NEAC, The National Environmental Appraisal Committee rejected the Waterloo Pot proposal for the second time last year. That left Waterloo to seek an appeal with the three person tribunal - but the process had a fatal flaw. One of the members of the appeals tribunal was the Senator representing the private sector, in this case, Kevin Herrera from Chamber of Commerce. But he's also the brother of Allan Herrera, the lead local consultant for Waterloo. More than that, the Chamber's position in support of the Waterloo project was well known publicly.
So, that forced the government to change the law governing appeals with statutory instrument No. 23 of 2023. That amended the Environmental Impact Assessment regulations to allow the Prime Minister to name an alternate nominee when there is a conflict of interest.
And that alternate is now known. She is Lucy Fleming, a long time tourism stakeholder and resort owner who will now serve as the Private Sector representative.
The other members are High Court Judge Patricia Farnese, who will serve as Chairperson and science expert, Professor Terrance Hughes a scientist, who, according to a government release, quote, "has academic knowledge and training in environment, natural resources management and other related disciplines."
While this reconstituted appeals tribunal better suits government's specifications, we expect that it further stokes the anger of the Ashcroft Alliance which has consistently argued that the Waterloo Project has been the victim of unfair regulatory practices. Bottom line? Government should expect another of those lengthy legal challenges.
