BPH - NOPTA PROTOCOL FACTS

Further to Federal Joint Authority member Keith Pitt's comments in the media that he is yet to officially receive NSW representative John Barilaro's decision on the first PEP11 application, the threads are being inundated with theories about the NOPTA process.

I have previously contacted NOPTA to ascertain the ACTUAL protocol in the event that the decision is not handed down by 12/2/21 which is now appears almost certain to be the case. In short, the permit does not expire today, it will continue until such time as the decisions on both the first AND second applications are handed down.

Furthermore, there is NO time limit on how long the JA can take to reach their decision. Readers can verify this for themselves by contacting NOPTA direct should they wish.

I have previously posted this information but in the current circumstances I provide it again. Here is the exact wording from NOPTA on how their protocols operate:-

Currently PEP11’s Permit Year 5 and permit term have an end date of 12 February 2021 (current expiry date).

However the variation, suspension & extension application currently pending Joint Authority decision was made in relation to Permit Year 4. This is because at the time of applying, the titleholders were in Permit Year 4. Therefore, if the application is approved, Permit Year 4 will be suspended and the permit term will be extended resulting in the permit being active beyond the current expiry date.

On the other hand if the application is refused, the titleholders will be in non-compliance in relation to the Permit Year 4 work program commitments. This may be grounds for cancellation of the permit under section 274 of the OPGGS Act. In that scenario NOPTA may initiate cancellation proceedings. Both scenarios will depend on the decision.