Next step is to hear from all parties on remediation
In a decision released today, the Environmental Review Tribunal has ruled that the proponent for the Settlers Landing wind power project near Pontypool Ontario will cause harm to the natural environment.
The Tribunal finds that engaging in the Project in accordance with the REA will cause serious and irreversible harm to plant life, animal life or the natural environment as set out in s. 145.2.1(2)(b) of the EPA. Specifically, the Tribunal finds that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to a significant woodland identified as Woodland 11, including the habitat it represents.
The Tribunal also found that the Appellant did not have grounds for its appeal on harm to human health.
The next step, according to the Tribunal, is:
Consistent with the Ontario Court of Appeal decision in Prince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015 ONCA 269 (CanLII), the Tribunal is providing a separate opportunity for the parties and participants to address the appropriate remedy and the Tribunal’s remedial jurisdiction in this case under EPA s. 145.2.1(4), which provides:
145.2.1 (4) If the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b), the Tribunal may,
(a) revoke the decision of the Director;
(b) by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations; or
(c) alter the decision of the Director, and, for that purpose, the Tribunal may substitute its opinion for that of the Director.
A telephone conference is scheduled to determine next steps and timing in this matter.
Graham Andrews of Eric K Gillespie Legal Corporation was acting for the appellant.