Court win results in major expansion of federal environmental powers
19 Dec 2003
A win by WWF-Australia and the Queensland Conservation Council in the Federal Court has resulted in a major expansion of environmental powers for the Australian Government.
The Federal Court has determined 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 WWF-Australia and QCC argued that the Minister for Environment and Heritage, Dr David Kemp, erred in law by not assessing the potential impacts on the Great Barrier Reef World Heritage Area.
"Today's decision by Justice Susan Kiefel substantially expands Commonwealth powers under the Environment Protection and Biodiversity Conservation Act 1999," Queensland Conservation Council Coordinator Felicity Wishart said today.
The Nathan Dam is proposed for the Dawson River which flows into the Fitzroy River, and theninto 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' recently released Reef Water Quality Protection Plan identifies the Fitzroy River as a high risk to the Great Barrier Reef from catchment water quality impacts," WWF-Australia Great Barrier Reef campaign manager Imogen Zethoven said. "A major dam on a high risk river will accelerate decline of inshore reefs from poor water quality when the plan's goal is to reverse the decline in water quality entering the Reef.
"The decision today does not stop the dam from proceeding, however, it does mean that the Minister must assess the downstream impacts of the proposed dam on the World Heritage Area," Ms Zethoven 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," Ms Wishart said.
Imogen Zethoven, Great Barrier Reef Campaign Manager WWF: (07) 3839 2677; mobile 0414 950 959
