The Environmental Appeals Board’s hearing regarding the approval issued by Alberta Environment and Parks to Badlands Recreation Development, has been scheduled for May 16-18, 2022 via videoconference.
The hearing was scheduled for February of this year, but it was postponed.
In January 2020, Alberta Environment and Parks approved an application from Badlands Recreation Development Corp. to place fill in two wetlands, to modify three wetlands, and to construct, operate and carry out maintenance of a stormwater management system.
Following the approval on January 8, 2020, the Alberta Environmental Appeals Board issued a decision on April 28, 2020. The board received 27 Notices of Appeal of the approval.
The board reviewed these submissions to gauge whether the appellants were directly affected and whether a stay should be granted. The board found of the 27 notices of appeal, seven were directly affected.
“A recent Alberta Court of Appeal decision commented on the board’s rules for standing. As a result of this court decision, the board is reviewing its original decision on standing,” Gilbert Van Nes, General Counsel and Settlement Officer, Environmental Appeals Board, previously told the Mail.
According to correspondence from Denise Black, Board Secretary Environmental Appeals Board, “Once the hearing closes, the Board will provide the Minister of Environment and Parks with its Report and Recommendations within 30 days pursuant to its legislation. The Minister typically makes his decision within 30 days.”
The Approval is for infilling two wetlands, modifying three wetlands, and constructing, operating and carrying out maintenance of a stormwater management system for the Badlands Motorsport Resort.
The hearing is with respect to the wetlands and stormwater management system, and not the racetrack project as a whole.
A Consent Order was filed in the Court of Queen’s Bench on December 7, 2020, stating Badlands undertakes to not conduct any physical alteration of the wetlands subject to the Approval until the Minister makes a decision on these appeals.
