1999 ABEAB 30 Appeal No. 99-153-DOP
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ALBERTA ENVIRONMENTAL APPEAL BOARD
Discontinuance of Proceedings
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Date of Discontinuance of Proceedings - November 4, 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 by Mr. John B. Parry, 362107 Alberta Inc. with respect to the refusal of the Inspector, Parkland Region, Alberta Environment, to issue a Reclamation Certificate to 362107 Alberta Inc.
Cite as: 362107 Alberta Inc. v. Inspector, Parkland Region, Alberta Environment.
re: 362107 Alberta Inc.
TABLE OF CONTENTS
BACKGROUND............................................................................................................................ 1
DECISION...................................................................................................................................... 2
BACKGROUND
[1] On September 24, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated September 22, 1999 from Mr. John B. Parry, Consulting Landman, 362107 Alberta Inc., (Appellant) with respect to the refusal of Mr. B. Pelech Inspector, Parkland Region, Alberta Environment (Department) to issue a Reclamation Certificate for a well located at legal description 6-16-49-3 W5M.
[2] On September 28, 1999 the Board acknowledged receipt of the Notice of Appeal from Mr. Parry 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 28, 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. A reply was subsequently received from the AEUB on October 13, 1999 stating that they did not hold any hearing or review under their legislation.
[4] On November 1, 1999, copies of the documents requested by the Board were provided by the Department and a copy was forwarded to Mr. Parry in a letter dated November 2, 1999 and copied to the Department. In this same letter, the Board asked Mr. Parry if he wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation[1] and if there were any other persons who may have an interest in the appeal. On this same date, the Board wrote to the Department asking for comments on participating in a mediation meeting and if they were aware of any other persons who may have an interest in the appeal.
[5] On November 4, 1999, the Board received a letter from Mr. John B. Parry, 362107 Alberta Inc., stating:
“Pursuant to our telephone conversation I am confirming with you that 362107 Alberta Inc. has decided to withdraw our appeal and attempt to resolve the situation through other methods with both the land owner and inspector involved”.
DECISION
[6] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Parry’s letter of November 4, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-153 and will be closing its file.
Dated November 4, 1999 at Edmonton, Alberta
Dr. William A. Tilleman