WBBCC Letter To Senator Campbell
Roger C
29th Nov 2006 25 Ellena St Maryborough Qld
Senator Ian Campbell
Federal Minister for the Environment
Ref: QWIP PTY LTD
Referral 2006/3150
Traveston Crossing Dam
Dear Senator Campbell,
Wide Bay Burnett Conservation Council takes this opportunity to ask you to consider very closely the overwhelming weight of evidence, that the Qld government has not been capable of successfully mitigating the accepted significant impacts on MNES ( Neoceratodous forsterii and Elseya sp) in respect of the bilateral agreement assessment process, for Paradise Dam & Ned Churchward Weir on the Burnett River.
There is to date no research data which indicates that successful mitigation of spawning habitat and successful passage for Lungfish or Elseya sp has been achieved.
There are reports which substantiate this claim ( Queensland Environmental Protection Agency , : Final Report: Operation of Ned Churchward Weir Between 1998-2205) ,( Queensland Department of Primary Industries & Fisheries, Upstream and Downstream Passage of Queensland Lungfish at Ned Churchward Weir Fishlock 2004, 2 reports ) .
The fundamental issue involved for habitat is the fluctuation of water levels within the impoundments due to a refusal by the operators ( Sunwater) to implement its agreed mitigation management system of stabilising water levels to allow habitat to establish , “As stated above the ROP did not include requirements requested by EPA and DPI&F in their submissions on the draft ROP, The EPA requested the ROP matters associated with fluctuation controls, to allow for macrophyte establishment for lungfish breeding and juvenile recruitment, DPI&F were able to make specific recommendations for operating rules based on data recently collected, these recommendations have not been incorporated into the current ROP (Final Report: Operation of Ned Churchward Weir Between 1998-2005, pp 13-14).
This is a clear indication Minister that the Corporatised entity (Burnett/Sunwater) responsible for maintaining water levels and thereby demonstrating its environmental duty of care to adequately protect MNES under the bilateral assessment process, has failed to do so.
EPA & DPIF are the State Agencies charged with protecting MNES and have demonstrated their lawful responsibility to do so, as evidenced in the research reports and findings, it is the Corporatised entities of the Qld government which are failing to mitigate effectively for MNES.
The fundamental issue involved with passage , may be that Lungfish will not in the short term adapt to accepting one small avenue within the river bed for migration up or down stream , ( Upstream Passage of Queensland Lungfish at Ned Churchward Weir Fishlock 2004,pp 15) .
There is to date no research publicly available to demonstrate effective passage operation of the Paradise fishlock .
The issue for establishment and protection of Elseya sp habitat is also one of fluctuating water levels, this is clearly linked to the failure of the operator (Sunwater/Burnett Water) to abide by its agreement to stabilise water levels for this express purpose, and hence is a demonstration of an absence of duty of care for MNES under its protection.
The research findings for the Ned Churchward Weir and the absence of any scientific data for the Paradise fishlock, are a substantial argument for application of the Precautionary Principle approach to further infrastructure proposals by these proponents, on the Mary River in respect of Lungfish and also Elusor macrurus .
The general community of the Mary Catchment is deeply concerned (as evidenced by volume of other letters of concern) that should the Traveston Dam proposal be subjected to assessment under the bilateral agreement process, there is potential for the same situation to develop with respect to Traveston.
We would be politically naive if we were to hope that the Traveston proposal would be subjected to a substantially more rigorous and transparent assessment process than that of Paradise, given that the process would be controlled by the Coordinator Generals Department, and the clear demonstration that the recommendations of the State Agencies (EPA & DPI&F) charged with ensuring the protection of MNES, are being ignored by the Water Corporations set up by the Beattie government.
On the 23rd June 2006 , the Premier made this statement, “the paradise dam lungfish ladder is working effectively and they are breeding effectively as far as I’m concerned” ( ABC QLD 7.30 report 23RD JUNE and QLD HANSARD 9TH JUNE 2006)”.
WBBCC lodged a FOI request to the Premiers Office seeking documentation (scientific research papers) to substantiate the Premiers claims , “WBBCC is seeking access to all documents relating to the advice given to the premier on the functioning of the fish ladder on Paradise Dam on the Burnett River and lungfish breeding in the Burnett River”, we obtained the following response, “ a search was conducted of the records management system and physical searches were undertaken of pertinent areas of the office” , however no documents were found,”, ““Certain documents were located which were initially considered to fall within the scope of your application, however processing your request involved consultation with third parties under S51 of the FOI act 1992, following consultation and examination , the documents were considered irrelevant to your request, as the Department does not hold any documents that fall within the scope of your application, access is refused under S 28a ( 1) “ An agency or Minister may refuse access to a document if the agency or the Minister is satisfied the document does not exist”.
This further substantiates our claim that there is no data existing which indicates that the successful mitigation of Lungfish has or is occurring in the Burnett River.
We ask Minister that you consider erring on the side of the Precautionary Principle and ensure that the Traveston Proposal is subjected to a Public Inquiry assessment process, based on the demonstrated lack of successful mitigation (The Proponents previous environmental record) for MNES by the Queensland government and or its corporate entities.
