The Minister for Environment answers a question regarding a Supreme Court decision involving BGC Group's proposed quarry development, highlighting the court's upholding of the Environmental Protection Act and criticising BGC's actions and the involvement of a former Liberal Minister.

AnsweredQoN 1269Legislative Assembly
Asked
30 October 2003
Portfolio
Environment

QuestionView source ↗

Can the minister enlighten the House about the outcome of the Supreme Court decision in the case involving the BGC Group and the proposed quarry development at the Lakes on the border of my electorate? A well-known former Liberal Minister for Planning, acting on behalf of BGC, was actively supporting the notion that the Town Planning Appeal Tribunal should make a determination on the appeal, which would allow the quarry proposal to proceed before the Environmental Protection Authority had made a determination, or indeed had allowed the Minister for the Environment to hear appeals on that determination. Dr J.M. EDWARDS

AnswerView source ↗

I thank the member for the question and for her interest in this area. The member recently brought a group of concerned local people to see me and we had a good discussion about this issue. This area is known to many as it has been controversial. At this site quite graphic television footage was taken of machinery pushing trees over and a person from the Department of Agriculture almost being hit by a falling tree. As a result of that information, the Commissioner for Soil and Land Conservation examined the issue and decided that it needed to be referred to the Environmental Protection Authority. The EPA has since been assessing that proposal at the level of public and environmental review. A few months ago I was disappointed to learn that, at the instigation of the former Minister for Planning in this House, I believe, BGC was looking for loopholes and had gone to the Town Planning Appeal Tribunal. The EPA challenged that in the Supreme Court. The Full Court of the Supreme Court has ordered that the tribunal not make a decision and that the EPA assessment continue to its conclusion. It has upheld the primacy of the Environmental Protection Act and the role that the community expects of the EPA. In addition, it has awarded costs against BGC. This was a disgraceful action. It happened at a time when big companies with old state agreement Acts were offering to come under the protection of the Environmental Protection Amendment Act. We have put that legislation through the Parliament. However, at the same time, other people are being led by prominent Liberal Party people in trying to find loopholes and get their projects through without the proper environmental assessment. The community is demanding that they have strong environmental assessments. The Government is delivering that and it is closing those loopholes.
Dr J.M. EDWARDS replied: I thank the member for the question and for her interest in this area. The member recently brought a group of concerned local people to see me and we had a good discussion about this issue. This area is known to many as it has been controversial. At this site quite graphic television footage was taken of machinery pushing trees over and a person from the Department of Agriculture almost being hit by a falling tree. As a result of that information, the Commissioner for Soil and Land Conservation examined the issue and decided that it needed to be referred to the Environmental Protection Authority. The EPA has since been assessing that proposal at the level of public and environmental review. A few months ago I was disappointed to learn that, at the instigation of the former Minister for Planning in this House, I believe, BGC was looking for loopholes and had gone to the Town Planning Appeal Tribunal. The EPA challenged that in the Supreme Court. The Full Court of the Supreme Court has ordered that the tribunal not make a decision and that the EPA assessment continue to its conclusion. It has upheld the primacy of the Environmental Protection Act and the role that the community expects of the EPA. In addition, it has awarded costs against BGC. This was a disgraceful action. It happened at a time when big companies with old state agreement Acts were offering to come under the protection of the Environmental Protection Amendment Act. We have put that legislation through the Parliament. However, at the same time, other people are being led by prominent Liberal Party people in trying to find loopholes and get their projects through without the proper environmental assessment. The community is demanding that they have strong environmental assessments. The Government is delivering that and it is closing those loopholes.
I thank the member for the question and for her interest in this area. The member recently brought a group of concerned local people to see me and we had a good discussion about this issue. This area is known to many as it has been controversial. At this site quite graphic television footage was taken of machinery pushing trees over and a person from the Department of Agriculture almost being hit by a falling tree. As a result of that information, the Commissioner for Soil and Land Conservation examined the issue and decided that it needed to be referred to the Environmental Protection Authority. The EPA has since been assessing that proposal at the level of public and environmental review. A few months ago I was disappointed to learn that, at the instigation of the former Minister for Planning in this House, I believe, BGC was looking for loopholes and had gone to the Town Planning Appeal Tribunal. The EPA challenged that in the Supreme Court. The Full Court of the Supreme Court has ordered that the tribunal not make a decision and that the EPA assessment continue to its conclusion. It has upheld the primacy of the Environmental Protection Act and the role that the community expects of the EPA. In addition, it has awarded costs against BGC. This was a disgraceful action. It happened at a time when big companies with old state agreement Acts were offering to come under the protection of the Environmental Protection Amendment Act. We have put that legislation through the Parliament. However, at the same time, other people are being led by prominent Liberal Party people in trying to find loopholes and get their projects through without the proper environmental assessment. The community is demanding that they have strong environmental assessments. The Government is delivering that and it is closing those loopholes.
As a result of that information, the Commissioner for Soil and Land Conservation examined the issue and decided that it needed to be referred to the Environmental Protection Authority. The EPA has since been assessing that proposal at the level of public and environmental review. A few months ago I was disappointed to learn that, at the instigation of the former Minister for Planning in this House, I believe, BGC was looking for loopholes and had gone to the Town Planning Appeal Tribunal. The EPA challenged that in the Supreme Court. The Full Court of the Supreme Court has ordered that the tribunal not make a decision and that the EPA assessment continue to its conclusion. It has upheld the primacy of the Environmental Protection Act and the role that the community expects of the EPA. In addition, it has awarded costs against BGC. This was a disgraceful action. It happened at a time when big companies with old state agreement Acts were offering to come under the protection of the Environmental Protection Amendment Act. We have put that legislation through the Parliament. However, at the same time, other people are being led by prominent Liberal Party people in trying to find loopholes and get their projects through without the proper environmental assessment. The community is demanding that they have strong environmental assessments. The Government is delivering that and it is closing those loopholes.
This was a disgraceful action. It happened at a time when big companies with old state agreement Acts were offering to come under the protection of the Environmental Protection Amendment Act. We have put that legislation through the Parliament. However, at the same time, other people are being led by prominent Liberal Party people in trying to find loopholes and get their projects through without the proper environmental assessment. The community is demanding that they have strong environmental assessments. The Government is delivering that and it is closing those loopholes.

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