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Commissioners of Inquiry 1 Contents Commissioners of Inquiry 1 Letter to the Minister 2 Chairperson's Statement 3 The Commissioners and Their Role 4 Management and Structure 6 Local Government Inquiries 8 Performance Review 9 Year in Review - Report of Operations 10 Environmental Planning Issues 24 Appendices 26 Operating Statement 26 The Commissioners and Senior Staff 27 Schedule of Inquiries and Hearings 30 Inquiries and Hearings Reported in 1998-99 Cooranbong Colliery Extension, Morisset 10 Wynella Homestead, Goulburn 11 Sand and Gravel Quarry, Byron 11 Blue Mountains Draft LEP 12 Perisher Range Village Master Plan 13 Underground Coal Mine, Tahmoor North 15 Cowal Gold Project, West Wyalong 16 Donaldson Coal Mine, Cessnock/Maitland 17 Mushroom Substrate Facili ty, Hawkesbury 18 Landuse Planning, Illawarra Escarpment 19 Mount Pleasant Coal Mine, Muswellbrook 20 Commissioners ofInquiry Commissioners of Inquiry for Environment and Plan y appointed under the Environmental rlanning and Assessment Act 1979 to enable Public Inquiries into a range of environmental, planning and development issues, and conservation matters under the Heritage Act 1977. The Commissioners make findings and recommendations in their written reports to the Minister which are openly available to the public under planning legislation. The publication "Commissiom ofInquiry for Environment and Planning- How They WtJrk" is available from the Office. A Public Inquiry • Undertakes environmental, planning and conservation assessment of issues prior to State government decisions. • Affords equal opportunity for all interested parties to make submissions. • Enables thorough canvassing of all relevant issues in a public forum. • Provides independent advice in a written report to the Minister. The Commissioners' Objectives • To undertake Inquiries commissioned by the Minister consistent with legislative requirements, public participation objectives and the principles of natural justice and fairness. • To assess and weigh evidence and to make findings and recommendations in a report to the Minister. • To provide administrative procedures which enable maximum involvement of citizens, groups, specialists and government agencies. • To ensure Inquiries are commenced, conducted, and reported in a minimum time while having proper regard to the issues. • To conduct Inquiries in a cost effective manner. Letter to the Minister The Hon Dr Andrew Refshauge MP Deputy Premier Minister for Urban Affairs and Planning Minister for Aboriginal Affairs Minister for Housing Dear Minister It is with pleasure that I submit to you the Annual Report of the Commissioners of Inquiry for Environment and Planning for the reporting year 1998-99 for tabling in Parliament. As you will be aware the Commissioners of Inquiry have no statutory obligation to submit an Annual Report under the Annual Reports Acts. Nevertheless, in accordance with my previous practice, and having regard to the social, environmental and economic significance of all Inquiries conducted, I submit this report to you and to Parliament as a summary of activities undertaken by the Commissioners and staff in the past year. Yours sincerely William Simpson AM Chairperson II Chairperson's Statement The Commissioners completed eight Commissions At present further work is programmed with a view to of Inquiry pursuant to the Environmental Planning enabling submissions made to Inquiries being and Assessment Act, one pursuant to the Heritage Act available via the internet. and two public hearings on behalf of Local Government Authorities during the year. I am satisfied, as in past years and again in the year under review that the Commissions of Inquiry have Inquiry reports of considerable State significance been thorough, independent and fair. The required completed included the Perisher Range Village public reports make each Commission accountable to Master Plan, Land Use Planning for the Illawarra the Government and the community. Reference to Escarpment, Cowal Gold Project, Tahmoor Appendix 1 of this report also demonstrates the Underground Coal Mine, Mount Pleasant Open Cur minimal operational cost enabled by the Coal Mine and Blue Mountains Draft Local management, staffing and hearing procedures of the Environmental Plan. Office of the Commissioners of Inquiry. As indicated by the increasing participation of the I wish to thank the Commissioners and Staff for their community in the Inquiry process it is evident that professional approach to a demanding role and there is a keen appreciation of the "hands-on support they have given me during the year. opportunity" to participate in the environmental decision making process. In terms of public participation it is to be noted that not only has there been an increase in the number of