UPDATED: BC Gov backtracks on environmental assessment exemption decision
By Colin Payne
The on-again announcement regarding the environmental assessment exemption for prospective sweet natural gas processing plants and all-season ski resorts, is, off again.
Environment Minister Mary Polak has rescinded the environmental assessment exemption Wednesday, one day after it was announced.
In a written statement, Polak said the government did not consult with First Nations about the proposed change prior to her Tuesday announcement.
The order would have exempted prospective year-round ski resorts and new sweet natural gas plants in B.C. from the Environmental Assessment process.
Polak said the reason for Tuesday’s decision was to eliminate the duplication created by a similar environmental assessment process within the Ministry of Forests and Lands.
In her statement, Polak apologizes for the oversight.
“I would like to acknowledge First Nations’ concerns about amendments to the Reviewable Projects Regulation under the Environmental Assessment Act. Our government apologizes for failing to discuss the amendment with First Nations prior to its approval.”
Liberals remove environmental assessments for ski resorts, gas plants
The provincial government announced changes Monday to the Reviewable Project Regulation that eliminate environmental assessments for resort development and natural gas plants below a certain size – with no public consultation or even discussion in the legislature.
The Amendment to the Reviewable Projects Regulation unveiled in the Legislature Monday afternoon removes any environmental assessment requirements for ski or all-season resort developments in the province and also for sweet (natural) gas plants that produce less than two tonnes of sulphur emissions per day.
According to Nelson-Creston MLA, Michelle Mungall, the changes came as a complete surprise to her and the NDP opposition because they were made via an Order in Council, which essentially allows the government to make changes to regulations and implement decisions around the day-to-day operations of the province.
“They did it behind closed doors,” Mungall said, noting that the NDP is still working on a plan to respond to the changes. “I personally have not been faced with this type of situation before, when there has been this kind of sweeping change made through an Order in Council.
“This is totally going off the deep end for the Liberals. They’re clearly so adamant at working for their buddies that they have no sense of responsibility to the public’s wellbeing or environmental integrity.”
Mungall said the move to halt environmental assessments for ski resorts is directly related to helping the Jumbo Glacier Resort development move forward.
“This is directly about Jumbo because it loses its environmental assessment certificate this October,” she noted. “Jumbo would have had to go through an entirely new environmental assessment process.
“They’ve had their certificate for 10 years and they haven’t built anything. There’s a reason why they have to go through another assessment process, because the environment has changed. That was the law. But when the law doesn’t suit the Liberals friends, the Liberals change it.”
Mungall places much of the onus for the changes to the regulations on the shoulders of Minister of Energy and Kootenay East MLA, Bill Bennett.
“Bill Bennett’s close friends have money involved in Jumbo Resort and they want it to go forward,” she said. “So they’ve changed the law so Jumbo doesn’t need an environmental assessment certificate and they can over the next four years build if they so desire. It’s a huge slap in the face for a region that has said ‘no’ to this resort for 25 years.
“We’ve got to wrap our heads around what we can do at this point, but really it’s up to the public. The public needs to put pressure on Bill Bennett specifically. He’s throwing our ALR under the bus, he’s throwing our backcountry under the bus and this is just not acceptable.”
Province says changes reduce duplication of review processes
The Nelson Daily contacted Minister Bennett for a response but was told to contact the Ministry of Environment for comment, which was not possible by press time.
According to information on the Environmental Assessment Office website, these kinds of projects are “already subject to robust review and approval exercises by other provincial government agencies.
“This move will reduce duplication, while freeing up Environmental Assessment Office resources for reviews of other important projects with the potential for significant adverse effects.”
According to the amendment explanation around regulation of these projects,
“(s)weet natural gas plants use a proven technology with a relatively small footprint that can be fully remediated on closure. The plants are reviewed, authorized and regulated by the BC Oil and Gas Commission.
“The Resort Master Plan sets out a detailed plan of proposed community and recreational infrastructure as well as proposed real estate development within a resort area and provides detailed technical and management information necessary to support the sustainable development of a resort.
“The Ministry of Forests, Lands and Natural Resource Operations has an established Master Plan review process; exempting resorts eliminates a duplication of effort and the potential for undue delays in the decision making process.”
West Kootenay EcoSociety shocked at the decision
David Reid, Executive Director of the West Kootenay EcoSociety, a non-profit group has been at the forefront of the effort to protect the Jumbo Valley area for 20 years said the province is exchanging ecological integrity for expedient development for the Jumbo Resort proponent.
“We are appalled that the BC government would exempt such a high-impact use from environmental scrutiny.”
Last week, the BC Supreme Court ruled against the Ktunaxa Nation Council in its case against the Jumbo development. The Ktunaxa Nation argued that the spiritual significance of the area should preclude permanent settlement, but the court disagreed.
The proposed ski resort, which would include over 6000 beds on completion still faces a legal challenge from West Kootenay EcoSociety.
Reid said the society’s case charges that the Province acted illegally when it created a municipality with no residents in order to expedite planning for the resort.
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