Qld: Green lobby wins federal court case over dam

AAP General News (Australia)
12-19-2003
Qld: Green lobby wins federal court case over dam

By Ainsley Pavey

BRISBANE, Dec 19 AAP - Queensland's green lobby has won a landmark case over the federal
government to stop construction of a dam on the edge of the Great Barrier Reef.

Federal Court Justice Susan Kiefel handed down a decision today which has put the Nathan
Dam project on hold while the government reassesses the environmental impacts.

The dam was to go ahead in the cotton growing district on the banks of the Dawson River
in North Queensland with the approval of federal Environment Minister David Kemp.

However, Justice Kiefel said the minister had failed to assess the downstream impacts
of chemicals used on the farms on the world heritage-listed marine park.

She has also ordered the government to pay the legal costs of up to $80,000 of the
action taken by the Queensland Conservation Council and World Wide Fund for Nature.

"The environment minister considered that the relevant statutory provisions required
him only to consider the effects of the operation of the dam by the entity proposing it
and did not extend to the consequences which might follow other persons' decisions to
use chemicals," Justice Kiefel said.

"The court has held that the enquiry is a wider one and the environment minister is
therefore obliged to reconsider the matter."

Conservation council coordinator Felicity Wishart heralded the decision as a breakthrough
for the protection of the reef.

"The decision does not stop the dam from proceeding, however, it does mean that the
minister must assess the downstream impacts," she said.

AAP ap/sc/cjh/de

KEYWORD: NATHAN

2003 AAP Information Services Pty Limited (AAP) or its Licensors.