the art of war

In a time where even the inocuous can be important.

Is the BDC steeling its troops against the environmental movement threatening to vandalize the regional economy and public finances,

And of course letting Forrest and Bird know that they will be up for substantial costs if they lose. Read the following and let me know your opinion

From the Westport "The News"
Monday Front Page


By Keira Stephenson
The Buller District Council (BDC) says it will be
sending a team including an experienced legal representative
to the Environment Court to defend its
decision on the Denniston coal mine.
BDC and West Coast Regional Council consent
for Australian mining company Bathurst to open a
200ha coal mine and processing plant on the plateau
was granted at the end of last month after an
almost three month long hearing process.
However, the decision will be appealed in the
High Court by the West Coast Environmental Defence
Network, the Royal Forest and Bird Protection
Society and partially by the Fairdown/Whareatea
Residents Association.
BDC acting chief executive Craig Scanlon said
an appeal and case of this scale required a sound
defence, comprising at a minimum, experienced
legal representation and council staff to appear as
witnesses.
The appeal process could be very involved and
take up a great deal of staff time, said Mr Scanlon.
At this stage he was unable to estimate the costs
to ratepayers for defending the decision, as it was
impossible to tell how long or involved it would be or
what expert witnesses council would be required to
engage, he said.
However, council aimed to reduce the burden
on ratepayers as much as possible while maintaining
the integrity of the decision it made to allow the
mine.
“Council’s position is always to serve the court in
the best way possible in order to avoid costs being
awarded against it,” said Mr Scanlon.
If possible and appropriate council would use the
expert witnesses of other parties in order to reduce
costs.
But when council’s decisions varied from the opinions
of the experts used by other parties it might be
required to provide its own experts.
The Environment Court would fi nd it extremely
unhelpful if council simply sent a representative
along to the appeal to restate its decision and would
likely award costs against council for a poorly or inadequately
stated case, said Mr Scanlon.
If the appeal was won, BDC could potentially be
liable for costs if it didn’t assist the court to make the
right decision, and provide the correct professional
advice, he said.
However, if the appeal was lost it was highly unlikely
BDC would receive costs.

Viney