By Graham Matthews
BRISBANE — On September 3, Friends of Hinchinbrook lodged an application for leave to appeal to the High Court. The appeal relates to the refusal of the Federal Court to review environment minister Senator Robert Hill's go-ahead for developer Keith Williams' dredging in Hinchinbrook Passage.
The struggle to protect Hinchinbrook has been long and complex. The High Court appeal would be the latest legal attempt to force state and federal governments to adhere to their own environmental guidelines and adequately protect the Hinchinbrook Passage and Hinchinbrook Island World Heritage values.
It is being backed up with a water-borne blockade against attempts to dredge.
The complexity of the struggle lies not so much with Hinchinbrook's ecological value — documented by a range of scientific reports — but the process which has permitted Williams to proceed.
Williams purchased the site with development approval from Tekin Australia Limited in 1993. Since then, the lease and accompanying freehold land have been rezoned, and the development of a resort, marina and boat ramp approved by Cardwell Shire Council in 1995 under "Joh-style" development regulations.
No comprehensive environmental impact assessment was carried out before approval.
On November 15, 1995, following a concerted campaign by Friends of Hinchinbrook, the area encompassed by Williams' Oyster Point development was proclaimed under the World Heritage Properties Conservation Act (which covers the Great Barrier Reef Marine Park). This meant that any further development had to have the federal environment minister's approval.
In theory, this proclamation requires the minister to assess all activity on its likelihood to cause damage to World Heritage values. According to Margaret Moorehouse, campaign convener for the North Queensland Conservation Council, federal governments (Labor and Liberal) have failed to make this assessment.
"The proposed Oyster Point development threatens the World Heritage property", said Moorehouse. "The test accepted by the attorney general for a threat to a World Heritage property is 'likely to damage or destroy'. This is far more stringent than the more familiar 'significant damage' test."
Hill removed the restrictions on the Oyster Point development placed there by his predecessor, Senator John Faulkner.
The consent issued by Hill in August 1996 allows the dredging of a marina channel one quarter of the way across Hinchinbrook Passage, and the construction of an artificial beach to replace the mangroves destroyed by Cardwell Properties in 1994.
"The consent process was flawed", said Moorehouse. "There was neither public access to nor relevant expert critique of the proponent's application documents ... The resulting ministerial consent decision proved insupportable."
Friends of Hinchinbrook have vowed to continue their campaign against the federal government and the developer both through the courts and at the site, where conservationists are determined to stop the dredging with a well-organised blockade.