Appeal No. 99-010

Date of Discontinuance of Proceedings - April 28, 1999

 

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 Section 84 of the Environmental Protection and Enhancement Act, S.A. 1992 c.E-13.3, filed by Mr. Donald Savard, Chairman, Marie Lake Landowner's Association, with respect to Amending Approval No. 1651-01-01, issued to Suncor Energy Inc. on December 31, 1998, by the Director of the Northeast Boreal Region, Alberta Environmental Protection.

Cite as: Marie Lake Landowner's Association v. Director, Northeast Boreal Region, Alberta Environmental Protection re: Suncor Energy Inc.

TABLE OF CONTENTS

BACKGROUND 1
DECISION 2


BACKGROUND

[1] On December 31, 1998, the Director of the Northeast Boreal Region, Alberta Environmental Protection (Department), issued Amending Approval No. 1651-01-01 to Suncor Energy Inc., approving the operation and reclamation of the Burnt Lake in-situ heavy oil recovery plant.

[2] On March 25, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal from Mr. Donald Savard, Chairman, Marie Lake Landowner's Association (Appellant) advising that he objected to the issuance of Amending Approval No. 1651-01-01. The following outlines the relief the Appellant seeks:

"Review of approval decision and appropriate landowner consultation."

[3] The Board wrote to Mr. Savard on March 26, 1999, acknowledging receipt of his appeal, and requested and comments on the following:

"... Your Notice of Appeal raises a timeline issue. While awaiting for the documents to arrive from the Department, the Board would like comments from you and other parties involved, regarding your Notice of Appeal and the operation of ss. 84(4)(c) and 84(5) of the Act. ..."

[4] On March 26, 1999, the Board advised Suncor Energy Inc. that an appeal had been filed and provided them with a copy of Mr. Savard's appeal.

[5] On April 15, 1999, the Board received a copy of a letter from Suncor Energy Inc. to Mr. Van Nes advising that "Suncor believes this Notice of Appeal to be invalid" and outlining their reasons.

[6] The Department responded to Suncor in a letter of April 16, 1999 stating:

"We can advise you that we met with Mr. Savard and we believe that we have reached an understanding with Mr. Savard that will see this appeal resolved without having to proceed to any formal participation by the Board."

[7] On April 19, 1999, the Board received a letter via fax dated April 17, 1999 from Mr. Savard stating:

"I can advise you I met with Alberta Environmental Protection on April 15, 1999 regarding the above noted appeal. AEP has agreed to work with the Marie Lake Landowners Assn. to promote better relations with Suncor. AEP has also agreed to raise the issue of accumulated impacts with Suncor. AEP has also advised me that is [sic] also concerned with the issue of accumulated effects in the area and will be pursuing this issue. AEP's and your co-operation has been appreciated."

[8] On April 28, 1999, the Board received a letter via fax dated April 27, 1999, stating:

"Further to my letter of April 17, 1999 I wish to advise you that I after the assurances provided at the April 15, 1999 meeting I wish to withdraw my appeal. I thank you for your timely response and assistance in this matter. Our association will continue to monitor approvals for this area to ensure that appropriate consideration is being given to accumulative impacts and consultation."

 

DECISION

[9] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Donald Savard's letter of April 28, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-010 and will be closing its file.

Dated April 28, 1999, at Edmonton, Alberta

Dr. William A. Tilleman

 

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