Decision Date: August 30, 2001

Panel: Alan Andison

Keywords: jurisdiction, preliminary matter, amended permit, mediation

The Appellants appealed the issuance of an amended permit by the Assistant Regional Waste Manager (“ARWM”). The Appellants appealed on the ground that the amended permit was inconsistent with the directions of the Board, as stated in an earlier decision. The Appellants requested that the appeal proceed by way of written submissions. The Board subsequently advised all parties that it was unclear whether the revisions in the amended permit issued were inconsistent with its earlier directions, and also whether the decision to issue the amended permit could be appealed to the Board. The parties were given an opportunity to provide submissions on those matters, to assist the Board in determining whether it had jurisdiction over the appeal.

The parties all agreed that the ARWM’s issuing of the amended permit constituted a decision and was appealable under the provisions of the Waste Management Act. The Board agreed that an appealable decision had been made, but limited the appeal to those matters related to the ARWM’s issuing of the amended permit that were raised in the Appellants’ Notice of Appeal. As all of the parties consented to participate in a mediation process, the Board found it unnecessary to deal with the Appellant’s application to proceed by way of written submissions.