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Nathan Dam Case
The Nathan Dam Case was a test case of environmental impact assessment under the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
The Queensland Conservation Council and WWF-Australia challenged decisions of the Federal Environment Minister involving a proposal to construct a large dam in central Queensland. The purpose of building the dam was to supply water to irrigate crops and other development in the catchment of the Great Barrier Reef World Heritate Area.
The issue in the case was whether the impacts of the dam could include pollution from farmers using water supplied by the dam. The court held that they could.
The trial was heard in the Federal Court by Kiefel J in 2003 and an appeal was heard in the Full Court of the Federal Court by Black CJ, Ryan and Finn JJ in 2004.
Key documents for the case are:
- Referral of the dam by Sudaw Developments Ltd on 19 August 2002 (Referral No. EPBC 2002/770).
- Map of the proposed dam site accompanying the 2002 referral. Note: better quality maps showing the dam location and dam reservoir are available here and here from a later referral in 2008.
- GoogleEarth images showing surrounding countryside and terrain of the proposed Nathan Dam.
- The Minister's decision under section 75 of the EPBC Act, the subject of the application for judicial review (a second, related decision under section 87 of the EPBC Act was also challenged).
- Further Amended Application for an Order of Review (Version 3).
- Judgment of Kiefel J in the trial granting judicial review: Queensland Conservation Council Inc v Minister for the Environment and Heritage [2003] FCA 1463.
- QCC's outline of argument on appeal.
- Judgment of the Full Court refusing the Minister's appeal: Minister for the Environment and Heritage v Queensland Conservation Council Inc [2004] FCAFC 190.
A summary of the background and significance of the case is available here.
Transcript of a debate on ABC Radio Earthbeat about the dam in 1999 is available here.
On 3 July 2008 a revised proposal for the Nathan Dam and an associated pipeline to supply water to coal mines was referred under the EPBC Act (Referral No. EPBC 2008/4313). It is currently being assessed. For more information see the SunWater website and WPSQ.
Photos above:
1. Somerset Dam, SE Qld;
2. aerial spraying of crops;
3. coral on the Great Barrier Reef.
Sources: Qld EPA (1 & 2); GBRMPA (3).
Dawson River near Glebe Weir in area to be flooded by Nathan Dam. Photo: Steve Castle (Ecopix). Used under licence.
Dawson River at proposed Nathan Dam wall. Photo: Steve Castle (Ecopix). Used under licence.