Ed Husic requesting a response to his 1600 or so pages of "concerns" also implies a prejudice.
What other PEP has been subject to this request and why and how is PEP-11 any different to any other?
There would have been conversations between the legal entities of each party. They would be well aware of each parties motives and what the strategy and machninations are for the government.
These processes take time. Not for the purposes of delay, but ensuring that the process is adhered to. Primariy proceduarl fairness and natural justice.
The right to be heard and afforded reasonable time to respond is central.
This 1600 page request for further information may backfire on Mr. Husic.
Firstly the concerns and request for information may be considered frivilous and time wasting.
Secondly, the concenrs ED has may have been addressed throught the NOPTA process, yet ED has failed to read the recommendations and the reasons for recommending approval. A comprehensive response from Avent will illustrate that these matters have been delt with.
Lastly, ED's reqiests and concerns may be outside his remit or decsion making jusridicition.
Eg how will the gas extraction be managed, or how will gas be transported given the NSW prohibitions.
PEP-11 is to drill one hole. If the application process has been followed and meets NOPTA requirements (and we now know NOPTA has recommended approval) then approval ought be given unless there exist significant and over riding considerations against approval.
Moreover, ED may be stepping outside his remit. He has been deligated the reposnsibility of acting on NOPTA advice. Thats it. Make a decsion and walk away. Its the environment and resource minister's responsibility there after.
I am not concerned, frustrated yes, that this will take longer. Advent needs and wants time to ensure that their response is comprehensive. The response may paint Ed into a corner whereby he has no option but to approve.
Ed cannot deny the permit if NOPTA has recommended and Advent has provided reasonable reposnses to Ed's concerns. Well, he can, but this will end up in court. Leagl advice to Ed, will be to approve.
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