Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Dam Fish Ladder Decision Costly

Newspaper article Sunshine Coast Daily (Maroochydore, Australia)

Dam Fish Ladder Decision Costly

Article excerpt

Byline: Bill Hoffman

A COMMUNITY-BASED environmental group faces a costs' judgment that may top $5 million and bankruptcy after it failed to convince a federal court that a State Government corporation had not complied with conditions attached to construction of the Paradise Dam.

Justice John Logan after more than 12 months' of deliberation yesterday found that Burnett Water had provided an upstream fish ladder suitable for lung fish.

He ruled that any non-performance of the device since 2005 was due to atransitory commissioning eventsa.

Burnett Water Pty Ltd, now controlled by SunWater which is a wholly owned subsidiary of the State Government will return to court on March 11 to pursue the costs of its defence against Wide Bay Burnett Conservation Council.

The environmental group took the state government entity to court in 2008 alleging that the company had failed to comply with its approval conditions for Paradise Dam under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in that it did not provide a functioning fish ladder. …

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