The Queensland Government has now approved the Dreamworld Masterplan using ministerial call-in powers.
The approval reportedly allows clearing of about 42,000 m² of mapped koala habitat (around 1,000 habitat trees according to ecological reports) to facilitate hotels, residential development and tourism infrastructure.
Environmental groups argue that this will further fragment an already highly stressed northern Gold Coast koala population.
They have publicly called for the proposal to be referred under the EPBC Act for Commonwealth assessment.
This may become one of the most significant koala test cases in Queensland.
In Coomera, cumulative impact appears particularly important because the Dreamworld site does not exist in isolation.
It sits within a landscape already affected by major transport corridors, massive urban expansion and other approved developments.
Environmental organisations argue that remaining habitat is becoming progressively isolated leading to further koala extinctions in Queensland.
The legal situation is dire.
At the state level, the community can make submissions about the call-in but cannot appeal the merits of the Minister’s final call-in decision or the Minister’s decision on the development.
There are no merits to appeal against the Minister’s call-in decision.
At the federal level, the situation is even more undemocratic.
There is no automatic statutory duty requiring the Queensland Government to refer every project affecting an EPBC-listed species. (A reminder that the koala is listed as endangered in Queensland under the EPBC Act).
The EPBC Act is built on a self-referral model. If a proponent decides not refer a project and neither the State nor the Commonwealth intervenes, there is no mechanism by which the community can compel a referral before habitat is cleared.
The community can alert the Commonwealth, provide evidence and request enforcement action, but it cannot itself trigger the statutory referral process.
That gap has been criticised by environmental lawyers and was one of the systemic weaknesses identified during the review of the EPBC Act led by Professor Graeme Samuel.
The Dreamworld call-in by the Crisafulli government demonstrates an alarming loss of the democratic rights of citizens, a loss of transparency as well as shades of a dictatorship by governments who appear no longer bound to act on or respect public concerns.
MEDIA CONTACT:
Sue Arnold
Australians For Animals co-ordinator
ph: 0408 989 862
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