Dam legalities give 'limited rights'

4th July 2008

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ENVIRONMENTAL lawyer Melanie Simmonds says people opposing the Traveston Crossing dam proposal have only limited rights of appeal to the courts, if Environment Minister Peter Garrett approves the project.

Ms Simmonds, from the Brisbane law firm Deacons, told engineers and dam opponents recently that while Mr Garrett has the final say under the Environment Protection and Biodiversity Conservation Act, a decision could be challenged in court if the decision is not fully informed or is in conflict with available information.

"The Minister is required to consider all relevant material and to make an informed decision," she said.

She said a requirement for the dam to be built under state law was set out in regulations under the Queensland Water Act but these regulations could be easily changed if the federal decision was against the dam.

State Treasurer Andrew Fraser has told Parliament the government has already spent $500 million on land purchases and other dam preparations but this does not constitute a start on the project (in the government's view).

Ms Simmonds told an Engineers Australia function in Brisbane that the EPBC Act defines the dam as a "controlled action" because of its likely significant impact on "matters of national environmental significance."

The Act provides for a fine for breaches of $550,000 for an individual, $5.5 million for a corporation and seven years' imprisonment.

Meanwhile, the State Government has been accused of hiding behind legislation limiting public input into the final decision.

Anti-dam activists expressed frustration that the door has been effectively shut on any public submissions on the supplementary Environmental Impact Statement for the proposed Traveston Crossing dam.

The original EIS was sent back to the drawing board in response to about 16,000 submissions, many outlining technical flaws and inaccuracies.

The revised version is due for public release next month but Premier Anna Bligh this week said there would be no further public input at a state level.

The supplementary report would be available for public viewing but no submission time would be granted.

"The EIS will be made public but there is no legislative requirement for another public submission period," Ms Bligh said.