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Court upholds WA Govt appeal in Roe 8 case

Appeals Court overturns previous ruling, first stage of Perth Freight Link project gets go-ahead

 

Industry has welcomed the news about the Western Australian government winning its appeal against a former supreme court ruling that made environmental approvals for Perth’s Roe 8 road network invalid.

In December last year, chief justice Wayne Martin had ruled against the Environmental Protection Authority (EPA) approval, stating the authority had failed to follow its own environmental consideration guidelines by giving the project an all-clear.

The government then launched an appeal against the ruling, which was overturned by three Appeals Court judges today.

The panel set aside Justice Martin’s order on the basis that the EPA policies were “permissive relevant considerations” and not mandatory guidelines.

Today’s decision is major win for the Barnett Government that had promised to go ahead with the project despite opposition from all sides.

It is also significant for the EPA that had faced humiliation after the previous supreme court decision.

The $1.9 billion Perth Freight Link project has been mired in controversy since the EPA approved its first stage, which involves expansion of the Roe Highway through the Beeliar Wetlands.

After Save Beeliar Wetlands’, the group opposing the project, appeal against the permission was upheld, the government demanded a reassessment of the project to ensure it went ahead with all relevant approvals.

Save Beeliar Wetlands states it will continue its fight against the project despite today’s decision.

The Livestock and Rural Transport Association of Western Australia (LRTAWA) seems unfazed by the criticism the project had attracted, saying most infrastructure projects do not draw support from all sides and the benefits offered by Roe 8 outweigh the flack.

“There is no justification for any further delays in letting contracts and getting the project underway,” LRTAWA president Stephen Marley says.

“Like most developments not everyone is going to be satisfied but there is no question that Roe 8 will free up transport flows into some of the busiest areas along Leach Highway and South Street which will improve safety for ordinary commuters.

“On top of the safety benefits there will be efficiency dividends from reduced travel time for trucks and environmental benefits from fewer emissions and less fuel use.”

Marley says “better access to Kwinana will support development and investment which will mean more jobs and more work for transporters.

“This project makes social, economic and environmental sense and it is time we just got on and built it.”

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