Appeal No. 00-008, 009 and 010

Date of Discontinuance of Proceedings - March 31, 2000


IN THE MATTER OF Sections 84, 85, and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);

-and-

IN THE MATTER OF appeals filed by Mr. Victor Chrapko, Ms. Elizabeth Chrapko and Ms. Julie Heath with respect to Approval No. 00077677-00-00 issued under the Water Act to R.V. Recreational Park Development Inc. on December 3, 1999, by the Manager, Regional Support, Parkland Region, Alberta Environment.

Cite as: Chrapko et al. v. Manager, Regional Support, Parkland Region, Alberta Environment re: R.V. Recreational Park Development Inc.

 

TABLE OF CONTENTS

BACKGROUND 1
DECISION 3
 

BACKGROUND

[1] On December 3, 1999, the Manager, Regional Support, Parkland Region, Alberta Environment (Department), issued Approval No. 00077677-00-00 under the Water Act to R.V. Recreational Park Development Inc. authorizing the exploration for groundwater at SE 17-056-11-W4, near Brosseau, Alberta.

[2] On March 9, 2000, the Environmental Appeal Board (Board) received Notices of Appeals dated March 9, 2000 from Mr. Victor Chrapko and Ms. Elizabeth Chrapko, and on March 10, 2000 received a Notice of Appeal from Ms. Julie Heath, dated March 9, 2000, (Appellants) objecting to the Approval.

[3] On March 10, 2000 the Board acknowledged receipt of the Notices of Appeals from Mr. Chrapko, Ms. Chrapko and Ms. Heath in a letter stating:

..."As it appears your Notice of Appeal has not been filed within the 7-day period required by section 116(1)[(1)], please indicate whether there are 'sufficient grounds' for the Board to extend that period under section 116(2)(2)".

At that time, the Board requested a copy of all correspondence, documents, and materials relative to the appeals from the Department. On this same date, the Board also wrote to R.V. Recreational Park Development Inc. advising of the appeals and providing them with a copy of the Notices of Appeals.

[4] According to standard practice, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards' legislation. Replies were subsequently received from the NRCB and EUB, stating that they did not hold any hearing or review under their respective legislation.

[5] On March 23, 2000, the Board received a letter dated March 23, 2000, from the Department stating the following:

"At a meeting on March 22, 2000 with the Appellants Victor Chrapko, Elizabeth Chrapko and Julie Heath, I was asked to tell you that the Appellants are withdrawing their appeals..."

[6] On March 30, 2000, the Board received letters dated March 30, 2000 from Mr. Victor Chrapko and Ms. Elizabeth Chrapko, both letters stating the following:

"This is to advise that I am withdrawing the appeal made under the Water Act."

[7] On March 31, 2000, the Board received a letter dated March 30, 2000, from Ms. Julie Heath stating the following:

"This is to advise that I am withdrawing the appeal made under the Water Act."

DECISION

[8] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on letters dated March 30, 2000, from Mr. Victor Chrapko, Ms. Elizabeth Chrapko and Ms. Julie Heath, the Board hereby discontinues its proceedings in Appeal No's 00-008, 009 and 010 and will be closing its files.

Dated March 31, 2000 at Edmonton, Alberta.

Dr. William A. Tilleman, Q.C.


FOOTNOTES

1. 116(1) A notice of objection must be submitted to the Environmental Appeal Board

(a) not later than 7 days after

(i) receipt of a copy of a water management order or enforcement order, or

(ii) in the case of an approval, receipt of notice of the decision that is objected to or the last provision of notice of the decision that is objected to,

(b) in any other case, not later than 30 days after receipt of notice of the decision that is objected to or the last provision of notice of the decision that is objected to.

2. 116(2) The Environmental Appeal Board may, on application made before or after the expiry of the period referred to in subsection (1), extend that period, if the Board is of the opinion that there are sufficient grounds to do so.

 

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