Offsets policy in Western Australia: now you need it, now you don't

WA proponents still must carefully and thoroughly prepare their assessment documents, and ensure an adequate lead-time for the assessment process.

The dramatic decision by the West Australian Supreme Court in December 2015 that the WA EPA was legally obliged (and failed) to take into account specific offsets policies in assessing the Roe 8 Highway Extension - and that consequently the Environment Minister's approval of the proposal was invalid - has been overturned. On 15 July 2016 the WA Court of Appeal unanimously and decisively rejected the Supreme Court's reasoning, and thereby reinstated the Minister's approval.

This means the Government can award contracts to begin constructing the highway extension before the upcoming March 2017 State election.