| View previous topic :: View next topic |
| Author |
Message |
elaine
Joined: 04 May 2006
Posts: 483
Location: Dagun
|
 Posted: Mon Oct 06, 2008 11:19 pm Post subject: Legal action against the Paradise Dam authorities |
 |
|
From today's Courier-Mail (7/10/2008). Misleading title (?), as it is Paradise Dam that is being targetted, although with obvious connection to the proposal for a dam at Traveston Crossing.
| Quote: | Conservation group takes water firm to court over Traveston dam
Rosemary Odgers
THE controversial Traveston Dam could be under threat if legal action set to be launched today against the State Government is successful.
The Wide Bay Burnett Conservation Council will take civil action against Burnett Water, the former State Government-owned company that built the Paradise Dam, accusing it of failing to protect the rare and endangered lungfish.
The WBBCC, backed by other environmental groups, will accuse Burnett Water of being in breach of its approval conditions because a fishway or fish lift designed to protect lungfish in the dam had never worked properly.
The same kind of fishway is set to be included in the Traveston Dam to help get environmental approval from the Commonwealth.
"The fishway has never worked properly at Paradise Dam on the Burnett River and so there are doubts it would work on the Mary River where Traveston is proposed," spokeswoman Kate Noble said.
"The lungfish only live naturally in these two rivers ... so the case will have impacts on Traveston."
The State Government needs to show there will be no significant impacts on vulnerable species to get federal approval for the dam.
Greens leader Bob Brown released a separate study yesterday by Griffith University Professor Angela Arthington that found building Traveston Dam would severely affect the lungfish.
However, another report prepared last month for Queensland Water Infrastructure found the dam would not put lungfish, cod and turtles in danger. |
_________________
"Never doubt that a small group of concerned citizens can change the world. Indeed, it's the only thing that ever has." Margaret Mead |
|
| Back to top |
|
 |
elaine
Joined: 04 May 2006
Posts: 483
Location: Dagun
|
| Posted: Mon Oct 06, 2008 11:22 pm Post subject: |
|
|
And some more from ABC Online:
| Quote: | Water authority faces 'fish ladders' legal fight
Conservationists are launching legal action against a Queensland Government-owned water company over 'ladders' designed to preserve fish at a Wide Bay dam in the south-east.
The Wide Bay Burnett Conservation Council will file an injunction in the Federal Court in Brisbane today.
It wants SunWater to redesign the ladders at Paradise Dam that are supposed to move vulnerable lungfish over the dam wall.
Spokeswoman Emma Currie says the fish ladders were a condition of Commonwealth approval for the dam, but they are only working in one direction.
"This dam was approved subject to these conditions, but currently they're not being met and so the dam is currently operating unlawfully and we just basically want to get that out to the public and make it clear that this is not suitable for lungfish and it is not protecting them," she said.
The State Government will use the fish ladders at the Traveston Crossing Dam, near Gympie, if it is approved. |
_________________
"Never doubt that a small group of concerned citizens can change the world. Indeed, it's the only thing that ever has." Margaret Mead |
|
| Back to top |
|
|
Darren E
Joined: 04 May 2006
Posts: 2075
Location: Dagun, Qld
|
| Posted: Tue Oct 07, 2008 3:12 am Post subject: |
|
|
Well done Roger and the team at WBBCC and the other environmental groups  !!!
It's a shame that its come to this - that the federal department for the environment has been unwilling or unable to properly enforce the law on such a clear breach of the EPBC Act.
This will certainly give everyone - from Graeme Newton and Anna Bligh to Peter Garrett - a few extra things to think about in relation to the proposed dam at Traveston Crossing.
And as he contemplates the possibility of large fines and even jail time, Graeme will also have to set aside some time to rewrite part of the Supplementary EIS Report:
| Quote: | 5.1 Suitability of Proponent
5.1.1 Historical Performance of Proponent
There have been a number of submissions that have questioned the proponent's environmental history. These submissions suggest that Paradise Dam would be a suitable comparison, and that an audit of Paradise Dam should be taken into account to determine the proponent's environmental fitness to undertake the Project.
Chapter 1 of the EIS sets out the details of QWI as the Proponent, the composition of its Board and senior management, the background of senior management at QWI and the QWI Environmental Policy. The environmental history of QWI and its executive officers in relation to environmental matters is a general consideration for the Federal Minister to take into account under s.136(4) of the EPBC Act.
