Environmentalist groups have called on the State Government to hold off signing work contracts on the controversial Roe Highway extension until after the March 2017 state election.
The demand follows the State Government’s successful appeal last week in the Court of Appeals, reversing a decision Supreme Court Chief Justice Wayne Martin’s decision last year to void environmental approvals on the Roe 8 project.
Following a legal challenge of the project raised by the Save Beeliar Wetlands group in December, Justice Martin said the Environmental Protection Authority’s approvals were void because they didn’t take into account its own policies.
The State Government appealed the decision citing concerns over its impact on other government departments.
Environment Minister Albert Jacob welcomed the decision saying policies were not law.
“This decision from the Court of Appeal ratifies what has always been our understanding that policies are not legislation,” he said.
“Polices are there as guidelines not to be mandatory relevant considerations.”
He said the decision validated the original environmental approvals. Premier Colin Barnett said they would work to get the project underway as soon as possible.
Save Beelier Wetlands group convener Kate Kelly said the government did not have a mandate to build the wider $1.9 billion Perth Freight Link project and it should take it to the 2017 state election.
“The government has never taken the Perth Freight Link to the public in terms of seeking its approvals,” she said.
“The government doesn’t have a mandate to build this road so we believe it should now be held off until at least the election.
“The caretaker period is only seven months away so I think it would be reasonable they wouldn’t do anything to jeopardise the economic capacity of this state further.”
She said the Court of Appeals decision was disappointing and made things less clear.
“It is a blow for environmental protection laws in this state,” she said.
Ms Kelly said they were looking at how to challenge the appeal in the High Court.
Member for Riverton Mike Nahan welcomed the decision.
“Roe 8 has been a significant issue in the wider community, and especially the Riverton electorate for decades, and was the number one issue at the 2005, 2008 and 2013 elections,” he said.
“I personally remain undeterred and will continue advocating for Roe 8 on behalf of the Riverton community to ensure this important infrastructure is built.”
