<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2018-11-07" />
  <sessionName>Fifty-Fourth Parliament, First Session (54-1)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="1899" />
  <endPage num="1949" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Environment Protection Authority</name>
      <text id="20181107d2e9114a3bf6415da0000194">
        <heading>Environment Protection Authority</heading>
      </text>
      <talker role="member" id="3130" kind="question">
        <name>The Hon. M.C. PARNELL</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2018-11-07">
            <name>Environment Protection Authority</name>
          </question>
        </questions>
        <startTime time="2018-11-07T14:56:03" />
        <text id="20181107d2e9114a3bf6415da0000195">
          <timeStamp time="2018-11-07T14:56:03" />
          <by role="member" id="3130">The Hon. M.C. PARNELL (14:56):</by>  I seek leave to make a brief explanation before asking a question of the Minister for Human Services, representing the Minister for Environment and Water, about misleading EPA advertisements.</text>
        <text id="20181107d2e9114a3bf6415da0000196">Leave granted.</text>
      </talker>
      <talker role="member" id="3130" kind="question" continued="true">
        <name>The Hon. M.C. PARNELL</name>
        <house>Legislative Council</house>
        <text id="20181107d2e9114a3bf6415da0000197">
          <by role="member" id="3130">The Hon. M.C. PARNELL:</by>  Earlier this year, there was a great deal of controversy over a proposal by Flinders Ports to widen a seven-kilometre stretch of the shipping channel at Outer Harbor in order to accommodate larger vessels. The controversy was largely triggered by the fact that the last time such a dredging operation took place, back in 2005-06, the resulting turbidity destroyed 1,600 hectares of valuable seagrass meadow. That was the conclusion of the EPA's aerial photography investigation at the time.</text>
        <text id="20181107d2e9114a3bf6415da0000198">Another aspect of the controversy this year was the failure by both the State Planning Commission and the EPA to release the EPA's assessment of the current dredging proposal. In fact, it was only as a result of pressure from the Greens that the document was finally released. However, it was only released after the planning commission hearing, which meant that none of the representors, especially the fishing industry and conservation groups, had the chance to respond to it at the hearing.</text>
        <text id="20181107d2e9114a3bf6415da0000199">This history of secrecy and disrespect for public input is why it was doubly concerning to see today the EPA publish an advertisement in <term>The Advertiser</term> concerning an application by Flinders Ports for an EPA licence for the dredging and dumping of 1½ million cubic metres of material. This advertisement is buried in the public notices on page 52 of the paper. In the advertisement, the EPA erroneously claims that it is legally obliged to issue the licence and the only matters up for discussion are details of licence conditions. This is wrong in law and, if not corrected, it will have the effect of the EPA improperly and unlawfully rejecting valid submissions. If not corrected, any representors who find their submissions disregarded would have a solid case for judicial review. My questions of the minister are:</text>
        <text id="20181107d2e9114a3bf6415da0000200">1.&amp;#x9;Was the minister aware that the EPA had misled the public over the Flinders Ports licence application advertisement in <term>The Advertiser</term> this morning?</text>
        <text id="20181107d2e9114a3bf6415da0000201">2.&amp;#x9;Will the minister now ask the EPA to readvertise for public submissions in a way that does not attempt to illegally constrain the subject matter of submissions?</text>
        <text id="20181107d2e9114a3bf6415da0000202">3.&amp;#x9;Will the minister ask the EPA to amend its website, which includes the same misleading information?</text>
      </talker>
      <talker role="member" id="2742" kind="answer">
        <name>The Hon. J.M.A. LENSINK</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Human Services</name>
          </portfolio>
        </portfolios>
        <startTime time="2018-11-07T14:58:40" />
        <text id="20181107d2e9114a3bf6415da0000203">
          <timeStamp time="2018-11-07T14:58:40" />
          <by role="member" id="2742">The Hon. J.M.A. LENSINK (Minister for Human Services) (14:58):</by>  I thank the honourable member for those questions. I will take those on notice, seek a response from the responsible minister in another place and bring back a reply.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>