Looking at river flows and the fine print of the Cubbie licences, water engineers estimate that in an average year Cubbie can take about 200,000 mL of water and in a good year, about 500,000 mL. And for the privilege, the station pays just
$3700 a year.
For Cubbie, dealing with the government has been easier - much easier - than dealing with the neighbours. Initial proposals for huge dams with 10 metre high walls ended up going all the way to the Court of Appeal.
Mr Justice Fitzgerald, finally knocking back the proposal, delivered a blast to the department for ignoring all environmental, economic and social impacts saying " . . . it would be odd if a referable dam, however vast, may be built as
long as it is safe".
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Early efforts to regulate the Dirranbandi river users fell apart when Cubbie station successfully challenged the scheme on a legal technicality. Although the technicality was susceptible to easy remedy, the then Goss government - turning to
water so to speak -allowed the area a form of self-regulation.
Since then, there is much that needs further explanation in the record of government dealings with Cubbie station.
The Goss government took internal legal advice that Cubbie's dam proposals were of such a scale that Environmental Impact Assessment would be required. It never happened and the record is obscure as to the reasons why not.
National Party minister and local member Howard Hobbs had a very easy relationship with Cubbie station, knocking back a departmental recommendation to gazette Cubbie's new dam plans for assessment and objection.
Forgetting Fitzgerald, the department restricted itself to the safety argument, criticising Cubbie for the rather startling belief that "engineering standards need not be applied if the embankment is kept below 5m".
Mr Hobbs said that rather than gazetting dams, which put property owners to unnecessary expense, he had implemented minimum construction standards for dams. A quick check of dam builders last week revealed that some were unaware of any
standards and others knew of a departmental brochure which wasn't regarded as any sort of mandatory requirement.
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"A minister is there to run the department, not to give in to every departmental brief that comes along," Mr Hobbs said. "If it was built and it hasn't broken, therefore whatever I approved at the time obviously has
worked."
On the mystery of why the decision had gone to him in the first place when the Director-General was the official empowered to gazette dams, Mr Hobbs said, "I guess they were just covering their backsides."
The question of Cubbie's water charges generated another quick if slightly dubious fix. A departmental legal opinion suggested that Cubbie should pay an annual $74,000 rather than an annual $2900 for its 51 water harvesting licences.
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