Appeal No. 99-133

Date of Discontinuance of Proceedings - July 15, 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. Ed Osborne of Gulf Canada Resources Limited, with respect to the decision of the Inspector, Parkland Region, Alberta Environment, to refuse to issue a reclamation certificate.

Cite as: Gulf Canada Resources Limited v. Inspector, Parkland Region, Alberta Environment.

 

TABLE OF CONTENTS

BACKGROUND 1
DECISION 2

 

BACKGROUND

[1] On June 8, 1999, Mr. Don Welsh, Inspector, Parkland Region, Environment (Department), refused to issue a reclamation certificate for Shell Fenn 16-34-36-20 well, located at NE Sec. 34, Tp. 36, Rge. 20, W4M in Stettler, Alberta.

[2] On June 16, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal from Mr. Ed Osborne of Gulf Canada Resources Limited (Appellant) advising that he objected to the Inspector's decision. The Appellant sought the following relief:

"Instead of the application being cancelled, the Inquiry should be postponed and rescheduled for a time when the lease and access road can be properly evaluated - perhaps mid July 1999."

[3] The Board wrote to Mr. Osborne on June 16, 1999 acknowledging receipt of his appeal and requesting the Department provide all correspondence, documents and materials related to the appeal.

[4] According to standard practice, on June 16, 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 subsequently received from both the NRCB (on June 21, 1999) and the AEUB (on June 25, 1999) stating they did not hold any hearing or review under their respective legislation.

[5] On July 10, 1999 copies of the documents requested by the Board were provided by the Department. Subsequently, the Board undertook a review of the documents prior to distribution of the documents.

[6] On July 14, 1999, the Board received an e-mail from Mr. Osborne stating, among other things:

"Gulf Canada Resources Limited hereby withdraws it's [sic] against the reclamation certificate application cancellation for 16-34-36-20 W4M. A site visit by this office on 13 July 1999 revealed that the vegetation has not recovered to a degree reflective of the data presented in the application and is unlikely to do so in the near future. Gulf will likely not be in a position to reapply until next summer.

We apologize for any inconvenience this may have caused your office. We appreciate the opportunity to have had a few extra weeks from the scheduled inquiry to give the vegetation on the lease time to recover from the impact of overgrazing, However [sic], a few weeks in this case does [sic] not be [sic] adequate."

DECISION

[7] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Osborne's e-mail of July 14, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-133 and will be closing its file.

Dated July 15, 1999, at Edmonton, Alberta

Dr. William A. Tilleman

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