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elaine
Joined: 04 May 2006 Posts: 483 Location: Dagun
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Posted: Wed Nov 18, 2009 10:48 am Post subject: Awaiting the final decision |
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I hope this is not a "hiccup" (but I'm forever wary and untrusting of political measures ...).
Found this on the EPBC website "Public Notices" today. Will try and find an interpretation as soon as possible. I hope this is just procedural:
http://www.environment.gov.au/epbc/notices/assessments/2006/3150/extension-decision.pdf
Basically, it reads as follows:
| Quote: | Extension to time in which to make a decision whether to approve a controlled action
Traveston Crossing Dam, Mary River, Queensland, (EPBC: 2006/3150)
This specification is made under Section 130(1A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
Specified longer period
The relevant period in which the Minister must make a decision whether or not to approve the controlled action is extended by 10 business days. The decision will now be taken by 2 December 2009.
This specification is provided for the purposes of sections 130(1A), 130(1B) and 130(4) of the EPBC Act 1999
Date of decision 18 November 2009 |
OK, those sections are as follows:
http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/F9A0A154F06FE8CECA25751600184FB6/$file/EnvProtBioDivCons99Vol1WD02.pdf
| Quote: | Part 9—Approval of actions
Division 1—Decisions on approval and conditions
Subdivision A—General
130 Timing of decision on approval
Basic rule
(1) The Minister must decide whether or not to approve, for the
purposes of each controlling provision for a controlled action, the
taking of the action.
(1A) The Minister must make the decision within the relevant period
specified in subsection (1B) that relates to the controlled action, or
such longer period as the Minister specifies in writing.
(1B) The relevant period, in relation to a controlled action, is as
follows:
(a) if the action is the subject of an assessment report—the
period of 30 business days beginning on the first business
day after the Minister receives the assessment report;
(b) if Division 3A of Part 8 (assessment on referral information)
applies to the action—the period of 20 business days
beginning on the first business day after the Minister receives
the finalised recommendation report under subsection 93(5);
(c) if Division 4 of Part 8 (assessment on preliminary
documentation) applies to the action—the period of 40
business days beginning on the first business day after the
Minister receives the documents under subsection 95B(1) or
the statement under subsection 95B(3), as the case requires;
(d) if Division 5 (public environment reports) or Division 6
(environmental impact statements) of Part 8 applies to the
action—the period of 40 business days beginning on the first
business day after the Minister receives the finalised public
environment report or the finalised environmental impact
statement, as the case requires;
(e) if a commission has conducted an inquiry relating to the
action—the period of 40 business days beginning on the first
business day after the Minister receives the report of the
commission.
What is an assessment report?
(2) An assessment report is a report given to the Minister as described
in:
(a) subsection 47(4) (about assessments under a bilateral
agreement); or
(b) subsection 84(3) (about assessments in a manner specified in
a declaration); or
(c) subsection 87(4) (about assessments by accredited
assessment processes).
Notice of extension of time
(4) If the Minister specifies a longer period for the purposes of
subsection (1A), he or she must:
(a) give a copy of the specification to the person proposing to
take the action; and
(b) publish the specification in accordance with the regulations.
Time does not run while further information is sought
(5) If, under section 132, the Minister has requested more information
for the purposes of making a decision whether or not to approve
the taking of an action, a day is not to be counted as a business day
for the purposes of subsection (1B) if it is:
(a) on or after the day the Minister requested the information;
and
(b) on or before the day on which the Minister receives the last
of the information requested. |
_________________ "Never doubt that a small group of concerned citizens can change the world. Indeed, it's the only thing that ever has." Margaret Mead |
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westholme
Joined: 02 May 2006 Posts: 2628 Location: Amamoor
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Posted: Wed Nov 18, 2009 9:49 pm Post subject: |
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This is unreal. I suppose we should have expected Bligh's 'we will not contest the decision' was a lie just for the public or to lull the public into a false sense of security so that we don't make submissions! _________________ CESARE LOMBROSO "The ignorant man always adores what he cannot understand" |
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arawajo
Joined: 13 May 2006 Posts: 628
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Posted: Wed Nov 18, 2009 10:45 pm Post subject: |
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It's good that you are so vigilant Elaine.
10 days isn't much time to change things though - hopefully it's not significant.
I agree though, that we can't trust Anna and her people. _________________ When injustice becomes law, resistance becomes obligation" - Steve Biko |
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stevem
Joined: 04 May 2006 Posts: 814 Location: Ridgewood
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Posted: Thu Nov 19, 2009 9:55 pm Post subject: Too much grass after dam blocker |
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Too much grass after dam blocker
Arthur Gorrie
20th November 2009
http://www.gympietimes.com.au/story/2009/11/20/too-much-grass-after-garretts-dam-blocker/
| Quote: | THE bowls players of Kandanga will happily have to make do with their present digs, after news the cancellation of the Traveston Crossing Dam proposal has also meant the end of a proposed replacement bowls facility.
This week’s Gympie Regional Council Planning Committee meeting was told the proponent of both the dam and the replacement bowls club building, Queensland Water Infrastructure Pty Ltd, has withdrawn the bowls club application.
The new club, which effectively reproduces the facilities available in the existing one, was to include one bowling green, with sufficient adjoining space for expansion, bar facilities and separate keg room, TAB and gaming room, a reception area, kitchen and bistro servery, a large bistro and bar seating areas opening out on to the green, a function room and change rooms.
The old bowls club would have been within the formerly proposed dam’s inundation area and, according to a staff report to the meeting, had been purchased by QWI.
The new club site would also have been subdivided into three other allotments and a road reserve, which would have effectively extended Brice Street.
The report by planning staff raised no objections to the land’s zoning, which is not in the town’s designated urban area, but which presented “a reasonable and logical extension to Kandanga township”.
However, Planning Committee chairman Ian Petersen told the meeting the applicant had requested that the project be withdrawn. The meeting accepted the request. |
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elaine
Joined: 04 May 2006 Posts: 483 Location: Dagun
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Posted: Fri Nov 20, 2009 1:01 pm Post subject: |
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Well, I am relieved - an explanation of the approval process under the EPBC Act has been given, which outlines the purpose of the extension referred to above.
| Quote: | | Following the mandatory 10 business day consultation period, the EPBC Act requires the minister to consider any comments received before making a final decision. The initial 30 business day period for making a final decision was to expire on 18 November 2009. Even were the statutory period for decision making not to be extended, the 10 business day period must be granted to the proponent and relevant federal ministers. Due to the date of the proposed decision, it would not have been possible to make a final decision within that timeframe - accordingly the statutory period for decision making has been extended. It is a routine administrative process. |
The EPBC website referring to the Traveston Crossing Dam proposal has also been updated, which clarifies this point as well.
http://www.environment.gov.au/epbc/notices/assessments/2006/3150/traveston-dam-the-federal-process.html
I look forward to the day when I can stop jumping at shadows! _________________ "Never doubt that a small group of concerned citizens can change the world. Indeed, it's the only thing that ever has." Margaret Mead |
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westholme
Joined: 02 May 2006 Posts: 2628 Location: Amamoor
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Posted: Sun Nov 22, 2009 2:11 am Post subject: |
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Quote Elaine;
| Quote: | | I look forward to the day when I can stop jumping at shadows! |
And that is exactly what it feels like. I truly do feel myself jumping at shadows. I just want this over and done with and I can't beleive we now have to wait until the first week of December.  _________________ CESARE LOMBROSO "The ignorant man always adores what he cannot understand" |
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