The Appeals Convenor is finalising conclusions on the matters raised in the appeals lodged against EPA Report 1802 for the Smiths Beach Project, Yallingup – Coastal Tourism Village.
Consultation and information received throughout the investigation has assisted the investigation team in pursuing the relevant lines of inquiry.
Stage 3 involves finalising the investigation, conclusions and recommendations to the Minister on matters raised in the appeals.
In considering the grounds of appeal, the Appeals Convenor considers the environmental merits of the EPA’s assessment. In doing so, regard may be had to environmental objectives as set by the EPA, matters of environmental significance, additional information not considered by the EPA, technical errors and whether relevant policy objectives have been attained.
The Minister has three options in dealing with appeals against a report of the EPA under the Environmental Protection Act 1986 (EP Act):
- dismiss the appeals [section 101(1)(a)]
- allow the appeals by remitting the proposal to the EPA for further consideration [section 101(1)(d)(i)]
- allow the appeals by varying the EPA’s recommendations by changing the implementation conditions [section 101(1)(d)(ii)].
It is not considered open to the Minister, on appeal, to refuse to approve the proposal, or to alter the proposal by unilaterally relocating it to a different place.The Minister’s decision is final and without appeal.
Once the Minister’s appeal determination is published, the final decision on whether the proposal may be implemented, and the conditions which apply to any such implementation, is a matter for the Minister and key decision-making authorities to consider under section 45(3) of the EP Act.
