PARADISE DAM CASE UPDATE

Update on Paradise Dam  Case- WBBCC v Burnett Water Pty Ltd

 

 

On Friday 7 November 2008 Dr Chris McGrath with EDO Qld represented applicant Wide Bay Burnett Conservation Council (“WBBCC”) against lawyers for Burnett Water in the first directions hearing for this landmark case in the Federal Court. This involved oral submissions to the Court by Dr. McGrath and preparation of affidavit evidence by EDO Qld.

 

WBBCC sought disclosure of documents about lungfish monitoring and the fishway operation from Burnett Water and a timetable leading to a full hearing of the matter in March 2009. Burnett Water disagreed with WBBCC’s proposals and provided evidence that it had 242 boxes of possibly relevant documents so that it would be time consuming to provide disclosure.

 

Burnett Water also indicated that it might seek an adjournment of the WBBCC matter on the basis that the Commonwealth was conducting compliance investigations against Burnett Water. However WBBCC knows that those investigations have been going on for some time and appropriate enforcement action has not eventuated, despite requests to Minister Garrett made by WBBCC and other groups. Dr McGrath informed the Court that the legislation gives WBBCC legal standing rights to take enforcement action, with those rights not dependent on what the government chooses to do.

 

Justice Logan of the Federal Court decided against ordering a hearing date yet and set a fresh date of 5 December 2008 for a further directions hearing. His Honor has given the parties time to lodge applications, submissions and supporting materials for any pretrial applications such as  disclosure of documents or  adjournment. Any pretrial applications will also be heard in the Federal Court on 5 December 2008.