——Note: this is the written reply of a candidate to our questions and does not reflect the position of SCEC or any affiliated association———————————————–
Dear Wiebe,
Thank you for your letter raising the concerns of the Sunshine Coast Environment Council, concerning proposed developments in the Pumicestone Passage area of the Sunshine Coast.
As you are aware, the Federal Government’s responsibilities for environmental protection are defined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which constitutes our national environment law. Under the EPBC Act, the Federal Government’s role is confined to the protection of certain defined matters of ‘national environmental significance’. These encompass a number of matters that you have raised concerns about in your letter, and include world and national heritage properties, wetlands of international importance (listed under the Ramsar Convention), nationally threatened species and ecological communities, migratory species listed under the EPBC Act, nuclear actions and Federal marine areas.
The proposal for the Bellvista Stage II was, as you state in your letter, referred to the Department of Environment, Water, Heritage and the Arts (DEWHA) in April 2010 and it was determined that it was not a ‘controlled action’ under the legislation. Accordingly, it did not raise issues for Federal Government approval. The development involves a 65.5 ha mixed use residential area, including a village centre, open space areas and a variety of dwelling types. The development will be on an area that was historically used for agriculture and silviculture (plantation forestry).
In their referral documentation, the proponent also committed to a series of detailed mitigation measures. The key matter of national environmental significance was the Moreton Bay Ramsar site located approximately six kilometers away. The Department found that significant impacts on this and other matters of national environmental significance were unlikely to result from the proposed action, given the current condition of the site and the proposed mitigation measures, among other things.
No proposal for the Caloundra South development has yet been submitted to the DEWHA, and so we cannot comment of the specifics of the proposal at this time. With no federal statutory process underway, it is not legally possible to halt the proposal.
While you would understand that Federal Labor cannot pre-empt the outcome of an assessment decision prior to a referral being received and properly considered, if it is determined that a future proposal is a ‘controlled action’, it will then be rigorously assessed in accordance with the requirements of our national environment law. All referred proposals are also published for a mandatory ten day public comment period before a decision is made on whether further assessment is required, and those public comments are taken into account when that decision on referral is made.
If a proposal is determined to be a ‘controlled action’, Minister Garrett will only make a decision on whether or not the proposal can proceed once a rigorous and comprehensive environmental assessment has been completed, and he has all relevant information before him to make a properly informed and legally robust decision. For this reason, if the Minister feels he does not have sufficient information before him, he may request further information from the proponent or from independent scientific experts and expert bodies such as CSIRO, GeoSciences Australia and universities.
In making decisions of this kind, the Minister always carefully considers the various reports, public comments through the mandatory public consultation process, departmental and independent advice provided to him on relevant environmental, social and economic matters, while also paying regard to the overriding objects of the EPBC Act.
Regards,
Chris Cummins
ALP Candidate for Fisher
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