Fish lift case may have Traveston dam impact
stevem
in Environmental, Environmental Impact Statement, Paradise Dam
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3 Comments
Posted December 12, 2008
A Federal Court judge is today expected to decide whether to delay a case that could have implications for the proposed Traveston Crossing dam.
The Wide Bay Burnett Conservation Council has taken legal action against a Queensland Government owned water company over a dam near Bundaberg in the state’s south-east.
The conservationists want a fish lift at Paradise Dam redesigned because they say it fails to help vulnerable lungfish get over the dam wall.
In the Federal Court last week, lawyers for Burnett Water - a subsidiary of SunWater - argued for a stay on proceedings because the federal Environment Minister has been granted the right to intervene in the case.
The vice-president of the Wide Bay Burnett Conservation Council, Roger Currie, says he hopes the stay is not granted.
The Queensland Government plans to use the same fish lift at the Traveston Crossing dam if it is approved.
stevem
Lungfish ruling will sink Traveston plan: conservationists
December 12, 2008
Conservationists say they’re a step closer to proving that a controversial Queensland dam will hurt the vulnerable lungfish and must not be built.
The Wide Bay Burnett Conservation Council is hopeful a Federal Court decision on Friday in relation to the Paradise Dam, near Bundaberg, will see the proposed Traveston Crossing Dam axed on environmental grounds.
The Federal Court on Friday allowed the council to proceed with a case against Queensland government-owned water company Burnett Water over flaws with a fish lift.
The council argues the Paradise Dam lift, which is intended to help lungfish move from one side of a dam wall to the other, breaches federal environmental laws by failing to work properly since the dam began operating in 2005.
The Queensland government plans to use a similar fish lift at the proposed $1.7 billion Traveston Crossing Dam, on the Mary River near Gympie, if it is approved.
Burnett Water argued for a stay on proceedings in relation to the lift because the federal environment department was already taking action against the water company.
But the court ruled that the proposed audit of the dam by the federal department was not a prosecution but a compliance audit, allowing the conservation council’s case to go ahead on a date to be fixed.
Vice-president of the Wide Bay Burnett Conservation Council, Roger Currie, told AAP it had taken a decade to get the matter to court.
“It’s a watershed,” he said.
He said the council would now set out to prove that the technology used at Paradise Dam failed to live up to the government’s promise of protecting the lungfish.
“This case could give (federal Environment Minister Peter) Garrett some direction on Traveston,” Mr Currie said.
“If it’s proven you can’t protect the lungfish by building large dams because the condition of approval is based on a flawed model then (Mr Garrett) would not have the ability to approve Traveston.”
The Burnett and Mary rivers are the only two waterways that host the Australian lungfish in its natural habitat.
AAP
stevem
Lungfish ruling breathes life into debate
14th December 2008
Premier Peter Beattie announces the Traveston Dam decision to an unhappy crowd - The crowd boo and chant when the Premier arrives late - Kayleen Harris, Jayne Jupp (both from Gympie), and Penny Chatburn (from Imbil). Photo by Michaela Glen/157447j
Campaigners against the proposed Traveston Crossing Dam yesterday said they were a step closer to proving the controversial dam would hurt the vulnerable lungfish and must not be built.
The Wide Bay Burnett Conservation Council said it was hopeful a Federal Court decision yesterday in relation to the Paradise Dam, near Bundaberg, would see the Traveston Crossing Dam axed on environmental grounds.
The Federal Court allowed the council to proceed with a case against Queensland government-owned water company Burnett Water over flaws with a fish lift.
The council argued the Paradise Dam lift, which is intended to help lungfish move from one side of a dam wall to the other, breaches federal environmental laws by failing to work properly since the dam began operating in 2005.
The Queensland government plans to use a similar fish lift at the proposed $1.7 billion Traveston Crossing Dam if it is approved.
Burnett Water argued for a stay on proceedings in relation to the lift because the federal environment department was already 8taking action against the water company.
But the court ruled that the proposed audit of the dam by the federal department was not a prosecution but a compliance audit, allowing the conservation council’s case to go ahead on a date to be fixed.
Vice-president of the Wide Bay Burnett Conservation Council, Roger Currie, said it had taken a decade to get the matter to court.
“It’s a watershed,” he said.
He said the council would now set out to prove that the technology used at Paradise Dam failed to live up to the government’s promise of protecting the lungfish.
“This case could give (federal environment minister Peter) Garrett some direction on Traveston,” Mr Currie said.
“If it’s proven you can’t protect the lungfish by building large dams because the condition of approval is based on a flawed model, then (Mr Garrett) would not have the ability to approve Traveston.”
The Burnett and Mary Rivers are the only two waterways that host the Australian lungfish in its natural habitat.
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Reader Comments (3)
A date is yet to be set , as soon as i find out i will post it , so we get our day in paradise .
This is the first step in the requiem for Traveston , i can hear the death march from saul in the distance , dum dum dee dum , dum dee dum dee dum dee dum , !
MORE ON FORUM: http://travestonswamp.info/forum/viewforum.php?f=38
wbbconservationc@bigpond.com , or email me roger.remc1@bigpond.com , STMRG or GMA .
Be part of HISTORY BECAUSE TOGETHER WE ARE MAKING IT !
We have them on the ropes , rounds one and two have gone to the people punching well above their weight , the referee has awarded on points , the defender has not been able to deflect the technique of the newcomer , this is due to an inherent perception on the part of the defender , that big gloves hurt more .
Mary punches at the kidneys of the opulent opponent .
On Friday 5th and 12 December 2008, Dr Chris McGrath, with EDO Qld, represented applicant Wide Bay Burnett Conservation Council (WBBCC) against Burnett Water in a pre-trial hearing in the Paradise Dam case. This involved detailed oral and written submissions to the Federal Court opposing Burnett Water’s application to delay the case. Dr McGrath relied on affidavit evidence prepared by EDO Qld, Mr. David Kreutz, WBBCC. President Dr Tim Thorton and lungfish expert Professor Jean Joss.
Burnett Water asked the Court to stay (i.e. put on hold) the civil action by WBBCC that Burnett Water had breached Commonwealth condition of approval 3 concerning the fishway at Paradise Dam. Burnett Water argued that the Commonwealth was conducting compliance investigations against Burnett Water concerning the Paradise fishway and that findings in the WBBCC case might prejudice the fairness of any later prosecution by the Commonwealth. Justice Logan dismissed this application by Burnett Water, stating that the prospect of either criminal or civil penalty proceedings by the Commonwealth is but 'a bare contingency' at the moment.
In a surprise move, Burnett Water today reversed its opposition to providing discovery of documents to WBBCC. This means the legal team for WBBCC and its expert witnesses will now gain access to important documentation about the operation of the Paradise Dam fishway.
Justice Logan’s judgement showed a keen appreciation of the public interest elements of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.His Honour noted that Act’s objects include the protection of the environment and the promotion of biodiversity. In the introductory paragraphs of today’s judgement, Justice Logan noted that Lungfish can lay claim to be the oldest surviving vertebrate species.
The case is listed before the Court for 13 February 2008. We anticipate Justice Logan will set a hearing date then if discovery of documents is completed.
For more information contact Jo Bragg at jbragg@edo.org.au
A copy of the judgement is on the Federal Court’s website: Wide Bay Conservation Council Inc v Burnett Water Pty Ltd [2008] FCA 1900,
The entire decision can be found at http://www.envlaw.com.au/paradise.html