Lungfish court case gearing up | Bundaberg Environment | Environmental News in Bundaberg

A SETBACK in the legal battle over a fishway on Paradise Dam has not dampened hopes that the ruling will set a precedent to protect lungfish.

The Wide Bay Burnett Conservation Committee (WBBCC) has gone all the way to the Supreme Court in an attempt to prove that Paradise Dam has contravened its planning permission by having a fish lift they claim does not work.

But Supreme Court Judge Justice Logan dismissed as “irrelevant” much of the evidence gathered by WBBBCC, including their claim that defendents Burnett Water knew that the lift was not working properly.

WBBCC co-ordinator Emma-Kate Currie said despite the evidence being thrown out of court, it meant that the information was available to the public.

“We don't think it has changed our chances, it shows how hard they are fighting in opposition to us,” Miss Currie said.

“Now that the information is public, it may increase awareness of the issue - if this fish lift is proved unsuitable, the Traveston Dam will go back to the drawing board.”

Miss Currie said it was a vital case because lungfish are only found in the Burnett and Mary rivers.

A pre-trial date is set for July 31, and the watershed case will be heard in September.

“We're gearing up and finalising all our preparations for the case,” Miss Currie said.

Burnett Water became a subsidiary company of SunWater in December 2005.

“While the case is currently before the courts, it was inappropriate for SunWater to comment,” a SunWater spokeperson said.