❓ A Western Australian parliamentary question on notice regarding a proposed barge loading facility at Mowbowra Creek by Exmouth Limestone, focusing on the history of EPA assessments, appeals, and potential new proposals. The Minister's response details the timeline of events and confirms no new referrals have been submitted.
AnsweredQoN 3974Legislative Council
QuestionView source ↗
I refer the proposal to construct a barge loading facility at Mowbowra Creek (Proposal) by Exmouth Limestone Pty Ltd (formerly Whitecrest Enterprises Pty Ltd) (Proponent), and ask -
(1) Can the Minister advise when the Proposal was assessed by the Environmental Protection Authority (EPA)?
(2) Did the Proponent approach the EPA in about 2007, about extending the barge loading facility by amendment?
(3) If yes to (2), what was the EPA’s response?
(4) Did the EPA decide on 20 August 2007, that the extension to the barge loading facility would be assessed at the level of Public Environmental Review (PER), as a separate proposal?
(5) Did the proponent appeal the EPA’s decision to set the level of assessment for the extension to the barge loading facility at the level of PER?
(6) If yes to (5), on what grounds?
(7) What happened to that appeal?
(8) Can the Minister advise if the EPA subsequently terminated the assessment of the extension to the barge loading facility under section 40A of the
Environmental Protection Authority Act 1986
?
(9) If yes to (8), why?
(10) Subsequent to this, have the original proponents or any other party put forward a proposal to again construct/use a barge loading facility?
(11) If yes to (10), does the new proposal differ substantially from the way in which the facility was originally proposed to be used or constructed in 1997?
(12) If yes to (10 and/or 11), will or should it be necessary for the new proposal to be referred to the EPA?
(13) If yes to (10, 11, and/or 12), will the proposal be required to be referred to the EPBC?
(1) Can the Minister advise when the Proposal was assessed by the Environmental Protection Authority (EPA)?
(2) Did the Proponent approach the EPA in about 2007, about extending the barge loading facility by amendment?
(3) If yes to (2), what was the EPA’s response?
(4) Did the EPA decide on 20 August 2007, that the extension to the barge loading facility would be assessed at the level of Public Environmental Review (PER), as a separate proposal?
(5) Did the proponent appeal the EPA’s decision to set the level of assessment for the extension to the barge loading facility at the level of PER?
(6) If yes to (5), on what grounds?
(7) What happened to that appeal?
(8) Can the Minister advise if the EPA subsequently terminated the assessment of the extension to the barge loading facility under section 40A of the
Environmental Protection Authority Act 1986
?
(9) If yes to (8), why?
(10) Subsequent to this, have the original proponents or any other party put forward a proposal to again construct/use a barge loading facility?
(11) If yes to (10), does the new proposal differ substantially from the way in which the facility was originally proposed to be used or constructed in 1997?
(12) If yes to (10 and/or 11), will or should it be necessary for the new proposal to be referred to the EPA?
(13) If yes to (10, 11, and/or 12), will the proposal be required to be referred to the EPBC?
AnswerView source ↗
Answered
9 August 2011
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
77 days
(1) The EPA Report 871 was published in November 1997. Ministerial Statement 465 granting approval for the proposal was issued in January 1998.
(2)-(3) Yes. The EPA was of the view that the proposed expansion constituted significant additional impacts over and above those considered in the original assessment
.
(4) Yes
(5)-(6) Yes. The proponent appealed on the ground that the proposed extension did not constitute significant impacts over and above those considered in the original assessment.
(7) The proponent requested that the appeal be put on hold.
(8)-(9) The EPA wrote to the proponent on 4 October 2010 to determine whether the proponent wished to proceed or to withdraw the proposal. No response was received and the EPA therefore terminated the assessment on 2 November 2010 in accordance with section 40A of the
Environmental Protection Act 1986
. The appeal was closed on 3 November 2010.
(10) No new referral in relation to this matter has been submitted to the EPA pursuant to section 38 of the
Environmental Protection Act 1986
as of the 7 June 2011.
(11)-(13) Not applicable
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(2)-(3) Yes. The EPA was of the view that the proposed expansion constituted significant additional impacts over and above those considered in the original assessment
.
(4) Yes
(5)-(6) Yes. The proponent appealed on the ground that the proposed extension did not constitute significant impacts over and above those considered in the original assessment.
(7) The proponent requested that the appeal be put on hold.
(8)-(9) The EPA wrote to the proponent on 4 October 2010 to determine whether the proponent wished to proceed or to withdraw the proposal. No response was received and the EPA therefore terminated the assessment on 2 November 2010 in accordance with section 40A of the
Environmental Protection Act 1986
. The appeal was closed on 3 November 2010.
(10) No new referral in relation to this matter has been submitted to the EPA pursuant to section 38 of the
Environmental Protection Act 1986
as of the 7 June 2011.
(11)-(13) 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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