In November 2008 the Wide Bay Burnett Conservation Council commenced Federal Court proceedings alleging that Burnett Water contravened a condition of the Federal environment approval for Paradise Dam. The group claimed that Burnett Water – which is owned by SunWater Ltd – had failed to protect QLD lungfish.

On Friday, Justice Logan dismissed the application, finding that the fish transfer devices were suitable for the fish species. He also noted that the Paradise Dam upstream fishway in particular, has the widest size range of any upstream fish lift or lock in the world.

SunWater Chief Executive Peter Boettcher said the judgement had confirmed SunWater’s belief from the outset that Paradise Dam’s fish transfer devices were suitable and in accordance with the Federal Government’s environmental approval.

“[The] ruling confirms to the communities within the Burnett and Bundaberg region that the Paradise Dam is being operated in an environmentally responsible manner while still providing the essential water supply security and reliability the region needs,” he said.

The Wide Bay Burnett Conservation Council is now considering appealing the decision, local media has reported.