❓ Hon Ben Dawkins questions the Minister for Environment regarding advice sought from the EPA and DEC concerning the Greater Bunbury Region Scheme Amendment 0020/57, specifically regarding boundary changes and related correspondence. The Minister provides dates, clarifies the nature of the advice sought, and agrees to table relevant documents.
AnsweredQoN 1528Legislative Council
QuestionView source ↗
I refer the Minister to the letter dated 26 July 2023 from the Director General of the Department of Water and Environmental Regulation (DWER) to me (Letter) that states: 'Advice was sought from the Environmental Protection Agency (EPA) on the boundary change post the EPA’s determination however, due to the technical nature of the subject, the then Department of Environment and Conservation liaised directly with the Western Australian Planning Commission', and I ask: (a) what was the date the advice was sought from the EPA on the boundary change; (b) which agency sought the advice; (c) will the Minister provide and table copies of the request for the
advice (including attachments) and the response from the EPA (including
attachments); (d) if no to (c), why not; (e) what was the date that advice was sought from the Department of Environment and Conservation (DEC); (f) which agency sought the advice; (g) can the Minister provide and table copies of the request for the
advice (including attachments) and the response from the DEC (including
attachments); (h) if no to (g), why not; (i) did either of the EPA or DEC receive any correspondence or
representations from any other government agency aside from the Western
Australian Planning Commission (including the Department of Water, the
Water Corporation, the Department of Communities/Housing and the Housing
Authority) relating to Greater Bunbury Region Scheme Amendment 0020/57; (j) if yes to (i), can the Minister provide and table copies of that
correspondence and those representations and any responses from the EPA
or DEC; and (k) if no to (j), why not?
advice (including attachments) and the response from the EPA (including
attachments); (d) if no to (c), why not; (e) what was the date that advice was sought from the Department of Environment and Conservation (DEC); (f) which agency sought the advice; (g) can the Minister provide and table copies of the request for the
advice (including attachments) and the response from the DEC (including
attachments); (h) if no to (g), why not; (i) did either of the EPA or DEC receive any correspondence or
representations from any other government agency aside from the Western
Australian Planning Commission (including the Department of Water, the
Water Corporation, the Department of Communities/Housing and the Housing
Authority) relating to Greater Bunbury Region Scheme Amendment 0020/57; (j) if yes to (i), can the Minister provide and table copies of that
correspondence and those representations and any responses from the EPA
or DEC; and (k) if no to (j), why not?
AnswerView source ↗
Answered
19 September 2023
Responded by
Parliamentary Secretary to the Minister for Environment
Response time
9 days
(a) - (b) On further review of the documentation, the correspondence dated 2 September 2011 from the Western Australian Planning Commission (WAPC) to the EPA was seeking comment on the Water Corporation’s response to the EPA’s advice on GBRS 0020/57, not on a boundary change. Review of documentation also shows the Special Control Area No. 4 boundary depicted in the GBRS 0020/57 Amendment report referred to the EPA in May 2011 did not change prior to gazettal of GBRS 0020/57. The EPA’s advice made note of the reduced boundary.
(c) No formal response was provided by the Office of the EPA (OEPA) to the WAPC’s letter dated 2 September 2011. The OEPA advised WAPC via email to contact Department of Environment and Conservation (DEC) directly. The WAPC subsequently sought comments from DEC. The OEPA’s email dated 22 September 2011 and DEC’s response dated 13 November 2012 to WAPC are included at (g).
(d) DWER is not the owner of the documents requested. A Freedom of Information application made under the Freedom of Information Act 1992 provides for access to documents and, for agencies to seek consent to release third party documents, or alternatively, a request to the Minister for Planning.
(e) - (f) Office of the EPA sought comments on the WAPC’s letter dated 2 September 2011 from the DEC on 12 September 2011.
DWER has advised that based on records that could be accessed and reviewed in the time provided, the WAPC sought advice as part of the public comment process from the DEC on 6 September 2012. The WAPC also sought advice from DEC on 6 November 2012, 28 November 2012, 21 March 2013 and notification of finalisation of amendment on 17 June 2013.
(g) - (h) Yes for documents DWER own. [see tabled no.]
(i) The Office of the EPA received advice from the DEC to assist with its assessment of the referral of GBRS 0020/57.
Correspondence from the WAPC included correspondence from the Water Corporation.
(j) - (k) Yes for documents DWER own. [see tabled no.]
(c) No formal response was provided by the Office of the EPA (OEPA) to the WAPC’s letter dated 2 September 2011. The OEPA advised WAPC via email to contact Department of Environment and Conservation (DEC) directly. The WAPC subsequently sought comments from DEC. The OEPA’s email dated 22 September 2011 and DEC’s response dated 13 November 2012 to WAPC are included at (g).
(d) DWER is not the owner of the documents requested. A Freedom of Information application made under the Freedom of Information Act 1992 provides for access to documents and, for agencies to seek consent to release third party documents, or alternatively, a request to the Minister for Planning.
(e) - (f) Office of the EPA sought comments on the WAPC’s letter dated 2 September 2011 from the DEC on 12 September 2011.
DWER has advised that based on records that could be accessed and reviewed in the time provided, the WAPC sought advice as part of the public comment process from the DEC on 6 September 2012. The WAPC also sought advice from DEC on 6 November 2012, 28 November 2012, 21 March 2013 and notification of finalisation of amendment on 17 June 2013.
(g) - (h) Yes for documents DWER own. [see tabled no.]
(i) The Office of the EPA received advice from the DEC to assist with its assessment of the referral of GBRS 0020/57.
Correspondence from the WAPC included correspondence from the Water Corporation.
(j) - (k) Yes for documents DWER own. [see tabled no.]
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