The decision-making process involved in the issue of a licence under S.120 obviously involves a
balancing of considerations. This appears to be accepted by all parties and was applied by the
National Parks and Wildlife Service in its assessment of the application. Such a balancing of
considerations is also part of the Council's case. Can the benefits of the proposed road be
balanced against the likely loss of endangered species? The Council says that it can, pointing to
the need for the link road because of the growth of North Nowra, the advantages to the public as
well as economic arguments. Not surprisingly the applicant takes a different view of the balance.
The Director-General, although having determined to grant a licence, remains neutral, drawing
attention to his role in the protection and care of fauna.
As I have already stated, I am satisfied that there is a need for a link road between North Nowra
and the Princes Highway to reduce the pressure on the IIIaroo Road/ Highway intersection. I
accept Mr. Webster's point that the public interest includes having the new link as well as the
preservation of endangered fauna. Having concluded that the proposal is likely to take or kill
endangered fauna, the Court needs to weigh all competing factors in order to determine whether a
licence should be granted or refused. In this case one of the critical factors to be balanced is the
alternatives, especially where one may involve environmental harm but not another. It is in this is
area where, to my thinking, the Council's case is deficient.
It seems apparent from the evidence that the northern route via West Cambewarra Road is shorter
and cheaper than the preferred route. This was confirmed by the cross-examination of Mr. Nairn.
This alternative is un arguably better for the environment, for endangered fauna, rare plants and
the recreational values of the Bomaderry Creek gorge. This is because the northern route is
situated on the extremity of the area. But, in traditional cost/benefit terms, utilised by the Council,
the option is said not to be economically feasible. I have a certain difficulty in accepting this
proposition at face value. Quite apart from the narrow purely economic balancing, what appears
to be involved in the reasoning is a conclusion that predictable human behaviour will lead to not
enough people in North Nowra using the northern route. It is claimed that they will prefer to
remain on IIIaroo Road which is shorter in distance, notwithstanding that they may experience
delays at the intersection with the highway.
It should not necessarily be assumed that the travel time will be more for users of the northern
route. Indeed, for the expanding residential areas to the north-west the route would be more
convenient. Mr. Nairn is concerned that residents in the Pitt Street precinct and beyond will not
be prepared to travel north-east (away form Nowra) before turning south and will therefore prefer
to stay on IlIaroo Road. One may ask whether people are so committed to the motor vehicle that
they are not prepared to spend what might be an extra minute or two (at the most) to preserve an
area of natural values and fauna habitat, a resource used by the very same community. A public
education campaign by the Council (and the National Parks and Wildlife Service) with
appropriate signage, could well help explain a new link route to the north-east in preference to
one traversing the Bomaderry Creek gorge.
With respect to the northern route two comments are worth making on Mr. Nairn's reports. First,
he states that environmental factors were not included in the cost/ benefit analysis. In this
circumstance, the value to the Court of his cost/benefit analysis is limited. Mr. Nairn says that the
inclusion of environmental values is not required by the State Treasury and not usual in Australia.
I find the latter comment hard to accept. There are a number of environmental economic models
which factor environmental values into cost/benefit analysis. Surely an approach which attempts
to integrate economic and environmental factors is preferable. In my opinion the purely economic
analysis of the respective alternatives neglected to include natural values the balance. As a result