Train Depot 'illegal'
Reproduced with the kind permission of the
Editor of The Weekend Independent and the journalist Patrick Hay.
November 1996 Issue.
THE construction of a major train refueling depot on Moreton
Bay's Whyte Island was illegal, an environmental group has
The depot has been operating for 12 months.
The decision to build the facility in an area protected by an
international wetlands treaty was made by the former state
A member of the Australian Marine Conservation Society, Mel
Holz, said he had sought advice from community legal
organisation, the Queensland Environmental Defenders Office.
A report, given by an EDO solicitor on the matter, cited a
1995 High Court decision as evidence that the construction was
"in breach of Australian law".
The report said the decision showed governments were legally
bound to conform with international treaties which they had
Australia (and the Queensland government) is one of 93
countries to have signed the RAMSAR convention to maintain the
"ecological character" of the world's wetlands.
Moreton Bay is listed as a significant wetland area in the
treaty, which took its name from a Middle-Eastern town where the
convention was first held.
* Continued on Page 4
Train depot risk to wetlands
Moreton Bay is also included in wetland treaties with China
Mr Holz said although the government was legally obliged to
have considered the treaties when approving the development, he
said there was no evidence to show it had done so.
"In Freedom of Information searches on the Department of
Environment, Department of Primary Industries and Queensland Rail
we found no evidence whatsoever that they had considered
RAMSAR," he said.
Despite Mr Holz's findings, he said he had received a letter
from current Transport Minister Vaughan Johnson which claimed
that the treaties had been considered by the Transport Department
during development approval stage.
Mr Holz said Mr Johnson and the Nationals in opposition had
been outspoken against the development, but now did not want to
move the facility because it would cost millions of dollars.
He said until the site was moved it would pose considerable
risk to Moreton Bay wetlands, despite assurances by both
governments that the facilities conform with best practice
environmental standards and was "fail safe".
As the Opposition's Transport spokesperson in the former
government, Mr Johnson said the situation was "totally
unacceptable" and called for a full environmental assessment
with an "exhaustive consultation" process with the
public. He also said: "I am one that will never run away
from a hard issue."
Mr Holz said the current audit into the site was only part of
a certification process, which Mr Johnson had already pre-empted
by stating the depot would remain in its current position.
He said that there was ample room for the depot on Fisherman
Island, where risk to the Moreton Bay environment would not be so
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