the proponent’s failure to comply with the requirements of theAgreement and Scoping Report,
the public can have no confidence in the EPA’s final report and recommendations.
The timeline needs to be extended and large parts of it need to be redone in an open,transparent and scientifically rigorous manner.Under the Environmental Act, the quorum for a meeting of the EPA to make a decision is three people.
|Joesph Roe and Paul Vogel in Country Nov 2012|
The WA State Environment Minister and Vogel have colluded to misuse another section of the Act (s 19; see below) to purport to give sole decision making responsibility to one person, but this is clearly not what the Act intends and cannot be misrepresented as a decision of the EPA Board.
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 11
11 . Meetings of Authority
(1) The Authority shall hold meetings at such times and places as it determines, but —
(a) the Chairman may at any time; or
(b) the Minister may when he wishes the Authority to discuss a matter on which he has
requested its advice, convene a meeting of the Authority.
(2) At a meeting of the Authority —
(a) the Chairman or, in his absence, the Deputy Chairman shall preside, but, if both the Chairman and the Deputy Chairman are absent from such a meeting, the Authority members present shall elect one of their number to preside at that meeting; and
(b) 3 Authority members constitute a quorum; and
(c) subject to section 12(2) each Authority member present shall cast a deliberative vote on any question that is to be decided; and
(d) any question shall be decided by a majority of the votes cast by the Authority members present, but if the voting on a question is equally divided, the person presiding at that meeting has a casting vote in addition to a deliberative vote; and
(e) a question shall not be decided unless at least 3 Authority members vote thereon.
ENVIRONMENTAL PROTECTION ACT 1986 - SECT 19
19 . Delegation by Authority
(1) The Authority may, with the approval of the Minister, delegate, either generally or as otherwise provided by the instrument of delegation, to —
(a) any officer or other person referred to in section 22; or
(b) a public authority or officer or employee thereof; or
(c) any other person, specified in the instrument of delegation (in this section called the delegate ) all or any of its powers and duties under this Act, other than this power of delegation.
(2) The Authority shall cause the name or title of the delegate to be published in the Gazette as soon as is practicable after the making of the delegation concerned.
(3) A power or duty delegated by the Authority under this section shall, if exercised or performed by the delegate, be exercised or performed in accordance with the instrument of delegation.
The Wilderness Society (WA) EPA assessment 'Media briefing sheet' is as follows:
EPA Gas Hub Assessment Media Briefing Sheet_270612