In relation to the Minister's decision on the fitness of QWI to undertake the Project, section 1.2.3 of the EIS notes that there are no current or former proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources against QWI, any Board member or its senior management. Accordingly, QWI submits that it is a suitable person to be granted an approval, having regard to its history in relation to environmental matters and the history of its executive officers in relation to environmental matters. |
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman |
|
| Back to top |
|
|
Rev Watt
Joined: 04 May 2006
Posts: 562
Location: Imbil
|
| Posted: Tue Oct 07, 2008 8:39 am Post subject: |
|
|
Oh poor graeme
_________________
Everyone who drinks this water will be thirsty again, but whoever drinks the water I give him will never thirst. John 4:13f |
|
| Back to top |
|
|
rogerwbbcc
Joined: 05 May 2006
Posts: 366
|
| Posted: Tue Oct 07, 2008 11:12 am Post subject: EYE OF THE TIGER |
|
|
Round 1 , technical points win awarded to 'Mary the Lungfish of the valley', for punching well above her weight . Round 2 may be a real challenge for the 'peoples choice' , the plucky living fossil , may have to use the classic feint to the 'right' with the left cross to follow ,on the chin of the much bigger and longer reaching reptilian opponent 'water of the son' , to gain the judges decision .
Bin Larfin , the shiek of yard creek , thanks all the loyal and courageous troops of the catchment , but the the 'skirmish 'is not the 'battle ', Mary has simply nipped the wiley crocodile on the tail , round 2 will see whether 'Mary' , can out smart the lizard brain of the saurian , 'son of the water'.
In the words of Kev Carmody : 'From Little fish , big fish grow" , From little fish , big fish grow! |
|
| Back to top |
|
|
arawajo
Joined: 13 May 2006
Posts: 627
|
| Posted: Tue Oct 07, 2008 10:46 pm Post subject: |
|
|
Such a "nice" gentlemanly battle move. It will be wonderful if this, (no doubt expensive), civil case wins. More for Peter Garrett to think about.
From what I've seen of the "justice" system I have no doubt it will lose. Idealism and even "facts" don't sway the courts. We live in lala land if we believe we have any "rights" when it comes to the courts.
They will find that the fish lift is designed to work and it's not the fault of the Paradise Dam builders if the rains didn't come. If just one fish navigates the passage from one level to another it will be seen to be capable of working.
But while the legal system makes heaps of money from this case - what are we doing to stop the proposed Traveston Crossing dam?
Sorry to be a bit negative, but really, we need to physically STOP the dam construction at some stage and if we wait too long we will drown in the effort.
_________________
When injustice becomes law, resistance becomes obligation" - Steve Biko |
|
| Back to top |
|
|
Darren E
Joined: 04 May 2006
Posts: 2075
Location: Dagun, Qld
|
| Posted: Wed Oct 08, 2008 12:05 pm Post subject: |
|
|
Arawajo,
I understand your frustration, but I have to disagree with you this time.
They (Burnett Water a.k.a. QWIPL) are dead in the water on this one (like so many of the protected species victims of the Paradise Dam).
Dr Chris McGrath is this country's leading environmental law barrister, with a very impressive win-loss ratio. I would not bet against him, in the same way I would not bet on 37 in a game of roulette or buy shares in Babcock and Brown.
There are very strong direct and indirect implications re: approvals for TCD, and although no-one has been arrested or chained themselves to anything, I doubt our friends on George St see it as "nice" or "gentlemanly". The gloves are off, and Wheezer will have his (first of many if necessary) day in court.
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman
Last edited by Darren E on Wed Oct 08, 2008 2:48 pm; edited 2 times in total |
|
| Back to top |
|
|
Darren E
Joined: 04 May 2006
Posts: 2075
Location: Dagun, Qld
|
| Posted: Wed Oct 08, 2008 2:24 pm Post subject: |
|
|
Here is some more info on this issue. A separate Forum Topic will soon be set up to keep all of the relevant discussion in the one place...
Official media release Tuesday 7th October 2008.
| Quote: | 
Paradise Dam legal action has implications for Traveston
Legal action launched today by the Wide Bay Burnett Conservation Council (WBBCC) against Burnett Water Pty Ltd (a former Queensland Government owned company), the builders of the Paradise dam on the Burnett River, will have implications for the Queensland’s Government’s planned Traveston Crossing Dam.
The impact the Paradise Dam has had on the Queensland Lungfish is at the heart of the civil court case lodged today. Destruction of lungfish habitat is also one of the most controversial aspects of the proposed Traveston Crossing Dam.
Roger Currie, Water Policy Officer Wide Bay Burnett Conservation Council (WBBCC), said: “We decided to take this legal action against Burnett Water Pty Ltd because we believe Paradise Dam has failed to meet the conditions of approval imposed under the EPBC Act, to protect Lungfish. The fishway designed to protect the lungfish has never worked properly and is not suitable.”
