24 September 2008
STATEMENT ON WATER ACT BREACH
From the From the Sugarloaf Pipeline Alliance
A woman has been arrested for obstruction under the Water Act (1989) and will be charged on summons.
The arrest took place at 1:55 pm at a property near Glenburn when workers on the Sugarloaf Pipeline Project entered the property to conduct environmental and technical survey works.
Section 133 of the Water Act (1989) allows Melbourne Water employees and contractors to lawfully enter private properties to conduct works under the Act. This is similar to other utility authorities entering properties to install other vital infrastructure and services, like gas and telephone lines, across the state.
This is now a matter for the courts.
The Alliance understands the sensitivity of accessing and working on private property. We have gone to great lengths to work with affected landowners to explain the rights, obligations and importance of gaining access. We have also made it abundantly clear that our officers and employees will not be obstructed while carrying out their lawful duties in accordance with the Act.
We respect the rights of people to protest and express their point of view lawfully. Beyond that, it becomes a matter for the courts.
As we finalise our Environmental Management Plans, research like that being carried out today is very important to the various specialists and will allow them to aid the Alliance and Melbourne Water in constructing the pipeline in the most environmentally and socially sensitive manner possible.
Alliance staff will access properties today with others to be accessed in coming weeks. Landowners will be contacted to arrange suitable times if they chose to be present during the visits. Although the Alliance has specific powers of entry under the Water Act, we will continue to work cooperatively with as many landowners as possible.
Researchers will be assessing flora, fauna, waterways and drainage lines, as well as locating existing services such as electrical and telecommunications cables.
All staff will spend the absolute minimum time required to fully complete their respective tasks at the various properties and diligently observe strict bio-security procedures under the guidance of agricultural experts.
Media Contact: Andrew McGinnes +613 9235 7277 +61 (0)403 930 846