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Mirko Bagaric’s Opinion & Analysis (Business Age 18^th January) highlights discord between the rhetoric and the reality of the Bracks government which, as Mirko suggests permeates our daily lives. “Rights”, like power and gas appear to have been corporatised, with those able to purchase top legal representation most likely to be found “right”.  How often we hear the lament that local residents lost their VCAT battle because a developer (incidentally sometimes government) brought out the top legal guns at VCAT – originally conceived as the people’s court.  

In campaigning for alternative solutions to the present channel deepening proposal, the Blue Wedges Coalition has also felt the pointy end of the Bracks’ government’s real attachment to rights. Under the Environment Effects Act 1978 a project cannot commence whilst the EES process is still underway, so in August 2005, we challenged the legality of trial dredging whilst the EES process was (and still is) underway. We weren’t able to have that legal argument because the court required a $32 million surety in the event of Blue Wedges’ success (in winning our injunction and the case proceeding to a full hearing which would have delayed the project) – funds we did not have. This surety was to indemnify the Port of Melbourne Corporation (a State government statutory body) against potential loss of funds it had already expended with Boskalis (the Dutch dredging company again booked to undertake the remaining project if final environmental approvals are received) in a ‘commercial-in-confidence’ deal.  Judge Mandie stated we had an “arguable case”, but not being equal to the legal and commercial power of government we had to withdraw.

In a further impediment to all our civil rights, the Bracks government has drafted the Channel Deepening Facilitation Bill, which would alter the Victorian Constitution and remove our remaining long standing Third Party appeal rights at VCAT. This would mean any person or business potentially affected by the proposal cannot seek review of any Ministerial decision related to project. The Bill also reduces access to areas of the Bay as specified by the PoMC - a further impost on Bay businesses. The Bill is still before Parliament and can be enacted at any time - an alarming example of what a government is prepared to do to impose its will.

It certainly is a sorry state of affairs when government can espouse commitment to human and civil rights whilst also preparing to alter our constitution merely so we can move a few more containers through, and the transport industry can save approximately $80 per container by 2030 – on a container which has contents valued at a (current) average value of $40,000. PoMC claims there will be direct benefits of $1.6 billion over 25 years if the channel deepening proposal was to proceed (although the 2005 Panel Report observes that most benefits would not flow to Victorians). There is however considerable data which puts the recreational and business value of Port Phillip Bay at well over $1 billion per annum for Victoria! Little wonder that many of us are so keen to Save the Bay.

If Mr. Bracks is really committed to open and transparent government he should perhaps commission a study into the full economic, social and environmental values of Port Phillip Bay – not just the Port - and then in the light of recent events ponder the massive increase in imports and loss of manufacturing jobs and the connection with increased truck traffic on our roads, increasing demand for power, air-conditioners (all imported now) and the sale of Australian fossil fuels to China at bargain basement prices. Then set a new course for Victoria.

Jenny Warfe

President

Blue Wedges