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NOPTA's Role, page-75

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18/08/24

18:47

Post #: 75258633
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Originally posted by Apolloz: ↑

Im gonna put down some points to date: Some are FACTS and everything else is ALLL MY OPINON and DEDUCTION (as Sherlock said - 'Pure deduction my dear Mr Watson" - dont know IF he said that - but you get the jist!..lol)

1. NSW has legislated a 5km ban to STOP PEP11 (pollies own words used during parliament). IF NSW was confident that the FEDs had a way of refusing PEP11 - would they need to legislate? Also..NSW knows they too MUST make a decision in accordance with Law - and to date - without having made the decision yet - have legislated to STOP PEP11. To me this tells me that they can not REFUSE PEP11 and they know FEDs cant either.
2. Zali believes you need NEW legislation at the Federal level to stop pep11 and thus she has proposed her own STOP PEP11 Forever bill. (lets not forget she is a lawyer/barrister?). Her bill KILLS PEP11 before a decision can be made by the JA. IS the current legislation (and I assume the OPGGS Act only) not adequate to REFUSE?.... the last 5 years tells me - NO... the OPGGS Act - does not allow you to REFUSE PEP11 (unless u are biased)
3. Whilst in opposition - some pollies (i believe MK is one) stated Minister Pitt could "kill PEP11 with the stroke of a pen"... well - now in Government - I think she has found that is not true. You can not kill PEP11 with a stroke of a Ministerial pen without Legal Justification
4. Bias....... no need to expand on this. Make your decisions without bias - and if not - back to court.
5. The Bell Report - in that report it states - NOPTA recommended APPROVAL for the first application. NOPTA can NOT change that Approval Recommendation in the 2023 report for the first application.

These are my thoughts from someone who has been part of PEP11 for about 8months.

I can not see how the JA can REFUSE. As I have said from my first posts on here - they may have a hail mary - or an ace up their sleeve....we can only find out IF we can get them to make a decision.

So..here we are... back in Court. How long it will take I do not know... but we are back where we need to be!

GOod LUck to ALL..... it is in the hands of Lawyers and Judge now.

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Justadabble says NSW has NOT legislated the 5km ban

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NOPTA's Role, page-75

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