Davie Bay, Texada Island, Canada - Lehigh Northwest Cement (HeidelbergCement AG) Texada South Quarry
Friends of Davie Bay (FODB) is a BC Non-Profit Society contesting a proposal by Lehigh Northwest Cement (Lehigh) to quarry above Davie Bay, Texada Island, and build a barge loading facility in the bay. This site is dedicated to defending Davie Bay. We are lobbying the BC and Federal governments to refuse the Lehigh application and preserve the valuable Crown lands and foreshore for public use.
Lehigh, whose parent company is HeidelbergCement AG, (Germany) applied in May 2009 to the BC Government for use of the foreshore at Davie Bay for a barge loading facility. Lehigh plans to extract 240,000 tonnes of limestone per year.
UPDATE. MARCH 9, 2012
As you know Friends of Davie Bay (FDB) are asking the Courts to require the Environmental Assessment Office (EAO) to conduct an Environmental Assessment of the proposed Lehigh Quarry at Davie Bay. The basis of our case is described in David Perry's summary of June 14-2011, Overbuild Quarry Avoids Environmental Assessment. (Dave is our lead counsel)
Essentially FDB are saying that the EAO practice of accepting a proponent's stated output, without doing an independent assessment of production capacity, is contrary to the regulations. In the case of Lehigh, it said its output would be just 240,000 tonnes per year (under the 250,000 threshold for an EA) although in its the application it stated minable reserves of over 100 million tonnes, and an acreage of about 80 hectares, so about 400 years of supply. FDB say that the minable capacity of the quarry is way in excess of 240,000 tonnes per annum based on the minable reserves, acreage and infrastructure.
The case went to Appeal on Jan 18, 2012. If the Judges decide against us they will need to explain how this loophole can be justified, so we may win. A decision is expected in April. If we win FDB are hopeful that the project is opened up to a full environmental assessment as it should be, given its scale and significance of the Davie Bay area to Texada, and all residents and interested parties are able to take part in that assessment.
Here is the oral argument put to the BC Court of Appeal: Oral Argument.
More of FDB’s argument to the BC Court of Appeal appears below.
Let's hope we win. If so, I hope FDB will be able to take full part in the setting of the terms of reference for an environmental assessment and intercede forcefully with the EAO to protect the Davie Bay area.
Thank you Friends so much for your support.
Richard Fletcher, Director. Friends of Davie Bay
Legal Background
FODB have asked for a judicial review of BC's decision on the Texada South Quarry. The judicial review took place in Vancouver in the BC Supreme Court on February 1, 2011. We filed a court challenge that could force the provincial government to re-examine the way it issues mining approvals and save an ecologically fragile ocean bay from industrial development. This court challenge has the potential to win a reprieve for Davie Bay, but it could also clarify that BC's environmental assessment office must ensure that major projects with huge environmental impacts are fully assessed.
The judicial review took place in Vancouver in the Supreme Court on February 1, 2011. Here is background information and the FODB submission to the BC Supreme Court, filed January 18, 2011.
The FODB Press release of January 31, 2011 is here.
A summary of the February 1, 2011 court proceedings is here.
A copy of the reply Submission made to Justice Voith at the Hearing on February 1, 2011 is here.
FODB argued that BC's Environmental Assessment Office has incorrectly interpreted the regulation that would trigger an environmental assessment by relying solely on Lehigh's estimated production rate of 240,000 tonnes per year. FODB seeks a court order declaring that the Reviewable Project Regulation requires an environmental assessment when the infrastructure investment, equipment, operational plan and size of the proposed quarry and reserves indicate that the quarry will have a capacity that exceeds the defined capacity of 250,000 tonnes per annum.
FODB say that “production capacity” in the Regulation means what a mine is capable of producing, not just what the company says it will produce. The mandatory provisions of the Act cannot be evaded by a proponent’s subjective declaration that they will voluntarily use only a fraction of a project’s capacity.
If you would like to join the Davie Bay email group for regular updates, please send a request to friendsofdaviebay@gmail.com
Click here for the full press release of July 26, 2010.
Here are the Petition, Affidavit and Index to Affidavit Exhibits filed with the Court, July 26, 2010.
We are grateful to the generous support of West Coast Environmental Law who is assisting us in the legal fight. However, we need to raise funds for the cause. If you can help please consider a donation to FODB, either through the PayPal link above, or by sending a cheque, payable to Friends of Davie Bay, to FODB, Box 136, Gillies Bay, BC, V0N 1W0. Every dollar helps.
More information about Davie Bay
Davie Bay is an area of outstanding natural beauty; the shoreline and islands of Davie Bay are spectacular. Tom Scott has posted a selection of pictures of Davie Bay at picasaweb.google.co.uk/tomnsharon/DavieBay. Davie Bay has little islands just offshore and spectacular views of the Georgia Strait, including Lasqueti and Vancouver Islands.
A movie of Davie Bay is now available on YouTube: Davie Bay - A Place Worth Protecting
The province's auditor general says B.C.'s Environmental Assessment Office is failing to do an adequate job monitoring compliance at mines, power plants, big tourist resorts and other major projects.: click here for news item from CBC.
The Auditor general's report on the Environmental Assessment Office (PDF).: is here.
We are grateful for your interest and urge you to become a supporter of FODB. Please go to the box on the right and sign up as a supporter. If you wish you can then be placed on our email list for future announcements.
Check out the WCEL Blog Size matters when it comes to environmental assessments.
Listen to the July 28 CBC Victoria podcast of the interview of John Dove (FODB) by Gregor Craigie "On the Island".
Friends of Davie Bay.
