No doubt many words will be written and spoken (and cartoons drawn), and rightly so, about the Supreme Court decision invalidating the environmental approvals for the contentious Roe 8 highway project across the Beeliar wetlands.
For those who want to find out more, the judgment can be downloaded from
http://decisions.justice.wa.gov.au/supreme/supdcsn.nsf/judgment.xsp?documentId=4DC12FEF66845A8248257F1D00095F93&action=openDocument&SessionID=EA3F2IOG9F.
The Editor of the
West Australian is increasingly isolated in supporting Roe 8 and the broader Perth Freight Link, which flies in the face of decades of bipartisan freight planning for Perth and WA - and was cobbled together only to 'replace' MAX light rail funding when then-PM Tony Abbott said the federal government would only help fund road infrastructure, not public transport.
In finding that the Environmental Protection Authority ignored its own policies, Chief Justice Wayne Martin highlights the politicisation, incompetence or worse that has infected too many important decisions of public service and so-called independent agencies. Even now, Barnett's response is that Roe 8 will go ahead because he'll find a way around the Supreme Court's judgment.
There is another court case in progress that highlights precisely the same issue - this one about the Development Assessment Panels (DAPs) ignoring the requirement to have regard to local Town Planning Schemes. Wayne Martin's judgment will give great heart the many who are aghast at the DAPs' riding roughshod over long-standing community expectations that have been enshrined in their local town planning schemes, which have the status of law under the
Planning and Development Act, 2005.
Why is it that we can no longer trust our governments or agencies that supposedly represent our interests to do so impartially, intelligently and with integrity? Why do we have to resort to the courts to ensure that they do the jobs they were elected (no mention of the PFL in the 2013 WA election) or employed to do?