Steve Chapman, Panel Manager

Whites Point Quarry and Marine Terminal Project – Joint Review Panel

PO Box 486 C.R.O.

Halifax, NS B3J 2R7

 

Re:  Draft EIS Guidelines

 

My name is Andy Moir.  I live in Freeport, on Long Island, Digby County.  I am not from a second or third or fifth generation family.  In fact, I have no family ties to the Neck and Islands whatsoever.  I live here because I made a choice to do so in the mid-70’s.

 

As a television producer for CBC, I was fortunate to see much of the world.  The unfortunate part was that much of what I saw was not pretty: The aftermath of the ecological and human disaster in Bhopal, India; the tragedies of Chernobyl and Three Mile Island; Love Canal; The Exxon Valdez; the Westray Mine Disaster; The Sydney Tar Ponds.  I was witness to all of these awful events, either in person or as a coordinating producer.

 

I choose to make my home in this secluded and peaceful part of the world because it was so far removed from the potential of such ecological disasters. And now a company – of which very little is known - wants to change the way of life here forever.

 

I mentioned some of the stories I have covered because I want to make this point: In every one of those cases, assurances were given by the companies involved – and the governments who were there to protect the interests of the people – that every possible safeguard was in place to protect the people and the environment.  Further, if anything were to go wrong, compensation would be available.  As Panel Members are certainly aware, in every case there is still outstanding litigation for claims of compensation from those disasters. 

 

Now we are hearing the same story in the case of this quarry proposed for Digby Neck.  History has taught us not to count on assurances.  Those are only words, and they are quickly forgotten, or ignored, or become the centerpiece for long and costly court cases.

 

I will limit my remarks about the guidelines to a couple of brief comments.  I had the opportunity to attend two of your public sessions (in Sandy Cove and Digby).  Those who spoke did so eloquently and well about the environmental and social concerns. I know you will take their concerns – which I share – into account. I wish to address the key issues of mitigation and compensation.

 

There is no question that this quarry will do environmental, social, and economic damage to the communities along the Neck and Islands, as well as the rest of Nova Scotia.  The only question is how much damage this panel will allow the proponent to do.  In arriving at your decision on the amount of  “environmental impact” you are willing to permit, I urge you to include in your guidelines the following considerations:

 

·         Proof that the proponent is capable and competent to undertake a quarry of this magnitude, and has the financial resources to mitigate damage and compensate all of those who are harmed by their operation.

 

·         Place the burden of proof for damage on the proponent, not the claimant.  For example, if a well goes dry, it should be up to the proponent to prove that their activities did not cause the damage, rather than forcing the person whose well went dry to prove it was company activity that caused the problem. Failing that, the company should be required to establish a litigation fund which residents of southwest Nova can draw on to bring claims against the company.

 

·         The company must post a performance bond, which will be held in trust, to mitigate and compensate for any and all damages they do, whether physical, environmental, social, or economic.  The money should be required up front, and should be enough to cover any potential threat identified by the community, including but not limited to loss of water, loss of peace of place, and loss of fishing grounds and income.  The bond should be adequate to compensate not only those who are directly affected, but future generations who will not be able to make a traditional income because of the activities of the proponent.

 

·         Establish an independent body to speak for and seek compensation on behalf of those who can’t speak for themselves: The flora and fauna on the land and sea.

 

I cannot stress enough that the only way this company will pay the slightest attention to the amount of damage they do is by making it a pocketbook issue for them.  They are poised to profit handsomely by exploiting our resources, with no benefits for the communities or the environment.  I urge you not to allow them to desecrate our place, this beautiful little spit of land, without having to worry about what it will cost them to do so.  God knows, it will cost us dearly.

 

Respectfully submitted.

Andy Moir

Freeport, Nova Scotia