❓ Question regarding the implications of a Supreme Court decision invalidating the EPA's approval of the Browse LNG Precinct, specifically asking if the Minister agrees with a legal firm's assessment that the EPA needs to completely reassess the proposal. The answer outlines the process for reassessment, stating new delegates would be appointed.
AnsweredQoN 279Legislative Council
QuestionView source ↗
I refer to the decision of the Supreme Court of Western Australia on 19 August 2013 invalidating the decisions of the Environmental Protection Authority (EPA) and the Minister for the Environment to approve the Browse LNG Precinct, and ask: (a) does the Minister share the view of the law firm Clayton Utz that “For the Browse LNG Precinct (if this is to be further pursued by the State given the Premier's recent statement apologising for the Precinct's failure) it's back to square one. The EPA will have to completely reassess the proposal (without the involvement of the conflicted members and arguably without the involvement of the Chairman)”; and (b) if no to (a), which of the
decisions and actions of the EPA forming part of its assessment process,
concluding with the “decision” made by Mr Vogel on 16 July 2012, are unaffected
by the Supreme Court’s declarations?
decisions and actions of the EPA forming part of its assessment process,
concluding with the “decision” made by Mr Vogel on 16 July 2012, are unaffected
by the Supreme Court’s declarations?
AnswerView source ↗
Answered
15 October 2013
Responded by
Minister for Mental Health representing the Minister for Environment
Response time
35 days
(a) If the proposal is reassessed, a delegate or delegates of the EPA would be appointed in accordance with section 19 of the
Environmental Protection Act 1986
, who do not have any previous involvement in the assessment, to conduct the reassessment of the Minister for State Development's Browse LNG Precinct strategic proposal. It would be a matter for the delegate or delegates to determine the manner of that assessment, and to consider the extent to which material currently held by the EPA is sufficient for the purposes of conducting that assessment.
(b) Not Applicable.
Environmental Protection Act 1986
, who do not have any previous involvement in the assessment, to conduct the reassessment of the Minister for State Development's Browse LNG Precinct strategic proposal. It would be a matter for the delegate or delegates to determine the manner of that assessment, and to consider the extent to which material currently held by the EPA is sufficient for the purposes of conducting that assessment.
(b) Not Applicable.
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