Lungfish left high and dry -

I used the FOI request and response, to show that the Premier had based his statement on personal opinion with no credible evidence or scientific results and was misleading the people of Queensland. Those of us from the Anti Dam groups who participated were successful in persuading Minister Malcolm Turnbull (the then Howard government Environment Minister) to agree to carry out an environmental audit of the Beattie (now Bligh) government’s compliance performance for the fishway on Paradise Dam.

The audit was carried out by officers of Minister Peter Garrett’s department late last year. Myself and other members of the Anti Dam groups met with Garrett in Gympie on February 25, 2008, where I explained to him that the compliance can not be met because the downstream entry point for the fishway is situated at 63m EL which is 6m above the current storage level of the dam, and this precludes downstream passage. The reason it is at this height is to ensure that successful fish passage does not compromise the economic performance of the dam, thereby rendering the “fish transfer device” unsuitable for lungfish.

This is in direct breach of condition 3 of the variation.

The minister’s officers make the following observations and determinations in respect of the “device”: “The Fishway has not fully commenced”.

Burnett Water P/L (a $2 Queensland government-owned corporation) responded:

It is BWPL’s view that this condition has been met and BWPL is compliant. Continuing drought conditions has meant that the Paradise Dam storage level has not reached the design operating range for the downstream fishway of EL62.0m. The fishway design process included extensive consultation with fish experts and government agencies and advice from fishway experts over an extended period of time. The operating range was considered to offer the best cost-benefit-risk outcome for all stakeholders that balanced protecting the lungfish with cost-effectiveness of the design. The Resource Operations Plan (ROP) established by the State Government specifies that the fishway is to have an operational range of between EL 62.0m and EL 67.9m. The highest the water level in the dam has reached since its construction was EL 55.62m.

The Department’s response:

The fishway was to commence when the dam became operational. It is DEWHA’s view that the dam became operational in December 2005. Only part of the fishway is currently operating (upstream). A rating of partial compliance is given when there is more than one element to the condition or requirement being assessed and the auditee has complied with some but not all elements. In this instance the fishway contains both upstream and downstream elements, and both of these have not been met, therefore a rating of partial compliance is appropriate. It is however noted, that the rating of partial compliance is due to drought conditions and low dam levels.

If we refer back to the variation for approval there is no mention of “partially complying”. The wording is distinct: “Burnett Water must install a fish transfer device on the Burnett River Dam suitable for lungfish”.

The Anti Dam groups are adamant: compliance has not been met; fish passage must occur in both directions. There can be no mistake, compliance with the conditions of approval have not been met by the Bligh government’s water operations entity Sunwater. The spurious claim that “continuing drought conditions” are to blame is a fallacy and easily debunked.

The dam is currently at EL 57m and falling and Sunwater is selling water on a daily basis. Rainfall at the Bureau of Meteorology gauge near Gayndah (upstream) for 2007-08 was above the 137-year median and rainfall in South-East Queensland was particularly heavy post Christmas and yet the dam has still not reached the EL 63m.

So in effect the dam was a Beattie government election promise built in an unsustainable catchment. It is unlikely that further large inflows will occur now; this will result in another year of non compliance with the conditions of approval leaving the Lungfish with no useable fishway.

It is then not unreasonable for the Anti Dam groups to put forward an argument that it is unlikely that compliance can be met in the foreseeable future unless the Federal Environment Minister applies to the Federal Court to force BWPL or Sunwater to repair or mitigate the damage that has been or is likely to be caused to a protected species - the Australian Lungfish.