The consortium behind the proposed James Point port at Kwinana has stepped up its campaign to get the infrastructure project up and running.
The consortium behind the proposed James Point port at Kwinana has stepped up its campaign to get the infrastructure project up and running.
Fresh from a win in the State Administrative Tribunal against the Western Australian Planning Commission, James Point Pty Ltd has sought confirmation that the state government intends to excise a big area of water along the Kwinana coast required for the port’s development and operations.
Behind the scenes it appears the government is still at odds with James Point over its plans to add a container operation as part of the proposed port’s second stage.
And while the SAT decision pertains to the proposed port’s waters, a remaining issue is leasing the land required to operate the port and link it to road and rail infrastructure.
It is clear, though, that the consortium has grown tired of the slow progress for approvals and is prepared to make a significant legal challenge if the state hesitates to deliver on the operating agreement it signed with the company in 2000.
It is understood the company, whose biggest shareholder is building magnate Len Buckeridge, has retained leading Sydney barrister Bret Walker SC to argue its case.
James Point chairman Chris Whitaker was hesitant to suggest the group had taken a more aggressive stance.
“Rather than ‘going on the offensive’ everything has lined up,” Mr Whitaker said.
The key new development, he said, was the development approval obtained from the WAPC after a protracted process, which ended up at the SAT.
The win at the SAT almost three weeks ago means James Point can now go ahead with key development moves such as dredging and land reclamation, once the waters required have been excised from the Fremantle Port Authority.
Mr Whitaker said the company had formally advised the government of its intention to start construction of its bulk and general port facility on January 2, 2013. According to the company, that notice to Transport Minister Troy Buswell requires him to immediately notify Lands Minister Brendon Grylls, who can authorise the excision.
To show just how far things have gone, Mr Whitaker said the company had also advised the state of its nominations for pilot and harbourmaster, both of whom required appointment by the governor.
James Point will use the same pilot as Fremantle and has secured the services of former deputy harbour master at Fremantle, Captain Charles Deans.
The Pastoralists and Graziers’ Association of WA said it welcomed the announcement by James Point to start construction on its port after long delays driven by bureaucracy.