The state government plans to cancel a new environmental review of the controversial Roe 8 highway extension project after winning a legal appeal today, but it remains unclear when contracts for the project will be awarded.
The state government plans to cancel a new environmental review of the controversial Roe 8 highway extension project after winning a legal appeal today, but it remains unclear when contracts for the project will be awarded.
The government successfully appealed against a court ruling that the Environmental Protection Authority’s assessment of Roe 8 was invalid, and as such it has cancelled plans to environmentally reassess Roe 8.
“In light of today’s Court of Appeal’s decision, the reassessment of Roe 8 will no longer be required because the original EPA assessment and my ministerial approval remain valid,” Environment Minister Albert Jacob said.
“I will discuss today’s decision with the EPA and the independent delegates to cease the reassessment process.”
Premier Colin Barnett said this morning that while the $500 million contract for construction of Roe 8 had been finalised, it would need to be revisited.
“We’re not going to rush or panic,” he said.
“We’ll just go about that in an orderly way.”
In October last year, a consortium led by Leighton Holdings was named the preferred proponent for the project.
The consortium comprised Leighton, Georgiou Group, GHD, AECOM, WA Limestone, and BG&E.
The $1.9 billion Perth Freight Link project aims to divert heavy trucks on to a direct route to Fremantle Port and will be the state's first toll road; but conservationists are up in arms as the first stage, known as Roe 8, will cut through the environmentally sensitive Beeliar wetlands.
The EPA approved Roe 8, but protest group Save Beeliar Wetlands successfully challenged it in court, with Chief Justice Wayne Martin ruling the watchdog "took no account of its own published policies" but was legally obliged to.
The Barnett government then filed an appeal, which the full bench of the WA Court of Appeal unanimously upheld today, accepting the state's argument the EPA's policies were mere guidelines.
Save Beelair Wetlands spokeswoman Kate Kelly said the group might need to raise more funds for a High Court appeal, depending on how costs were awarded following Friday's decision.
"It's disappointing but it's certainly not the end," Ms Kelly told reporters outside court.
"Our campaign has been going in one form or another for 30 years so we're not going to stop now.
"They do not have a mandate to build this road. Take it to the election.
"We've got seven and a half months left of this term of government - I think we'll be able to hold on."
Ms Kelly said construction was already on hold pending the outcome of an appeal to deregister an Aboriginal sacred site within the Beeliar reserve.
Opposition spokesman Chris Tallentire labelled the state government "environmental vandals" and warned it against signing contracts for the project as Labor would not support it if it won the next election.
"It's time they realised this project has no community support ... Back off and let the people decide in March next year," Mr Tallentire said.
Greens MP Lynn MacLaren said she had never before in her political career "heard so many people commit to standing in front of bulldozers" if the project proceeded.
