Post by IAMCAPER on Sept 9, 2004 22:27:18 GMT -4
A group of Cape Breton lawyers is joining forces to find ways to legally end the development of a rock quarry in Coxheath hills.
Sydney lawyer Elizabeth Cusack said the group has agreed to volunteer their services to battle the issue as nearby residents continue to protest the planned mining of 10 acres of land at the top of the hills.
The lawyers are turning to sections of the Environment Act as they prepare to build a case against the development.
In a letter to Environment and Labour Minister Kerry Morash, Cusack states that the act protects against any undertakings that have a negative impact on the environment.
“The minister has very broad power if he chooses to use it,” said Cusack.
She noted the minister has the authority to ensure any project that concerns him undergoes an environmental review. As well, the act provides even broader powers of intervention.
“I understand that (developer and owner of the property in question) Van Zutphen’s have a contract with (Department of Transportation and Public Works), which makes their access to the rock in Coxheath hills financially beneficial,” wrote Cusack. “However, you have a higher duty under the Environment Act to protect the environment.”
She said that a loophole that potentially exists for developers is only a loophole if the minister allows it to be. An environmental assessment is required if a project is larger than four hectares. That potentially allows a company to develop a series of quarries as long as each one remains under four hectares.
“I hope that in deciding whether to exercise the discretion and obligations clearly assigned to you under the act that, after considering that the buck actually stops with you, you will consider the people who will be affected,” she wrote. “It’s simply not tenable in the year 2004 to place a polluting construction undertaking in the midst of a residential area.”
Cusack, who lives in Sydney River, said she is concerned the development could affect her air quality and drinking water. As well, a more significant impact could result for those living closer to the hills, she said.
Morash does have final approval over any mining permits. An administrator reviews the application to consider the suitability of the site, the effectiveness of monitoring and rehabilitation programs, proposed methods of reducing releases, available alternative technologies, and the past performance of the applicant, as outlined in the government’s guide to the Environment Act.
The minister has the right to refuse an approval based on the public interest override power. The minister may only use that power when it contravenes a policy of government or the department or if the location is unacceptable or if the adverse effects are unacceptable.
Morash has said his department is waiting for an application before making a decision on whether or not the company can proceed with the development.
If the application is filed, and if the company meets the Environment Department’s requirements for such a development, the quarry could go ahead, he said.
But, public consultation will be conducted prior to any approval.
Sydney lawyer Elizabeth Cusack said the group has agreed to volunteer their services to battle the issue as nearby residents continue to protest the planned mining of 10 acres of land at the top of the hills.
The lawyers are turning to sections of the Environment Act as they prepare to build a case against the development.
In a letter to Environment and Labour Minister Kerry Morash, Cusack states that the act protects against any undertakings that have a negative impact on the environment.
“The minister has very broad power if he chooses to use it,” said Cusack.
She noted the minister has the authority to ensure any project that concerns him undergoes an environmental review. As well, the act provides even broader powers of intervention.
“I understand that (developer and owner of the property in question) Van Zutphen’s have a contract with (Department of Transportation and Public Works), which makes their access to the rock in Coxheath hills financially beneficial,” wrote Cusack. “However, you have a higher duty under the Environment Act to protect the environment.”
She said that a loophole that potentially exists for developers is only a loophole if the minister allows it to be. An environmental assessment is required if a project is larger than four hectares. That potentially allows a company to develop a series of quarries as long as each one remains under four hectares.
“I hope that in deciding whether to exercise the discretion and obligations clearly assigned to you under the act that, after considering that the buck actually stops with you, you will consider the people who will be affected,” she wrote. “It’s simply not tenable in the year 2004 to place a polluting construction undertaking in the midst of a residential area.”
Cusack, who lives in Sydney River, said she is concerned the development could affect her air quality and drinking water. As well, a more significant impact could result for those living closer to the hills, she said.
Morash does have final approval over any mining permits. An administrator reviews the application to consider the suitability of the site, the effectiveness of monitoring and rehabilitation programs, proposed methods of reducing releases, available alternative technologies, and the past performance of the applicant, as outlined in the government’s guide to the Environment Act.
The minister has the right to refuse an approval based on the public interest override power. The minister may only use that power when it contravenes a policy of government or the department or if the location is unacceptable or if the adverse effects are unacceptable.
Morash has said his department is waiting for an application before making a decision on whether or not the company can proceed with the development.
If the application is filed, and if the company meets the Environment Department’s requirements for such a development, the quarry could go ahead, he said.
But, public consultation will be conducted prior to any approval.