1999 ABEAB 24 Appeal No. 99-151-DOP
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ALBERTA ENVIRONMENTAL APPEAL BOARD
Discontinuance of Proceedings
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Date of Discontinuance of Proceedings - October 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);
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IN THE MATTER OF an appeal filed under the Water Act by Mr. Terry Cook on behalf of Weyerhaeuser Canada Ltd. with respect to the refusal by the Director, Northwest Boreal Region, Alberta Environment, of Weyerhaeuser’s application for a water resources permit.
Cite as: Weyerhaeuser Canada Ltd. v. Director of Northwest Boreal Region, Alberta Environment.
TABLE OF CONTENTS
BACKGROUND............................................................................................................................ 1
DECISION...................................................................................................................................... 3
BACKGROUND
[1] On September 16, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated September 13, 1999 from Mr. Terry Cook on behalf of Weyerhaeuser Canada Ltd., (Appellant) advising that Weyerhaeuser’s application for an approval to repair a culvert on Stetson Creek located at NW 06-062-12-W6 had been refused by the Director of Northwest Boreal Region, Alberta Environment (Department).
[2] On September 16, 1999 the Board acknowledged receipt of the Notice of Appeal from Weyerhaeuser Canada Ltd. and, at that time requested a copy of all correspondence, documents, and materials relative to the appeal from the Department.
[3] According to standard practice, on September 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. Reply was subsequently received from the NRCB on September 20, 1999 stating that they did not hold any hearing or review under their legislation.
[4] On September 24, 1999, the Board received a letter dated September 13, 1999 from Mr. Cook requesting the following:
“At this point in process Weyerhaeuser Canada Ltd. requests that the appeal be put on hold until discussions with the Department have been completed. We are requesting that 30 days be provided at which time our plans to appeal or concede will be decided”.
[5] In a letter of September 27, 1999, to the parties, the Board advised that the appeal would be held in abeyance until October 25, 1999, at which time parties were to provide status reports. The Department advised that they conceded to Weyerhaeuser’s request and would provide a status report and all relevant documentation at that time.
[6] On October 15, 1999, the Board received a letter dated October 13, 1999 from Weyerhaeuser stating:
“This is a request by Weyerhaeuser Canada LTD that the appeal File #EAB 99-151 be discontinued. Weyerhaeuser will pursue other options to improve the Stetson Creek Crossing.”
DECISION
[7] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Weyerhaeuser’s letter of October 13, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-151 and will be closing its file.
Dated October 15, 1999 at Edmonton, Alberta.
Dr. William A. Tilleman