The residents of a remote area in central Queensland have taken their fight for “black timber frames” to the Supreme Court.
Key points:The people of Bayswater have long complained about the impact of the mining on their local areaThe High Court has ruled the Bayswaters can stay on “black wood” timber frame houses in the communityThe Bayswarrin residents claim their home was destroyed by the mining of black timber frame homes, which they say is the only source of water in the areaThe Bendswood residents have been fighting for years to stop the destruction of their land for a “black” timber framed house.
Their arguments have been ignored by the Queensland Government, which says the area is an agricultural and commercial property.
“The Benders have long been suffering from water shortages and poor water quality,” Justice Michael Williams said in a statement on Wednesday.
“They have been repeatedly advised that the Black Timber Frame House (BMF) project will provide a safe and reliable water supply for the area.”
The Bisheswood residents say they have spent hundreds of thousands of dollars fighting to get the area protected.
They say they had a land lease in place for nearly 60 years, and have fought to protect the area with legal action and environmental advocacy.
“This is an example of how a single incident can have a profound and long-lasting impact on people’s lives and their livelihoods,” Justice Williams said.
“It was important for the High Court to make this decision today.”‘
Black timber frame house’ destructionA High Court case was recently heard by the Supreme Courts, which has heard the case of the Bendswarrins and their neighbours in the Bieswarrinyin District Court.
Justice Williams was referring to a 2010 ruling by the High Courts which allowed a person to reclaim land on behalf of a “protected” area if it was damaged by a person or company.
“What happened here is a case of a single, tragic event, but we do not have any other examples of a loss of life, or loss of property, because of an alleged loss of control of land,” Justice Anthony Brown told the court.
“So that is what this is all about.
It is an attempt to stop a project that is very costly to do, and very risky for the people of the area and it will do the community a great disservice.”
Justice Brown’s statement read:”We are not asking you to be happy.
We are asking you, instead, to consider what has been going on and the impact that the Benders and their community have had on the area since the Black Wood Frame House project began.”
He said it was important the High Commission recognised the impact the development had on local people, as it was a “significant loss of public amenity”.
“I believe that the community has been put on notice that the decision to proceed with the project will have an adverse impact on the lives and livelihoods of the community,” Justice Brown said.
The High Commission’s response to the Bateswarrine residents’ legal action was scathing, and the High Commissioner in Queensland has said he will not be attending the case.
Topics:environmental-impact,environmentalism,law-crime-and-justice,environment,environment-management,environmentary-management-andutilities,environments,environmentals-and/or-management/environmental,environmentaustraliaFirst posted February 03, 2019 14:26:34Contact Anna LeeMore stories from New South Wales