Hon Giz Watson questions the Environment Minister regarding referrals and EPA assessments for developments on the Burrup Peninsula, including the Conservation Reserve Management Plan, Lot 314, and mining leases, focusing on timelines and heritage impacts.

AnsweredQoN 5913Legislative Council
Asked
19 February 2008
Portfolio
the Environment

QuestionView source ↗

(1) Has the Department received a referral of the Burrup Peninsula Conservation Reserve Draft Management Plan?
(2) If yes to (1), on what date?
(3) Has the referral been responded to and on what date?
(4) Will the Minister table a copy of the response?
(5) Is the EPA to set a level of assessment, and if so, when?
(6) If no to (5), why not?
(7) Has the Department received a referral of a proposal to use Lot 314 on the Burrup Peninsula by Engineered Construction and Maintenance Pty Ltd?
(8) If yes to (7), on what date?
(9) Has the referral been responded to and on what date?
(10) Will the Minister table a copy of the response?
(11) Is the EPA to set a level of assessment, and if so, when?
(12) If no to (11), why not?
(13) Has the Department received a referral of a proposal to carry out mining activities in mining leases M47/112, M47/29 and M47/326, two of which straddle the National Heritage listed area of the Dampier Archipelago (including the Burrup Peninsula)?
(14) If yes to (13), on what date?
(15) Has the referral been responded to and on what date?
(16) Will the Minister table a copy of the response?
(17) Is the EPA to set a level of assessment ,and if so, when?
(18) If no to (17), why not?
(19) Is there a timeframe requirement for the EPA to respond to or set a level of assessment from a proponent, agency or a person under Part IV section 38 of the
Environmental Protection Act 1986
?
(20) If yes to (19), what are the requirements?
(21) If no to (19), why not?

AnswerView source ↗

Answered
17 March 2008
Responded by
Parliamentary Secretary representing the Minister for the Environment
Response time
27 days
(1) The Environmental Protection Authority (EPA) has received a referral of the Burrup Peninsula Conservation Reserve Draft Management Plan.
(2) 27 November 2006.
(3) The EPA has yet to make a decision as to whether the Burrup Peninsula Conservation Reserve Draft Management Plan is to be assessed. The EPA understands that the draft plan was prepared to obtain public submissions. Following from the public submissions it is anticipated that there may be changes to the draft plan before it is finalised. In order for the EPA to determine the significance of the environmental impacts it must have an understanding of the proposal. The EPA is of the view that it is premature to decide whether the draft plan is a proposal that can be implemented.
(4) Not applicable.
(5) Yes. The EPA understands that the Burrup Penninsula Conservation Reserve Planning Advisory Committee has yet to consider public submissions on the draft plan. It is understood that following the Advisory Committee considering submissions, the plan may be modified before it is finalised. Once the EPA is advised of a final plan, it is then likely to have sufficient information to determine the significance of the environmental impacts of any proposal(s) that the plan identifies and will then make a decision whether it is to be assessed.
(6) Not applicable.
(7) Yes.
(8) 18 December 2007.
(9) The EPA has made inquiries which indicate that this proposal is likely to impact on Aboriginal heritage. The environmental issues of interest to the EPA will include the impact that the development is likely to have on Aboriginal heritage. A section 18 application under the Aboriginal Heritage Act related to the proposed development is to be considered by the Aboriginal Cultural Material Committee. The EPA will await the Committee's consideration of the application before deciding if the environmental impacts of the proposal are significant warranting assessment. The EPA is aware that the Committee has yet to consider the application.
(10) See the answer to (9).
(11) The EPA will determine whether the proposal is to be assessed, and if so at what level, once the Aboriginal Cultural Material Committee has provided advice on the application.
(12) Not applicable.
(13) - (15) The EPA received a referral on 4 December 2007. After receiving additional information on the proposal, the EPA made a decision that the environmental impacts were not so significant as to warrant formal environment impact assessment and set the level of assessment at Not Assessed - No Advice Given. This decision was publicly advertised on 14 January 2008. The Minister for the Environment received no appeals against the EPA's decision.
(16) See tabled paper [ ].
(17) See the answer to (13) - (15).
(18) Not applicable.
(19) Yes.
(20) The EPA must decide whether to assess a proposal within 28 days of it having enough information about the proposal referred to enable it to decide whether or not to assess the proposal and on the level of assessment. The EPA will advise the referrer, proponent and decision making authorities of its decision.
(21) Not applicable.
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