A SUPREME Court decision which found the EPA's assessment of the Roe Highway Stage 8 project to be invalid will be appealed to clarify requirements for approval decision-making, the WA Government announced last week.
The State Government will request the Environmental Protection Authority (EPA) reassess the Roe Highway Stage 8 project, following the Supreme Court decision in December
Premier Colin Barnett said Roe 8 remained a key priority for the State Government and was necessary for the safe and efficient operation of the road network in Perth's southern suburbs.
"The State Government will request a reassessment of the Roe 8 project to ensure that this critical project proceeds with all necessary environmental approvals in place," Mr Barnett said.
The State Government will also appeal the Supreme Court decision, given the broader implications of the decision on future development in the State.
"An appeal is necessary to provide clarity for assessment and approval processes undertaken by State agencies and local governments," the Premier said.
"The decision to appeal is based on advice from the State Solicitor's Office that it considers there are valid grounds to support an appeal.
"The Supreme Court's decision is likely to have implications more broadly for government decision-making. The decision's importance extends beyond just Roe 8; it is an important one for all of government because it deals with the question of when a government policy becomes a mandatory relevant consideration for decision-making."
Environment Minister Albert Jacob said an appeal would be filed at the earliest practicable opportunity, having carefully considered the decision and its implications.
"The EPA will also reassess the Roe Highway Stage 8 project with opportunity for public comment," Mr Jacob said.
"The EPA will decide how the assessment will proceed. However, the EPA has advised me that it proposes the reassessment will be undertaken by the new chairman and delegates, who are yet to be appointed."
The Roe 8 project involves the extension of the Roe Highway from the Kwinana Freeway to Stock Road. A consortium led by Leighton Contractors was selected as preferred proponent last year.