Glenda Pickersgill, Mary Valley resident and Vice-President of the Save the Mary River Co-ordinating Group, said: “The government’s own figures show south-east Queensland won’t need extra water until 2025 because of the water saving policies and alternatives the Government is establishing. This legal action shows why the Traveston Crossing Dam should never be built.”
Speaking on behalf of a coalition of environment groups, Kate Noble from the Australian Conservation Foundation expressed support for the legal action commenced by WBBCC. “There are better alternatives for securing water supply than dam-dependency, not just because dry dams are risky investments in a drying climate, but also because they generate even more carbon pollution than desalination plants.”
WBBCC is the group that has commenced the legal action. Groups expressing public support for the action include the Australian Conservation Foundation, The Wilderness Society, WWF Australia, Save the Mary River Co-ordinating Group, Sunshine Coast Environment Council, Wildlife Preservation Society of Queensland, Greater Mary Association, and Queensland Conservation Council.
Contacts:
Kate Noble, Australian Conservation Foundation, ph 0409 436 476
Roger Currie, Wide Bay Burnett Conservation Council, ph 0448 917 571
Glenda Pickersgill, Save the Mary River Coordinating Group, ph 0411 443 589 |
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman |
|
| Back to top |
|
|
Darren E
Joined: 04 May 2006
Posts: 2075
Location: Dagun, Qld
|
| Posted: Wed Oct 08, 2008 2:37 pm Post subject: |
|
|
Q&A - What is it all about?
| Quote: | Environmentalists File Federal Court Case to Protect
Queensland Lungfish
Q: What is the court case about?
A: The court case is about the breach of environmental conditions of the Paradise Dam and impacts on the Queensland Lungfish which is listed as ‘vulnerable’ under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). The Paradise Dam was built on the Burnett River in the early 2000's with a ‘fish way’ which is supposed to reduce the impact on the Lungfish. But according to Wide Bay Burnett Conservation Council the fish way has never worked and is not suitable. Similar devices are planned for the Traveston Crossing dam proposed by the Queensland Government.
Q: Who are the parties involved in the court case?
A: Wide Bay Burnett Conservation Council (WBBCC) is seeking a Federal Court injunction against Burnett Water P/L the builders of the Paradise Dam. Burnett Water P/L was a government owned corporation that is now owned by SunWater P/L, another Queensland government owned company. The previous General Manager of Burnett Water P/L, Graeme Newton, is the current CEO of Queensland Water Infrastructure (QWI) P/L, which is the proponent of the Traveston Crossing Dam proposal.
Q: What are the implications for the proposed Traveston Crossing Dam?
A: The Queensland Lungfish lives naturally in only two rivers - the Burnett River (subject of the legal action) and the Mary River (subject of the proposed Traveston Crossing Dam). The Queensland Government is expected to send the Traveston Crossing Dam environmental impact statement to the Federal Environment Minister, Peter Garrett later this year. Minister Garrett will then have to decide whether the proposed Traveston Crossing Dam will have a significant impact on endangered and vulnerable species, such as the Queensland Lungfish, the Mary River Turtle, and the Mary River Cod – all listed as vulnerable or endangered under the EPBC Act. The evidence presented in the court case regarding the impacts of dams on lungfish will be relevant to this decision.
Q: What is a ‘fishway’ and why is it relevant?
A: A fishway is a structure that is supposed to allow fish to swim past a dam wall without being harmed. The Paradise dam fishway has two components: a fish lift which is designed to lift fish upstream over the top of the dam wall and a fishlock which is designed to pass fish downstream through the dam wall via a set of pipes. There is evidence that fishways don’t effectively allow fish passage, especially Lungfish which grow more than 1.5 metres long. The Commonwealth Government audit of the Paradise dam fishway in July 2007 found the fishway was only working in one direction as the downstream fishlock had never operated.
The decision to approve the Paradise dam required that:
‘Burnett Water Pty Ltd must install a fish transfer device on the Burnett River Dam suitable for the lungfish. The fishway will commence when the dam becomes operational’.
WBBCC is arguing that this has not happened, and therefore the fishway is not suitable for the lungfish which is a breach of the approval conditions. The fishway design is the same as that proposed for the Traveston Crossing Dam (See page 8-80 of Traveston Dam EIS). – The impact on the Lungfish, which is a living fossil listed as ‘vulnerable’ under the EPBC Act is one of many reasons why the Traveston Crossing Dam should not be built.
Q: How can water security be delivered without new dams?
