With reference to the Commonwealth’s decision of 23 April 2003 revoking its original decision that the proposed upgrading of the Arthur River Road in northwest Tasmania was a ‘controlled action’ under the Environment Protection and Biodiversity Conservation Act 1999 and the fact that the Commonwealth appears to have decided that the upgrade was not a controlled action on the basis that it would be carried out in a particular manner pursuant to section 77A of the Act (the manner in which the upgrade was to be undertaken is specified in the conditions attached to the decision of 23 April 2003):

(1)   Given that section 77A of the Act provides for heavy fines for a person taking an action that is inconsistent with the manner specified by the Minister or the Minister’s delegate, why are there six unimplemented conditions.

(2)   In what timeframe will the conditions attached to the decision of 23 April 2003 be implemented.

(1)   The manner specified decision was made on 23 April 2003 under section 77 of the Environment Protection and Biodiversity Conservation Act 1999. Section 77A does not apply to the proposal, as it was part of the amendments package passed by Parliament on 23 September 2003. My Department is working with the Circular Head Council and Tasmania’s Department of Tourism, Arts and the Environment to ensure that the action is undertaken in an appropriate manner.

(2)   It is not possible to give a timeframe on the implementation of the manner specified decision in full, as some elements involve ongoing consultation with other parties.