Construction boss Len Buckeridge's BGC has was won a key development battle, achieving environmental approval for his proposed quarry expansion at The Lakes near York.
Construction boss Len Buckeridge's BGC has was won a key development battle, achieving environmental approval for his proposed quarry expansion at The Lakes near York.
Mr Buckeridge said the four-year fight for approval had cost him around $5 million and he vowed to pursue damages against those who he claims were "full of mischief" in their efforts to halt the project.
His main anger was directed at some of the quarry's neighbours who he claimed were "vexacious" in their dealings with the planning and environmental approvals process, causing the legal fight to end up in the Full Court of the WA Supreme Court.
It is understood this group initially stood against the project as individuals before the formation of the Lakes Action Group to oppose the quarry.
"They delayed us for four years, cost us $1 million in environmental impact statements and $4 million in income lost," Mr Buckeridge said.
"We will be suing for recovery."
The win by BGC is expected to clear the way for planning approval for the expansion, giving Mr Buckeridge victory in another of three major projects which stalled when Labor came to power in 2001.
The other two projects are a brickworks, which BGC has now sought to build on Commonwealth-owned land managed by the Westralian Airports Corporation, and the James Point port at Kwinana.
BGC lawyer Michael Hotchkin of Hotchkin Hanly Lawyers said today's approval from the Environment Minister Judy Edwards on the recommendation of the Environmental Protection Authority was the most important victory in the long running battle.
Mr Hotchkin said legal action by opponents of the quarry expansion had resulted in decision by the Full Court of the WA Supreme Court deciding that planning approval should be held up until environmental approval was granted.
He said under the Full Court decision, the State Administrative Appeals Tribunal could have blocked planning approval at any stage, if that had been its decision.
Mr Hotchkin confirmed that consultancy costs for the environmental approval process were between $800,000 and $1 million as BGC was forced to address "spurious" claims regarding the environmental risks associated with the project.
Ms Edwards said some conditions will apply to the new hard rock quarry expansion with operational hours restricted; measures to manage dust, noise and vibration; staged development.
The Ministers statement reproduced below:
Environment Minister Judy Edwards has approved a proposed a new hard rock quarry at The Lakes, west of Northam, subject to a range of stringent environmental conditions.
This decision comes after the Environmental Protection Authority recommended conditional approval for the project, following a lengthy environmental assessment and the Minister's consideration of 15 appeals on the EPA's report and recommendations.
The proposal, by BGC (Australia) Pty Ltd, is to develop a new hard rock quarry next to an existing operation.
Dr Edwards said the conditions aimed to address a number of concerns raised in appeals from residents near the proposed quarry.
A key Ministerial condition would restrict quarry operations to daytime hours on weekdays and on Saturday mornings, rather than late into the night and early morning as proposed by the company.
The company also would have to take action to manage dust emissions, vibration from blasting, and construction noise, as well as ensuring that the quarry did not impact on surface and ground water in the area.
The quarry also would have to be developed in stages to manage impacts on a population of trapdoor spiders found on the site. The company would have to undertake further studies and implement appropriate protection strategies for the spiders, including a translocation program if necessary.
"Nearby residents had raised a range of complaints in respect to the existing quarry and were concerned that the new quarry would lead to significant impacts on the amenity of the local area," the Minister said.
"Given the 50-year life of the quarry, it is appropriate that a precautionary approach is taken in approving the expansion.
"I therefore have applied conditions to the project which aim to ensure the operation does not adversely impact on local amenity and implement a best practice approach to environmental management and monitoring.
"I also have asked the Department of Environment to amend the licence for the existing quarry operation to take into account factors considered during the assessment of the new quarry.
"In particular, the department will look at the requirements for dust and vibration management and water monitoring and will consider the need for additional conditions relating to noise if necessary.
"The Ministerial conditions also require the company to establish an independently chaired community liaison group to provide a forum for community and stakeholder input into the detailed planning and operation of the quarry."
