Original story by Denise Carter and Kimberley Vlasic, The Cairns Post
ENVIRONMENTAL Defenders Office NQ set to launch push to give the Great Barrier Reef its own legal identity.
The Environmental Defenders’ Office’s Fergus Power wants to give the Great Barrier Reef its own legal entity. Photo: Tom Lee
The Environmental Defenders Office NQ in Cairns is launching a campaign on February 20 to give a legal identity to the Great Barrier Reef so it can be defended in court.
It follows the news Brisbane-based EDO Queensland is taking legal action on behalf of the North Queensland Conservation Council with the support of protest group GetUp Australia to the administrative appeals tribunal.
It is looking to overturn the decision to dump three million cubic metres of dredge spoil inside the Great Barrier Reef World Heritage Area.
“It is time,” principal solicitor of EDO NQ Fergus Power said, citing the Great Barrier Reef Marine Park Authority’s permit grant on Friday for North Queensland Bulk Ports Corporation to dredge the harbour at Abbot Point near Bowen.
He fears the move increases the potential of UNESCO putting the Reef on its “endangered” list or taking it off its World Heritage list in June.
He is also concerned about perceived conflicts of interest within GBRMPA.
“Since the dumping decision, we have had overwhelming feedback from people that the Reef should have some capacity to speak for itself,” Mr Power said.
He said this approach had not yet been used in Australia but there was a precedent in New Zealand where the government gave the Whanganui River a legal identity in August 2012, so it would be treated as a “person”, with a legal standing.
“There are many ways that the legal personality for the Great Barrier Reef can be approached: trustees could be appointed to look after the natural ecosystem and act on behalf of the entity,” Mr Power said.
“They would be respected groups (or people) who are devoted to the protection of the natural environment, or another simple way is for all people to have standing to protect the interest of the Reef.
“The Great Barrier Reef is beyond national parties, it should be held in trust for all the people of the world.
“We already grant rights to dead objects, and the Reef is a living thing.”
The launch date of the campaign by EDO NQ a non-profit, non-government community legal centre is the United Nations World Day of Social Justice.
Marine programs co-ordinator of the Cairns and Far North Environment Centre Josh Coates said he supported the move.
“I think personifying the Reef is a good idea,” said Mr Coates, who is also a marine biologist.
He said there was also a high level of community concern about a proposal to dredge more than five million cubic metres of mud to expand the shipping channel in Trinity Inlet.
The Association of Marine Park Tourism Operators could also appeal the Abbot Point decision on the grounds GBRMPA has failed to fulfil its obligations to conserve and protect the Reef.
“It has to go to the board, but I don’t think we can afford to walk away from this,” association executive officer Col McKenzie said.
“If the leadership of the Great Barrier Reef Marine Park Authority isn’t prepared to enforce their act, it’s time to replace that leadership.”
Mr McKenzie said a move by UNESCO to list the reef as “World Heritage in Danger” would impact on tourist numbers and tourism operators in the Whitsundays were already experiencing a downturn due to poor visibility caused by suspended matter in the water.
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