project, Expansion of Telfer Gold Mine Great Sandy Desert (Assessment No. 1445). Under section 38(5j) of the Environmental Protection Act 1986, a proposal cannot be referred to the EPA under this section more than once unless assessment of it has been terminated under section 40A. (2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
(2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
(c) status of the Port Authority; or (d) any other grounds?
(d) any other grounds?
(1a-c) I am not aware of any grounds with respect to commercial in confidence, land tenure, or status of the Port Authority that would legally prevent the EPA from assessing the proposed Port Hedland Port Authority Copper Concentrate Storage Shed. (1d) I have been advised by the Department of Environmental Protection that the proposed Port Hedland Port Authority Copper Concentrate Storage Shed has previously been assessed by the Environmental Protection Authority (EPA) as part of Telfer Project, Expansion of Telfer Gold Mine Great Sandy Desert (Assessment No. 1445). Under section 38(5j) of the Environmental Protection Act 1986, a proposal cannot be referred to the EPA under this section more than once unless assessment of it has been terminated under section 40A. (2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
(1d) I have been advised by the Department of Environmental Protection that the proposed Port Hedland Port Authority Copper Concentrate Storage Shed has previously been assessed by the Environmental Protection Authority (EPA) as part of Telfer Project, Expansion of Telfer Gold Mine Great Sandy Desert (Assessment No. 1445). Under section 38(5j) of the Environmental Protection Act 1986, a proposal cannot be referred to the EPA under this section more than once unless assessment of it has been terminated under section 40A. (2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
(2) Under Part IV of the Environmental Protection Act 1986, a proposal need only be referred to the EPA if the proposal, if implemented, is likely to have a significant effect on the environment.
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.