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Milford Haven Orimulsion Jetty Would Be Unlawful Now
10 July 1996
Friends of the Earth has today (Wednesday 10 July) submitted a legal opinion to Pembrokeshire County Council warning that the Council will be acting unlawfully if it approves now an application by Milford Haven Port Authority for a jetty to import orimulsion, a dirty, tar-like fuel from Venezuela. The orimulsion will be used by National Power at Pembroke power station if it is given permission to modify the station. The Council is due to make a decision on the jetty application on 29 July.
Peter Roderick, Friends of the Earth's Legal Adviser said:
"In our opinion Pembrokeshire County Council will be acting unlawfully if they give the go-ahead for the orimulsion jetty at this stage, and would be open to legal action."
Approving the jetty application at this stage would be unlawful, claims FOE, for the following reasons [1]:
The jetty would be sited in a valuable wildlife area which was recommended as a Special Area of Conservation in March 1995, but which the Government has failed to submit to the European Commission as required by 5 June 1995. Friends of the Earth has obtained a leaked minute from the DTI which states that "for the purposes of determining the power station and jetty applications, the area would be treated as if it had been formally adopted as an SAC". The site will be damaged by construction of the jetty. There is a risk of a spill of orimulsion releasing potentially dangerous chemicals into Pembrokeshire waters, yet there has been an inadequate assessment of the impact of the proposal on the site, as required.
There is no justification for the Council approving the jetty before permission has been granted for Pembroke power station to be converted to orimulsion.
National Power has not made public an important research document on the impact of orimulsion spills.
The original Environmental Statement produced by the Port Authority is inadequate under European law. Among the issues it does not address are: the impact on important fish breeding grounds of dredging to build the jetty; the impact of toxic slicks on marine life; and the effects of sea spray carrying orimulsion inland.
Gordon James, Head of Campaigns at FOE Cymru, said:
"We hope Pembrokeshire County Council will take heed of the enormous public concern about plans to import this new, dirty type of fuel to our unique environment and will support our calls for a public inquiry."
ENDS
NOTES TO EDITORS:
[1] The full letter to Pembrokeshire CC setting out our legal objections is attached.
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Published by Friends of the Earth Trust
Last modified: Sep 2008



