A parliamentary question addresses the Osmington coalmine proposal in Margaret River, inquiring about the EPA's assessment process, information requests, and compliance with the Environmental Protection Act. The Minister provides answers, tables documents, and clarifies the EPA's timeline for a decision.

AnsweredQoN 121Legislative Council
Asked
15 March 2011
Portfolio
Environment

QuestionView source ↗

MARGARET RIVER COALMINE
I refer to the Osmington coalmine in Margaret River and recent advice from Dr Vogel, Chairman of the Environmental Protection Authority, that a decision on whether to assess the proposal will not be made before the EPA’s March meeting as the EPA requires additional information. (1) Was the proposal considered by the EPA at its February 2011 meeting? (2) Will the minister table all written notices issued pursuant to section 38A(1) of the Environmental Protection Act 1986; and, if not, why not? (3) What additional information is needed by the EPA, from whom, and what is the due date for the provision of the additional information? (4) Has the EPA complied with section 39A(3) of the Environmental Protection Act 1986; and, if not, why not? (5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON

AnswerView source ↗

I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(1) Was the proposal considered by the EPA at its February 2011 meeting? (2) Will the minister table all written notices issued pursuant to section 38A(1) of the Environmental Protection Act 1986; and, if not, why not? (3) What additional information is needed by the EPA, from whom, and what is the due date for the provision of the additional information? (4) Has the EPA complied with section 39A(3) of the Environmental Protection Act 1986; and, if not, why not? (5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(2) Will the minister table all written notices issued pursuant to section 38A(1) of the Environmental Protection Act 1986; and, if not, why not? (3) What additional information is needed by the EPA, from whom, and what is the due date for the provision of the additional information? (4) Has the EPA complied with section 39A(3) of the Environmental Protection Act 1986; and, if not, why not? (5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(3) What additional information is needed by the EPA, from whom, and what is the due date for the provision of the additional information? (4) Has the EPA complied with section 39A(3) of the Environmental Protection Act 1986; and, if not, why not? (5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(4) Has the EPA complied with section 39A(3) of the Environmental Protection Act 1986; and, if not, why not? (5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(5) Has the period “within 28 days” referred to in section 39A(3) of the Environmental Protection Act expired; and, if not, when does it expire? Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
Hon HELEN MORTON replied: I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
I thank the honourable member for some notice of the question. The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
The Minister for Environment has provided the following response — (1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(1) Yes. I am advised that the Environmental Protection Authority considered the advice it had received to date at its meeting of 17 February 2011. (2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(2) Yes, and I wish to table the attached documents. (3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(3) I am advised that, further to its meeting, the EPA requested additional information from a range of sources, including the Department of Water and the Department of Mines and Petroleum, to assist in its deliberations. (4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(4) Yes. (5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
(5) Section 39A of the Environmental Protection Act 1986 provides for the EPA to decide whether to assess proposals referred. The EPA’s decision is to be based on information submitted in the referral or derived from the EPA’s own investigations and inquiries. Section 38A of the EP act also allows the EPA to request further information to inform its decision on whether to assess the proposal; and, if so, the level of assessment—section 38A(1)(a) and (c) of the EP act. As indicated in the answer to part (3), the EPA has requested further information to inform its decision. The EPA will make its decision within 28 days of receiving a response to the information it has requested. [See paper 3101.]
[See paper 3101.]

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