Appeal No. 99-128

 

Date of Discontinuance of Proceedings - September 30, 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 an appeal filed by Mr. W.A. Rogan of the County of Grande Prairie No. 1 with respect to the decision of the Regional Water Manager, Northwest Boreal Region, Alberta Environment, dated April 26, 1999, to refuse to issue an approval under the Water Act to the County of Grande Prairie No. 1.

Cite as: County of Grande Prairie No. 1 v. Regional Water Manager, Northwest Boreal Region, Alberta Environment.

TABLE OF CONTENTS

BACKGROUND 1
DECISION 3


BACKGROUND

[1] On April 26, 1999, the Regional Water Manager, Northwest Boreal Region, Alberta Environment, issued a decision refusing to issue an Approval under the Water Act(1) to the County of Grande Prairie No. 1 for the purpose of sand and gravel extraction on the Wapiti River at NW 06-70-08-W6M and NE 01-70-09-W6M.

[2] On May 12, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated May 6, 1999 from Mr. W.A. Rogan on behalf of the County of Grande Prairie No. 1 (Appellant) appealing the decision of the Regional Water Manager, Northwest Boreal Region, Alberta Environment.

[3] On May 13, 1999 the Board acknowledged receipt of the Notice of Appeal from Mr. Rogan and at that time requested a copy of all correspondence, documents, and materials relative to the appeal from the Department. The documents were subsequently received on September 8, 1999 and forwarded to the Appellant on September 14, 1999.

[4] According to standard practice, on May 13, 1999, 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 received from the NRCB on May 18, 1999 and from the AEUB on May 20, 1999 advising that they did not hold any hearings or reviews under their respective legislation.

[5] On September 17, 1999, the Board received a letter from the Department of Environment dealing with a preliminary issue. The letter states:

"The preliminary issue is a question as to whether the Board has jurisdiction to hear an appeal of this matter. Specifically, the question is whether the application by the County of Grande Prairie (the "County") was filed under the Water Act, S.A. 1996, c. W-3.5 or under the Water Resources Act, R.S.A. 1980, c. W-5. ..."

The Department suggested the following alternative in their letter:

"As Alberta Environment does wish to deal with the issue raised by the County, once it is properly before the Board, we can advise that we intend to write to the County with a proposed approach. Specifically, we will be requesting that the County withdraw their appeal and submit a new application to Alberta Environment under the Water Act".

[6] On September 20, 1999, the Department wrote to the County of Grande Prairie No. 1, and copied the Board, with their proposal.

[7] On September 21, 1999, the Board wrote to the parties acknowledging the Department's letter and proposal and advising that the Board would await Mr. Rogan's response to the Department's letter.

[8] On September 28, 1999, the Board received a letter from Mr. Rogan stating the following:

"Please consider this as formal notice of the withdrawal of the County of Grande Prairie's appeal with regard to gravel extraction off a gravel bar in the Wapiti River.

Please be advised we will be re-applying for this work under the Water Act as suggested by counsel for Alberta Environment".

DECISION

[9] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Rogan's letter of September 28, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-128 and will be closing its file.

Dated September 30, 1999 at Edmonton, Alberta

Dr. William A. Tilleman


FOOTNOTES

1. S.A., 1996, c.W-3.5.

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