Debate resumed, on motion by Mr Broadbent:

That the House:

(1)

notes the recent decision of the Federal Court to award costs against the incorporated community group, Your Water Your Say, following an unsuccessful action against the Australian and Victorian Governments in relation to the proposed construction of a Water Desalination plant at Wonthaggi, in the Electorate of McMillan;

(2)

recognises that community groups such as Your Water Your Say:

(a)

have a democratic right to express their legitimate concerns about the environmental impact of major infrastructure projects;

(b)

have the right to pursue their concerns through legal action if they consider these concerns are not being properly addressed; and

(c)

should not be constrained from seeking recourse to legal process because of a threat of onerous costs; and

(3)

calls on the Australian Government to:

(a)

waive the court costs awarded to the Commonwealth as a result of the failed court action by Your Water Your Say; and

(b)

agree not to pursue individual members of Your Water Your Say for the recovery of the costs.

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