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Category: States and Territories / Road Transport

Risks to signing Roe 8 contract amid legal action, WA Government told

Friday, 16 Sep 2016 11:57:28 | Nicolas Perpitch

The project would extend Roe Highway west of the Kwinana Freeway. (ABC News: Andrew O'Connor)

Legal advice handed to the West Australian Government has raised potential risks about the signing of any contract for the Roe 8 highway extension while legal proceedings are underway in the High Court.

The State Government won an appeal in June against a Supreme Court decision which ruled environmental approvals for Roe 8 were invalid.

However, the Save Beeliar Wetlands group last month lodged papers seeking leave to appeal that ruling in the High Court.

The Government has confirmed in the Legislative Council that it had received legal advice on the impact of the High Court challenge on any Roe 8 contract.

Jim Chown, the parliamentary secretary representing the Minister for Transport in the Upper House, said the legal advice did not contain information about termination payments, which may be required if the challenge was successful.

"The application sought by Save Beeliar Wetlands for special leave to the High Court does not preclude the awarding of contracts," Mr Chown said.

Asked if the legal advice raised any concerns or risks regarding signing a contract with legal proceedings underway, Mr Chown said it had.

Roe 8 is a key part of the $1.6 billion Perth Freight Link project, which seeks to build a byway for heavy haulage from Perth's eastern industrial suburbs to Fremantle Port.

Labor has promise to dump the project if it wins the March state election.

Don't rush contract before election: Labor

Labor's transport spokeswoman Rita Saffioti has called on the Government to release the legal advice and again warned the Government not to lock in Roe 8 contracts before the poll.

"We know they want to try and rush this contract through before the election. We are calling on them not to do it," Ms Saffioti said.

"This is new evidence and new advice to again demonstrate why they shouldn't put taxpayers' money at risk by signing this contract at this point in time."

Transport Minister Dean Nalder has been contacted for a response.

Labor has pointed to a report by the Victorian auditor-general, which found the abandoned East-West Connect project had cost Victorian taxpayers a total of $1.1 billion.

Ms Saffioti said that report identified there were existing legal processes underway in Victoria regarding that project.

"That again was a factor in actually saying the contract should not have been signed at that time," she said.

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