Regional Environment Coordinator
Roger M Currie Bc App Sc
Senator Ian Campbell
Federal Minister for the Environment
Ref: QWIP PTY LTD
Referral 2006/3150
Traveston Crossing Dam
Dear Senator Campbell,
Wide Bay Burnett Conservation Council takes this opportunity to ask you to consider very closely the overwhelming weight of evidence, that the Qld government has not been capable of successfully mitigating the accepted significant impacts on MNES ( Neoceratodous forsterii and Elseya sp) in respect of the bilateral agreement assessment process, for Paradise Dam & Ned Churchward Weir on the Burnett River.
There is to date no research data which indicates that successful mitigation of spawning habitat and successful passage for Lungfish or Elseya sp has been achieved.
There are reports which substantiate this claim ( Queensland Environmental Protection Agency , : Final Report: Operation of Ned Churchward Weir Between 1998-2205) ,( Queensland Department of Primary Industries & Fisheries, Upstream and Downstream Passage of Queensland Lungfish at Ned Churchward Weir Fishlock 2004, 2 reports ) .
The fundamental issue involved for habitat is the fluctuation of water levels within the impoundments due to a refusal by the operators ( Sunwater) to implement its agreed mitigation management system of stabilising water levels to allow habitat to establish , “As stated above the ROP did not include requirements requested by EPA and DPI&F in their submissions on the draft ROP, The EPA requested the ROP matters associated with fluctuation controls, to allow for macrophyte establishment for lungfish breeding and juvenile recruitment, DPI&F were able to make specific recommendations for operating rules based on data recently collected, these recommendations have not been incorporated into the current ROP (Final Report: Operation of Ned Churchward Weir Between 1998-2005, pp 13-14).
This is a clear indication Minister that the Corporatised entity (Burnett/Sunwater) responsible for maintaining water levels and thereby demonstrating its environmental duty of care to adequately protect MNES under the bilateral assessment process, has failed to do so.
EPA & DPIF are the State Agencies charged with protecting MNES and have demonstrated their lawful responsibility to do so, as evidenced in the research reports and findings, it is the Corporatised entities of the Qld government which are failing to mitigate effectively for MNES.
The fundamental issue involved with passage , may be that Lungfish will not in the short term adapt to accepting one small avenue within the river bed for migration up or down stream , ( Upstream Passage of Queensland Lungfish at Ned Churchward Weir Fishlock 2004,pp 15) .
There is to date no research publicly available to demonstrate effective passage operation of the Paradise fishlock .
The issue for establishment and protection of Elseya sp habitat is also one of fluctuating water levels, this is clearly linked to the failure of the operator (Sunwater/Burnett Water) to abide by its agreement to stabilise water levels for this express purpose, and hence is a demonstration of an absence of duty of care for MNES under its protection.
The research findings for the Ned Churchward Weir and the absence of any scientific data for the Paradise fishlock, are a substantial argument for application of the Precautionary Principle approach to further infrastructure proposals by these proponents, on the Mary River in respect of Lungfish and also Elusor macrurus .
The general community of the Mary Catchment is deeply concerned (as evidenced by volume of other letters of concern) that should the Traveston Dam proposal be subjected to assessment under the bilateral agreement process, there is potential for the same situation to develop with respect to Traveston.
We would be politically naive if we were to hope that the Traveston proposal would be subjected to a substantially more rigorous and transparent assessment process than that of Paradise, given that the process would be controlled by the Coordinator Generals Department, and the clear demonstration that the recommendations of the State Agencies (EPA & DPI&F) charged with ensuring the protection of MNES, are being ignored by the Water Corporations set up by the Beattie government.
On the 23rd June 2006 , the Premier made this statement, “the paradise dam lungfish ladder is working effectively and they are breeding effectively as far as I’m concerned” ( ABC QLD 7.30 report 23RD JUNE and QLD HANSARD 9TH JUNE 2006)”.
WBBCC lodged a FOI request to the Premiers Office seeking documentation (scientific research papers) to substantiate the Premiers claims , “WBBCC is seeking access to all documents relating to the advice given to the premier on the functioning of the fish ladder on Paradise Dam on the Burnett River and lungfish breeding in the Burnett River”, we obtained the following response, “ a search was conducted of the records management system and physical searches were undertaken of pertinent areas of the office” , however no documents were found,”, ““Certain documents were located which were initially considered to fall within the scope of your application, however processing your request involved consultation with third parties under S51 of the FOI act 1992, following consultation and examination , the documents were considered irrelevant to your request, as the Department does not hold any documents that fall within the scope of your application, access is refused under S 28a ( 1) “ An agency or Minister may refuse access to a document if the agency or the Minister is satisfied the document does not exist”.
This further substantiates our claim that there is no data existing which indicates that the successful mitigation of Lungfish has or is occurring in the Burnett River.
We ask Minister that you consider erring on the side of the Precautionary Principle and ensure that the Traveston Proposal is subjected to a Public Inquiry assessment process, based on the demonstrated lack of successful mitigation (The Proponents previous environmental record) for MNES by the Queensland government and or its corporate entities.
Regional Environment Coordinator
Roger M Currie Bc App Sc
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