9 June 2009
MELBOURNE WATER CONFIDENT IN WATER ACT
Melbourne Water is confident that its rights under the Water Act to authorise workers on the Sugarloaf Pipeline project to enter private property will be upheld at a court hearing starting in Seymour today.
Melbourne Water Project Director Rod Clifford said while the case being heard was one of obstruction by a protestor, the hearing was effectively a test case for the Water Act’s land entry provisions raised by Sugarloaf Pipeline opponents, Plug the Pipe.
“It’s a test case that will resolve the question of Melbourne Water’s legal rights to access private land to build the pipeline,” said Mr Clifford.
“Plug the Pipe has long been waiting for an opportunity to argue this matter. This is their day in court. We are confident that the law is crystal clear in our favour.”
Mr Clifford said Melbourne Water would make a compelling case to the Magistrate, that the Act is crystal clear in providing Melbourne Water the right to access private land in order to build vital infrastructure.
“We are confident that we will be successful. The Sugarloaf Pipeline Alliance has worked continuously with residents along the 70-kilometre pipeline route to resolve any concerns they have had and every effort has been made to minimise the project’s impact,” he said.
“The vast majority of residents have understood the impacts and worked with us cooperatively, but a very small number of protestors have made it difficult for our workers. Taking our workers to court recently had a significant impact on the lives of those charged for simply doing their jobs.
“While the court will hear charges against one protestor for obstructing our workers, this is a relatively minor legal matter in comparison to the trespass charges brought against Melbourne Water workers and contractors.
“Today’s obstruction charges relate to a protest on September 24, 2008 when it was necessary for Melbourne Water to construct the pipeline,” he added.
Mr Clifford said Melbourne Water maintained there was a need to charge individuals with obstruction in rare circumstances where demonstrations got out of hand.
“As a rule, our approach is to facilitate peaceful demonstrations and this has been the case throughout most of the construction phase to date. We are now eager to put to rest the larger legal question which is the prime subject of the court hearing today and that is about our rights under the Water Act,” he said.
Media Contact: Nicolas McGay +613 9235 2278 +61 (0)438 981 836