UNJUST & UNREASONABLE !
EIA steamrolls its way to authorisation…
One of the most frustrating things for an Interested and Affected Party (I&AP) during an EIA process, is for their comments, issues or concerns to be ignored… and for the EIA process to steamroll its way towards an environmental authorisation, with no regard for the issues raised… or for the rule of law, for that matter !
This is exactly what happened to one of my clients affected by a housing development.
The developer applied for and was granted environmental authorisation for a number of listed activities. However, the EIA report contained no detailed description and assessment of some of the proposed activities.
For example, in the Environmental Authorisation, the development of a bridge over a river was authorised. But the EIA report contained no conceivable description of the bridge nor any conceptual or engineering designs. The report contained no environmental impact assessment pertaining to the potential impacts of the development and use of the bridge on the receiving environment.
The most startling omission in the entire EIA report was the impact assessment relating to an existing Major Hazardous Installation within the area planned for residential development.
Despite pleas by my client for the impacts associated with the installation to be assessed and for a risk assessment to be conducted, no attention was given to this critical issue.
Our subsequent appeal to the MEC was dismissed, but not before the MEC claimed that our grounds of appeal were “unjust” and “unreasonable” !
As a result, we were forced to approach the High Court to review and set aside the Environmental Authorisation.
This just goes to show, that if communities are not vigilant enough during the EIA process, and are not properly resourced, bad decisions will prevail.
In the end, it is innocent communities who will suffer.
This sad tale also shines the spotlight on environmental assessment practitioners and their ethical responsibility to ensure that a complete and holistic environmental impact assessment is conducted.
If you, your community, your company, or your employer, is faced with the complexities of an Environmental Appeal - give me a shout. I will be more than happy to assist.