A: More rain falls on Brisbane than the annual metropolitan water use, it’s just that dams are inefficient at capturing it. Recycling, stormwater harvesting, rainwater tanks, and even renewably powered desalination plants as a last resort are better solutions to securing water supply for Brisbane than new dams. Paradise dam has never delivered the water the Government had expected. Climate change is going to mean more drought and dams are particularly vulnerable to these changed weather patterns. They also produce far more greenhouse gas emissions when they do fill up because methane is produced by rotting vegetation when it is flooded. Traveston Crossing Dam is expected to produce up to 400,000 tonnes of greenhouse gas emissions – far more than even a nonrenewably powered desalination plant.
|
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman |
|
| Back to top |
|
|
Darren E
Joined: 04 May 2006
Posts: 2075
Location: Dagun, Qld
|
| Posted: Wed Oct 08, 2008 2:42 pm Post subject: |
|
|
Dr Chris McGrath - barrister for "Team Wheezer" - has set up a website where we can follow the progress of the court action and where there is a signed copy of the filed documents:
http://www.envlaw.com.au/paradise.html
The judge appointed to the action is Justice John Logan.
The directions hearing is 7th Nov 9.30 am.
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman |
|
| Back to top |
|
|
arawajo
Joined: 13 May 2006
Posts: 627
|
| Posted: Wed Oct 08, 2008 8:57 pm Post subject: |
|
|
Thanks for posting all that information Darren, it looks promising now. I won't hold my breath waiting for a win because I don't trust the court system but I'll be cheering loudly if they pull this off!
_________________
When injustice becomes law, resistance becomes obligation" - Steve Biko |
|
| Back to top |
|
|
westholme
Joined: 02 May 2006
Posts: 2628
Location: Amamoor
|
| Posted: Wed Oct 08, 2008 9:50 pm Post subject: |
|
|
And if they tweak the fishway design for Traveston to make it 'different' in some way to the Paradise fishway? Doesn't that do away with one link between Paradise and Traveston.
And if they replace Graeme Newton as CEO? Doesn't that do away with the other?
I do agree with arawajo. The court system and Federal Environmental legislation is defunct. I think this court case is a wonderful coup for the lungbungers in the Paradise. I too will cheer out loud if they win.
However, I can't see this case having any bearing on the Traveston decision if they do the two above things.
I hope these legal eagles have the technical backup to put into doubt all current and future designs of fishways otherwise their arguments about the TC Dam fishway will be classed as irrelevant to the Ministers decision under the EPBC Act.
If there are two things I have learned after fighting this dam for over two years....talk is cheap and someone in an Armani suit with a degree is not a show stopper.
_________________
CESARE LOMBROSO "The ignorant man always adores what he cannot understand" |
|
| Back to top |
|
|
Rev Watt
Joined: 04 May 2006
Posts: 562
Location: Imbil
|
| Posted: Wed Oct 08, 2008 10:46 pm Post subject: |
|
|
Great Reporting Darren.
Come on girls, cynicism and amani suits aside, the major proponent for building this dam has been publicly outed for incompetency and noncompliance with federal law.
The governmnet may be supreme on spin but they cannot turn a sows ear into a silk purse under the scrutiny of the world.
The dam builders are failures and will fail again.
With the current sensitive political climate, will the opposition and Greens let this quietly go by in the night?
Mad if they do.
_________________
Everyone who drinks this water will be thirsty again, but whoever drinks the water I give him will never thirst. John 4:13f |
|
| Back to top |
|
|
Neo's friend
Joined: 19 Jun 2006
Posts: 72
|
| Posted: Thu Oct 09, 2008 12:24 am Post subject: The subject is Paradise |
|
|
Have you all gone soft? The Lungfish habitat in the Burnett has been destroyed. It is not yet destroyed in the Mary.
Decommission Paradise and restore the Lungfish habitat.
Then let's see if any construction company (or bank) will touch Traveston.
_________________
Man has no right without responsibility. |
|
| Back to top |
|
|
rogerwbbcc
Joined: 05 May 2006
Posts: 366
|
| Posted: Thu Oct 09, 2008 8:03 am Post subject: DECADAL DEDICATION |
|
|
It started in 1998 , WBBCC had its greeny snout in the midst of the 'promise of Paradise', do you think we would be at this juncture if we did not believe in oursleves?, our people have spent 10 years on this , and now finally , the Canis lupus dingo pack of WBBCC , stalks the
Macropus rufogresis Dam mob , the dam mob will splinter as the Alpha males target the leaders .
The kill will be necessary to nuture the young and protect the species from the 2 legs who care not for the future.
Dam builders who repent of thier folly , go straight to Paradise and recieve 7 virgin tickets to martydom . Bin Larfin Shiek of Yard Creek , has spoken .  |
|
| Back to top |
|
|
|
|
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
|
Powered by phpBB © 2001, 2005 phpBB Group
|
