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Councillor Susan Beveridge
Mornington Peninsula Shire
The Honourable Kevin Rudd MP
Prime Minister
Parliament House
Canberra. 2600
27th December 2007.
Dear Prime Minister,
I am concerned that the new Labor Government is proceeding with unseemly haste in allowing the Port of Melbourne Corporation to dredge Port Phillip Bay. At this point in time it appears to be scheduled to start in early February 2008, and the ramifications of its completion have not been made clear to all affected stakeholders. I am of the belief that Minister Peter Garrett is intruding upon the Treasury Portfolio, and giving the go ahead to a matter within the Treasurers responsibility.
I am a councillor and a member of a concerned citizens group, that holds serious doubts about the wisdom of such an action. Tidal heights inside the bay are currently at a level significantly lower than the tidal level outside the heads, and we fear that if the opening is enlarged, enormous amounts of extra water will flow into and out of the bay, causing enormous damage to the properties of individuals and municipalities that front the bay. There is pending a Court Case in the Federal Court of Australia an action to halt the dredging while the ramifications of the environmental impacts of the dredging are carefully considered. Yet days before this January 10 hearing, the dredging company fleet is to be set in motion.
Currently the Federal Court of Australia is difficult and expensive to access and a very risky place for any individual with property to venture. It does not have to be such a place, and I would like to hear that the Government that you lead, will take steps that will allow property owners in Melbourne, all bayside suburbs and townships, who will be adversely affected by the dredging, to avail themselves of the Trade Practices Act 1974 to take prophylactic action, to prevent damage before it occurs, rather than have to take action after the event.
Our concern is that no amount of money will be enough to repair the damage, and the resources of the State and Port of Melbourne Corporation will not be sufficient to cover the potential damage.
There was a trial dredging program conducted in August 2005, and in the two years since completion, significant scouring and rapid erosion has occurred within the boundaries of the trial dredging area. The hydrodynamics of the bay entrance have changed, and it is a treacherous entry at best. The increased velocity of the water ingress and egress needs to be carefully evaluated.
We are also worried that toxic sediment will be released, that is currently relatively safely captured in the Yarra River sediment.
This would represent unconscionable conduct by the dredging company.
The plan is to extract three million cubic metres of toxic sediment from the Yarra River and dumping it elsewhere in the Bay in an open clay walled bund, with serious risk of widespread contamination.
The economy of Mornington Peninsula is very dependant on tourism, and the proposed 12 kilometre exclusion zone around the dredgers will put a number of operators out of business.
If we could be assured of a fair and impartial application of the Trade Practices Act 1974 in the Federal Court of Australia then there are a large number of operators who would be interested in taking part in a class action, with a view to protecting their livelihoods. Further there are tens of thousands of people in the Shire alone who gave a written indication to me that they would support such action; a state-wide Community Class Action would quickly gather momentum. I believe that the other wards in the Shire and other Shire Councils would be supportive. The whole littoral environment of the Bay, has an interest.
This project was only possible because the previous government in Canberra would not allow the Trade Practices Act 1974 to be enforced against the Port of Melbourne Corporation. S 51AA and S51AB and 51AC Trade Practices Act 1974 bind the Port of Melbourne Corporation and if we had access to the Federal Court of Australia the Channel Deepening Project would not go ahead.
As a matter of urgency, would you consider the repeal of S 39 Federal Court of Australia Act 1976, and Order 46 Rule 7A Federal Court Rules, so that ordinary people can access the Federal Court without restrictions, without the risk of a "costs order' being imposed by a single judge before a trial is held.
The Parliament of the Commonwealth has made provision for jury trial in sections 40 and 41 Federal Court of Australia Act 1976 but no Judge has ever allowed a jury to exercise the Judicial power of the Commonwealth.
The Trade Practices Act 1974 is administered by the Treasurer, and it is his duty to see it is enforced. It prohibited exclusionary clauses in contracts, by Labor amendments made in 1995, in S 45 Trade Practices Act 1974 , but the previous government was not prepared to allow them to come into effect. S 39 Federal Court of Australia Act 1976 excludes electors from participation in "courts" and Order 46 Rule 7A Federal Court Rules allows Judges to exclude people from "court" absolutely on their own whim.
As a councillor I know I am bound by the Trade Practices Act 1974 and I would like to have confirmation that this Act will from now apply to everyone equally. Please advise me within seven days if possible and within fourteen days at the outside, of the consequences of this request.
Yours faithfully
Susan Beveridge.
Cc:
The Governor-General, His Excellency, Major-General Michael Jeffery
Senator the Hon. Alan Ferguson
The Hon. Peter Garrett MP
The Hon. Robert McClelland MP
The Hon.Wayne Swan MP
Senator the Hon. Penny Wong
The Hon. Greg Hunt MP
The Premier of Victoria, the Hon. John Brumby MP
The Hon.Tim Holding MP
The Hon. Rob Hulls MLA
The Hon. Gavin Jennings MLC
The Hon. Justin Madden MP
Mornington Peninsula Shire Coucillors
Cr. Bev Colomb, Mayor
Cr. David Gibb
Cr. Bill Goodrem
Cr. David Gregan
Cr. David Jarman
Cr. Aldona Martin
Cr. Tim Rodgers
Cr. Anne Shaw
Cr. Reade Smith
Cr. Brian Stahl
Mornington Peninsula Shire Council
Chief Executive Officer, Dr. Michael Kennedy
Kingston Shire
Cr. Bill Nixon, Mayor
Mr. Ian Alexander Lyons JP
Ms. Jenny Warfe, Blue Wedges Coalition
Mr. John Willis, Blue Wedges Coalition
The Editor, Mornington Peninsula Leader Newspaper
The Editor, The Independent and The Mail Newspaper
The Editor, Herald Sun Newspaper, Melbourne
The Editor, The Age Newspaper, Melbourne
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