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Port future with court

TOM WINTERBOURNESound Telegraph

A supreme Court hearing next month should determine the future of the $450 million James Point port development in Kwinana.

With the WA Government reneging on a commitment to back the development, James Point Pty Ltd is seeking court intervention to force the Government to honour a commitment made before being elected to power.

Chris Whitaker, chairman of the JPPL consortium, said on Friday a writ was served on the Government a few weeks ago with a replacement writ served on December 22, asking for a declaration from the court that a contract JPPL had with the Government remained valid.

The Government has to file its defence with the court by February 17 and a directions hearingwith a judge is listed for February 22.

In a Liberal Party ‘‘Vision for the Port of Fremantle’’ document before the last election, then Opposition transport and infrastructure spokesman Simon O’Brien committed a future Liberal Government to ‘‘honour the JPPL agreement and indeed give the consortium or its successor a fresh opportunity to contribute to the future of the State’’.

Mr O’Brien also slated the then Labor Government in the document, saying i t had behaved in a ‘‘reprehensible manner’’ towards JPPL and accused it of a ‘‘disgraceful d i s p l a y o f i d e o l o g i c a l petulance’’.

Dr Whitaker said JPPL remained highly committed to the project, it just wanted the Government to honour its commitment.

The port will be developed in two stages.

The $150m Stage 1, immediately north of Fremantle Port’s existing bulk handling jetties, will be a bulk and general facility involving 14ha of seabed reclamation.

The $300m Stage 2a, an international container facility with a dual-gauge rail spur, will bethe commercial cornerstone of the overall investment.

JPPL has both WAPC and EPA approvals for the development and last year was granted development approval for the dredging and reclamation work.

Mr Whitaker said he hoped the port would be completed within three years of the resolution of the impasse with the Government.

Transport Minister Troy Buswell declined to comment due to the court case.

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