Nathan Dam court win confirms major expansion of federal environmental powers
30 Jul 2004
A win by environment groups in the Full Federal Court of Australia today has confirmed the major expansion of environmental powers for the Australian Government.
By rejecting the appeal of the Australian Minister for the Environment and Heritage, the Full Federal Court has affirmed that the Commonwealth must consider the potential downstream impacts of irrigated agriculture and other developments arising from a proposed 880,000 megalitre dam in Central Queensland.
Barristers for the Queensland Conservation Council and WWF-Australia argued that the Australian Minister for Environment and Heritage, then Dr David Kemp, erred in law by not requiring the environmental assessment report for the proposed Dam to address the potential impacts on the Great Barrier Reef World Heritage Area.
"Today's decision by the Full Federal Court substantially expands Commonwealth powers under the Environment Protection and Biodiversity Conservation Act 1999″ Queensland Conservation Council Coordinator, Toby Hutcheon said today.
The Nathan Dam is proposed for the Dawson River which flows into the Fitzroy River which in turn flows into the Great Barrier Reef. If approved, the dam would provide water for irrigation of 30,000 ha of cropping land (mainly cotton).
"The Australian and Queensland governments have identified catchment water quality impacts in the Fitzroy River as a posing a high risk to the Great Barrier Reef" WWF-Australia National Marine and Coastal Policy Officer Richard Leck said.
"The decision today does not stop the dam from proceeding, however, it does mean that the Minister must require dam builders SUDAW to assess the downstream impacts of the proposed dam on the World Heritage Area" Mr Leck said. "These impacts may include increased sediment, nutrient and pesticide pollution of the Great Barrier Reef."
"If approved, the Nathan Dam would be the fourth largest dam in Queensland. Dams are not sustainable and future dam building schemes should be rejected in favour of improved water efficiency and sustainable management of our rivers" Mr Hutcheon said.
For more information please contact:
Toby Hutcheon Coordinator QCC: (07) 3221 0188; mobile 0419 664 503
Richard Leck, National Marine and Coastal Policy Officer WWF: mobile 0439 814 847
