2007 ABEAB 36 Appeal No. 07-129-DOP
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ALBERTA ENVIRONMENTAL APPEALS BOARD
Discontinuance of Proceedings
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Date of Discontinuance of Proceedings – October 25, 2007
IN THE MATTER OF sections 91, 92 and 95 of the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12;
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IN THE MATTER OF an appeal filed by Galleon Energy Inc. with respect to the decision of the Director, Northern Region, Regional Services, Alberta Environment to refuse to issue a Reclamation Certificate to Galleon Energy Inc. for the Normandville 4-2-79-21-W5M well.
Cite as: Galleon Energy Inc. v. Director, Northern Region, Regional Services, Alberta Environment (25 October 2007), Appeal No. 07-129-DOP
I. BACKGROUND
[1] On June 13, 2007, the Director, Northern Region, Regional Services, Alberta Environment (the “Director”), refused to issue a reclamation certificate under the Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, to Galleon Energy Inc., for the Normandville 4-2-79-21-W5M well in the Municipal District of Smokey River No. 130.
[2] On October 17, 2007, the Environmental Appeals Board (the “Board”) received a Notice of Appeal from Galleon Energy Inc. (the “Appellant”), appealing the Director’s decision.
[3] On October 18, 2007, the Board wrote to the Appellant and the Director (collectively the “Participants”) acknowledging receipt of the Notice of Appeal and notifying the Director of the appeal. The Board also requested the Director provide the Board with a copy of the records (the “Record”) relating to this appeal, and that the Participants provide available dates for a mediation meeting, preliminary meeting or hearing.
[4] In the same letter, the Board advised the Appellant that their appeal appeared to be filed outside of the 30 day time limit prescribed in the Environmental Protection and Enhancement Act. The Board requested the Appellant indicate to the Board the reasons for the extension of time to appeal and provide an explanation as to why the appeal was filed outside of the 30 day time limit.
[5] According to standard practice, the Board wrote to the Natural Resources Conservation Board and the Alberta Energy and Utilities Board asking whether this matter had been the subject of a hearing or review under their respective legislation. Both boards responded in the negative.
[6] On October 23, 2007, the Board received a letter from the Appellant advising they wish to withdraw their appeal, and will be resubmitting their application for a reclamation certificate to the Director.
II. DECISION
[7] Pursuant to section 95(7) of the Environmental Protection and Enhancement Act, and based upon the withdrawal of the appeal by the Appellant, the Board hereby discontinues its proceedings in Appeal No. 07-129 and closes its file.
Dated on October 25, 2007, at Edmonton, Alberta.
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Dr. Steve E. Hrudey, FRSC, PEng
Chair