This series of decisions involved a dispute over the construction of a fish transfer device. The device was built as a condition of a decision to approve the construction of a dam. Its function was to allow upstream movement of fish. It was alleged the device that was constructed was inadequate.
In 2008 the Wide Bay Burnett Conservation Council Inc (WBBCC) sought an injunction under the Environment Protection Biodiversity Conservation Act 1999 (Cth) ("EPBC Act") to compel Burnett Water to provide for upstream movement of Australian Lungfish (Neoceratodus fosteri) around the Paradise Dam. The Paradise Dam is located in South East Queensland; in 2003 its construction was granted approval under the EPBC Act on the condition that Burnett Water install and operate a fish transfer device.
On 12 December 2008 Justice Logan of the Federal Court denied Burnett Waters application for a stay or dismissal of these proceedings. In subsequent proceedings on 18 March 2009 the statement of claim (the court documents that contain the applicant's case) was struck out, and the Federal Court granted the applicant leave to file a new statement of claim.
The trial was orginally listed for 4 weeks commencing on 7 September 2009 but on the first day of the hearing it was adjourned until 9 November 2009 after the respondent applied to the Federal Environment Minister to amend the condition on which the case is based.