Enhanced permitting review, cumulative effects analysis establish strong regulatory environment for proposed quarry expansion
The proposed expansion of the Bamberton quarry near Mill Bay will undergo an enhanced review through the Mines Act permitting process, not an environmental assessment by the B.C. Environmental Assessment Office (EAO).
George Heyman, Minister of Environment and Climate Change Strategy, reviewed submissions received from the Saanich Inlet Protection Society, First Nations and the public during the EAO’s review of the request to designate the expansion as a reviewable project under the Environmental Assessment Act, along with the analysis by EAO officials. He also considered a previous 1996 Ministry of Environment report on cumulative effects on the Saanich Inlet.
Following the EAO’s review, Heyman participated in discussions with the ministries of Energy, Mines and Low Carbon Innovation (EMLI) and Water, Land and Resource Stewardship (WLRS) and the EAO to determine whether an enhanced permitting process conducted by EMLI in collaboration with the EAO, and a separate cumulative effects analysis within the Saanich Inlet by WLRS, could address the concerns raised by local residents and First Nations effectively, fairly and expeditiously.
As a result of discussions with the EAO and ministers, and respecting issues brought forward by the Saanich Inlet Protection Society, First Nations and the public during the EAO review, EMLI developed an enhanced permit review process for the project. The enhanced permit process will include ongoing consultation with the EAO, technical review by geotechnical, geoscience and reclamation specialists, and further engagement with First Nations and the public.
Heyman determined that an environmental assessment by the EAO will not be required for the project proposed by Malahat Investment Corporation. In making the decision, he highlighted that the concerns raised about risks to the sensitive and unique Saanich Inlet ecosystem will be addressed by the enhanced permit amendment review process, coupled with the cumulative effects analysis to be developed in consultation with First Nations and the EAO.
Heyman has recommended to the EMLI statutory decision-maker that if the quarry expansion is approved, annual reporting on environmental monitoring should be required, with review by an environmental review committee to ensure any mitigation measures imposed are effective, and to recommend permit amendments, if necessary. In addition, the minister recommended this ongoing monitoring include consideration of any findings from the cumulative-effects analysis.
The EAO determined that the renewal of a foreshore lease for a dock and a permit for a clean fill site on the property are not eligible for an environmental assessment because both have been in operation for many years. Heyman has recommended that the Ministry of Forests consult with the EAO to ensure all relevant issues, concerns and information gathered during the EAO’s review are considered when completing the review of the foreshore lease-renewal application.
The EAO heard from the Saanich Inlet Protection Society, First Nations, Malahat Investment Corporation, Cowichan Valley Regional District, other government agencies and the public during its review. This input informed a report for the minister that examined a wide range of considerations about whether or not the project should undergo an environmental assessment.
Tsartlip First Nation and Tsawout First Nation supported designating the project as reviewable, asserting that a full environmental assessment would better ensure their Douglas Treaty rights are protected. Malahat Nation, which owns Malahat Investment Corporation, did not support designating the project as reviewable.
To address the high level of public interest in the project, the EAO held a public-comment period, which was extended twice and ran from Jan. 17 to Feb. 21, 2023. The EAO received more than 500 comments. About 200 people attended an online public information session on Feb. 2, 2023.
The EAO’s review of the application to designate the Bamberton Quarry expansion as reviewable exceeded the 30-day timeline, and an extension of 237 days was granted.
Reviewable projects require an environmental assessment by the EAO, and an environmental assessment certificate, to be approved by the Province and to move forward to permitting decisions.
Learn More:
For a Ministry of Energy, Mines and Low Carbon Innovation factsheet on enhanced Mines Act review process for Bamberton quarry expansion, visit: http://news.gov.bc.ca/factsheets/bamberton-quarry-expansion-receives-enhanced-mines-act-review
Minister’s reasons for decision are posted here:
https://www.projects.eao.gov.bc.ca/api/public/document/649b2c7c05009500224b7683/download/Bamberton%20Reasons%20for%20Decision%20-%20FINAL%20SIGNED.pdf
All documentation ministers considered in making their decision is available on the EAO’s website: https://www.projects.eao.gov.bc.ca/p/63654a5d99a2870022a0621b/documents
For more information on the environmental assessment process, visit: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/environmental-assessments
A backgrounder follows.