Parts of the internationally protected Moreton Bay Ramsar site are threatened by proposed residential development next to Toondah Harbour

A vulnerable Bar-tailed godwit feeding in Moreton Bay’s Ramsar protected wetlands next to Toondah Harbour

On World Environment Day, 5 June, the public was notified that a political donor property developer is making a third attempt since 2015 to progress a controversial proposal to dredge and reclaim publicly owned protected wetlands for a high-rise development at Cleveland on Moreton Bay, 30 km from the Brisbane CBD.

Objections must be lodged within 10 business days of the notice. The wetlands are part of the Moreton Bay Ramsar site and are near the departure point for ferries to North Stradbroke Island.

Ramsar protection

Despite modifications, the latest proposal would breach the Ramsar Convention – an international wetlands protection agreement signed by 170 nations, including Australia. The Convention came into force  in December, 1975. Reclamation of wetlands listed under the agreement is only permitted if “urgent national interests” exist. Also, our national environment protection laws adopt the international agreement by specifically requiring the Federal Government to act consistently with it.

The Walker Group (Walker) has a history of making large declared donations to the major parties, including $200,000 to the Federal Liberal Party just prior to the last Federal Election. Walker has paid no income tax in Australia for at least the last three corporate tax years.

Walker wants to build 3,600 units (up to 10 storeys high) within the State Government declared Toondah Harbour Priority Development Area (PDA), which extends out into Moreton Bay and includes over 40 hectares of tidal flats inside the Ramsar site. The PDA was declared by the Newman Government but was controversially continued by the Palaszczuk Government.

In the 1980’s there was a similar plan to reclaim the Toondah wetlands. At that time, such developments were in vogue around Australia, but it was an unpopular proposal and was opposed by the Labor Party oppostion. The election of the Goss Government in 1989 brought it to an end. The Toondah wetlands were protected when the area was included in the Moreton Bay Ramsar site, declared in 1993 – the first of Queensland’s Ramsar protected sites.

The environmental barriers to the Walker proposal appear insurmountable. The first two attempts to obtain federal approval failed to even get off the ground. The proposal to dredge and reclaim Ramsar listed wetlands continues with this third attempt.

In addition to the Ramsar Convention compliance issue, the tidal wetlands within Walker’s proposed development footprint are known feeding habitat of at least two critically endangered migratory birds, the Eastern Curlew and the Great Knot. This is acknowledged by Walker in its latest Referral seeking Federal Government approval.

Also, Walker admits in its Referral that its proposal is likely to have a significant impact on three matters of national environmental significance – the ecological character of the Ramsar protected wetlands, listed threatened species and communities, and listed migratory species.

In relation to the first of these, the Australian Government’s Significant Impact Guidelines also state that

An action is likely to have a significant impact on the ecological character of a declared Ramsar wetland if there is a real chance or possibility that it will result in:

  • areas of the wetland being destroyed or substantially modified”

There can be no dispute that the proposal involves destruction of part of the Moreton Bay Ramsar site.

More importantly, Australia’s obligations under the Ramsar Convention include-

Any contracting party shall have the right to add to the list further wetlands situated within its territory, to extend the boundaries of those wetlands already included by it in the list, or, because of its urgent national interests, to delete or restrict the boundaries of wetlands already included by it in the list”. (Clause 2.5). (my emphasis)

The international Ramsar Secretariat referred to this international obligation in its submission to the Federal Government on Walker’s second attempt to obtain federal approval, lodged in June, 2017.

No one genuinely could suggest that Walker’s Toondah Harbour real estate and marina proposal is in Australia’s “urgent national interests”.

Australia’s international obligations under the Ramsar Convention are reinforced by section 138 of the Environment Protection and Biodiversity Conservation Act. The Minister “must not act inconsistently with Australia’s obligations under the Ramsar Convention”.

It is apparent that the Toondah Harbour proposal to destroy a section of the Moreton Bay Ramsar site could only be approved if the Queensland and Australian Governments are  prepared to deliberately breach the international Ramsar Convention, and our own national laws.

Richard Carew

Lawyer and member of Friends of Stradbroke Island

Published by Redlands2030 – 12 June 2018

 

4 Comments

Eimi, Jun 18, 2018

Knowing how generous Walker Corp are with donations, how will it be possible for Federal government politicians to then refuse to give them what they want…i.e. build 3600 units on dredged and filled marine conservation area at Toondah Harbour and surrounds in Cleveland including wiping out the protected Ramsar listed wetlands to which Australia is signatory? We have seen protected wildlife corridors in Redlands never to be built on, suddenly destroyed for housing sending residents looking for new homes since local governments would find it difficult to say NO to any developer with deep pockets so no koala listed habitat areas are safe from development…so now there will be a need for a new logo…present one with koala face..no longer appropriate.
I have personally been silenced in Redland Council in an attempt to save officially listed koala habitat trees near where I live, and developer also advised only trees that had to be removed would be, but every tall majestic koala food tree was felled again leaving local residents grieving for the lost wildlife habitat. I was silenced in Council before completing a sentence with the member officiating on that day interrupting with the words “done deal, Amy”. As my late husband Paul always said… “we can all be bought!”

Natalie Madsen, Jun 18, 2018

We have more than enough high-rise. Destroy these wetlands and not only these birds but the ecosystem they are a part of will suffer, perhaps irreversibly.

Me too, Jun 13, 2018

When the Qld Supreme Court recently upheld the Gold Coast City Council’s refusal of the Reedy Creek hard rock quarry, the EDO Qld (Environmental Defenders Office) commented that the decision demonstrated the role local councils play in protecting their local environment through careful drafting of their planning scheme and the robustly enforcing that planning scheme against contrary development. The role of local communities in objecting to controversial developments was also raised (read praised).
Apply this to Redland City Council and Toondah. It can’t be said that this council is playing a part in protecting the local environment let alone its international obligations when it comes to the Walker application . Come on Councillors, is it that so called “commercial in confidence” muzzle , or officer recommendations , or something else, that prevents robust enforcing?

Maureen wright, Jun 17, 2018

Nothing is sacred any more To think that developers can virtually do what they want and ruin our country. I have shed a few tears over the years seeing beautiful trees destroyed. Now we drive along and see cardboard looking units. So for our future generations leave something beautiful for our grandchildren can enjoy and feel proud that we saved this beautiful Redlands

Please note: Offensive or off-topic comments will be deleted. If offended by any published comment please email thereporter@redlands2030.net

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.