community members participating but in addition, submissions now contain an increased amount of relevant environmental detail including social and economic considerations. Such input assists the William Simpson AM Commissioners to address matters raised in the EIS. In the event of a recommendation for approval it also Chairperson contributes to the formulation of consent conditions which enable the community to be regularly advised as to the environmental performance of a development. As proposed m my 1996/97 report the community is now able to access the Office of the Commissioners of Inquiry via the internet (http://www.coi.nsw.gov.au.) Interest in this regard may be gauged in that during the first twelve months of operation about 1,000 persons visited the Commissions internet site. II The Commissioners and Their Role Overview The Legislation The Office of the Commissioners of Inquiry for The principal planning legislation in New South Environment and Planning commenced with the Wales, the Environmental Planning and Assessment advent of the Environmental Planning and Act 1979 (EP&AAct) ensures that all relevant aspects Assessment Act in 1979. of proposed developments are examined before approval to proceed is granted by the relevant The planning legislation in New South Wales authoriry. The Heritage Act 1977 ensures that provides for Public Inquiries to be held to examine a important items of heritage value are preserved for range of environmental issues, planning problems postenry. and development projects. The Commissioners conduct Inquiries as directed by the Minister for Under the EP&A Act, the majoriry of development Urban Affairs and Planning. They report to the proposals are approved or declined by an aurhoriry Minister who makes the final decision. such as a local council without reference to an Inquiry. The Act sets out the circumstances in which Commissioners also are appointed by the Minister to either a Public Inquiry must be held, or when one conduct Inquiries into conservation choices under may be held if the Minister so decides. Also, a local the Heritage Act. In other cases the Commissioners council or government authoriry can request an may conduct Public Hearings for local councils on Inquiry to assist it in making its decision. A full their request. schedule of the Inquiries undertaken is included in the Appendices. The Inquiry process enables the general public to participate meaningfully, alongside technical experts Under the Heritage Act, the Heritage Council of and government agencies, in important decisions New South Wales has a responsibiliry to make which affect the whole communiry. It also entrusts to recommendations to the Minister for the placing of strictly independent Commissioners the viral tasks of items on the State Heritage Register. The Minister balan~ing all the views expressed and making may appoint a Commissioner of Inquiry to consider carefully considered recommendations. the recommendations of the Heritage Council, the submissions of the owner, and the views of any other interested parties. A similar procedure may apply to There are currently four full-time Commissioners, proposals by the Minister or the Heritage Council to appointed by the Governor-in-Council. Their remove an item from the State Heritage Register. extensive experience encompasses planning and A Commissioner oflnquiry may also be appointed in development control, building regulation, local certam cases to hear appeals relating to heritage government, law, engineering and environmental matters. management. They are independent of government, and under the legislation are explicitly free from direction by anyone associated with government. The Inquiry Process The work of the Commissioners naturally has a far An Inquiry is held before a decision is made, and has reaching effect on the development of the State, the two important functions. It encourages maximum quality of life enjoyed by its people, and the public participation by giving everyone who wants to protection of the environment. be involved a chance to express their views and have their concern taken into account. Secondly, an Inquiry ensures that all persons involved have access to all the information and opinions submitted to the Inquiry so that each can examine and question the submissions of others. II An important feature oflnquiries is that they are not report presented to it. Parries to the Inquiry are conducted in the manner of a court of law. advised of the Commissioner's findings and Proceedings are informal and evidence is not recommendations. In the case of a heritage Inquiry, normally taken on oath, but submitted in advance in the public release of a report remains a ministerial wntmg. Further, the information put before an responsibility. Inquiry does
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