• Sechelt Indian Band v. Deputy Director of Waste Management

    Decision Date:
    1996-02-28
    File Numbers:
    Decision Numbers:
    94/16(b)
    Third Party:
    Sunshine Coast Resources Council; Wilson Creek-Davis Bay Community Association; Regional Waste Manager, Third Parties
    Disposition:
    DEPUTY DIRECTOR DECISION TO BE REVERSED AND ORDER AN IMMEDIATE RE;ISSUANCE OF PERMIT, ONCE DONE PANEL FURTHER ORDERS REGIONAL MANAGER TO AMEND PERMIT

    Summary

    Decision Date: February 28, 1996

    Panel: Judith Lee, Sheila Bull, Laurie Nowakowski

    A permit was issued to the Sechelt Indian Band authorizing effluent discharge to the Georgia Strait for a proposed housing and marina development. A local ratepayers association appealed the decision. The Deputy Director upheld the appeal and cancelled the permit on the finding that the local governments in the area were involved in a liquid waste management planning process and were planning to extend local sewers to the permit area. The Sechelt Indian Band appealed that decision to the Board. The Board allowed the appeal and ordered the Deputy Director to re-issue the permit. The Board found that the Deputy Director had made inquiries after the hearing before him and had considered additional information without inviting the parties to the appeal to respond or comment, thus breaching the rules of natural justice. Further, the Board concluded that the original permit approved by the Regional Waste Manager adequately protected the environment.