❓ Hon Giz Watson inquires about the number of licenses with Ministerial conditions, compliance monitoring, breaches, and actions taken against proponents in breach. The response clarifies that licenses under Part V of the Environmental Protection Act 1986 are issued by the CEO, not the Minister, rendering the questions inapplicable.
AnsweredQoN 1173Legislative Council
QuestionView source ↗
When the Minister imposes conditions on licences, the community is assured that adverse environmental impacts will be mitigated, given the legally binding nature of those conditions on the licensee, and I ask -
(1) How many licences approved by the Minister have Ministerial conditions attached?
(2) In the last financial year, how many licenses with ministerial conditions did the Department of Environment and Conservation (DEC) monitor for compliance?
(3) How many licensees were found to be in breach of ministerial conditions?
(4) Did the DEC take any action against proponents who have breached Ministerial conditions?
(5) If yes to (4), -
(a) against how many; and
(b) what action was taken?
(1) How many licences approved by the Minister have Ministerial conditions attached?
(2) In the last financial year, how many licenses with ministerial conditions did the Department of Environment and Conservation (DEC) monitor for compliance?
(3) How many licensees were found to be in breach of ministerial conditions?
(4) Did the DEC take any action against proponents who have breached Ministerial conditions?
(5) If yes to (4), -
(a) against how many; and
(b) what action was taken?
AnswerView source ↗
Answered
13 October 2009
Responded by
Minister for Environment
Response time
54 days
(1) Conditions on licences are imposed under Part V of the Environmental Protection Act 1986 by the Chief Executive Officer of the Department of Environment and Conservation (DEC). The role of the Minister under Part V is to determine appeals against the licence conditions which have been imposed by the CEO.
Under Part IV of the Act, the Minister issues a Statement following consideration of assessments undertaken by the Environmental Protection Authority. These Statements authorise a proposal to be implemented, subject to implementation conditions.
If a Statement applies to a premises that is also to be licensed under Part V of the Act, conditions imposed on that licence issued by the CEO must be consistent with the Statement.
(2) - (5) Not applicable. Licences issued under Part V of the Act do not have Ministerial conditions, as these licences are issued by the CEO as outlined in the answer to (1).
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Under Part IV of the Act, the Minister issues a Statement following consideration of assessments undertaken by the Environmental Protection Authority. These Statements authorise a proposal to be implemented, subject to implementation conditions.
If a Statement applies to a premises that is also to be licensed under Part V of the Act, conditions imposed on that licence issued by the CEO must be consistent with the Statement.
(2) - (5) Not applicable. Licences issued under Part V of the Act do not have Ministerial conditions, as these licences are issued by the CEO as outlined in the answer to (1).
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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