An independent review has found the operator of Brisbane's two dams acted reasonably during last year's devastating floods. The review by the United States Bureau of Reclamation and US Army Corps of Engineers found that dam safety programs had been thorough and responsive, but that SEQ water should update its risk assessments for Somerset and Wivenhoe Dams.
Law firm Maurice Blackburn says the review findings do not affect its class action representing more than 3,000 people, which they hope to have in court by the end of the year. - Nance Haxton
ELEANOR HALL: The Queensland Government is today denying that the new report it ordered into the operation of Brisbane's dams during last year's deadly floods is a whitewash to enable it to cut costs.
The Government commissioned the United States Bureau of Reclamation and the US Army Corps of Engineers to conduct the review into Seqwater.
This new report finds the operators of the Wivenhoe and Somerset Dams acted reasonably, contradicting the findings of the $15 million Royal Commission into the Flood Disaster.
But today the Minister defended the independence of the latest review.
In Brisbane, Nance Haxton reports.
NANCE HAXTON: While the floods hit Queensland's south-east more than 18 months ago, many people are still hurting and rebuilding.
Seqwater was operating Wivenhoe and Somerset Dams west of Brisbane when 14,000 homes and businesses were flooded.
This latest review of what happened during that flood has exonerated Seqwater and its engineers.
The review found that decisions were "prudent" and made with "appropriate engineering judgement given the available information".
The report also found that any alternative operations would not have made a significant difference to the flood's magnitude.
Queensland Water Minister, Mark McArdle, says the report clears Seqwater.
MARK MCARDLE: Look this is a report required under the terms of the Flood Commission of Inquiry. The Government has followed that through.
NANCE HAXTON: This isn't the first report into the floods. An initial report by Seqwater cleared the organisation of any responsibility for the flood.
After months of political pressure, the Anna Bligh government delayed the state election to conduct the Floods Commission of Inquiry.
The commission found that Wivenhoe Dam was mismanaged before the floods, exposing the government to potentially millions of dollars of compensation.
This latest review did not consider those findings, as it only reviewed the results of the Seqwater report.
However, Mr McArdle says this latest review isn't about covering up.
MARK MCARDLE: This report is not formulated or asked for in regards to litigation matters at all.
NANCE HAXTON: Is this report a whitewash, because of course the Flood Commission of Inquiry found that Wivenhoe Dam was mismanaged. How could these results vary so widely?
MARK MCARDLE: Well put it this way - people are entitled to their opinion. We asked a totally independent body to make a thorough assessment of the flood event report. The US Army Corps of Engineers are totally independent. They did their own assessment with their own documentation and came to their own conclusions.
I don't think you could argue that the corps is a non-independent body. They are totally independent and made their own assessment and made their own approaches to come to their own determinations.
NANCE HAXTON: But were the terms of reference of this review so limited that they couldn't actually find them?
MARK MCARDLE: This is what worries me too, because you see these terms were available for comment for something like 60-odd days, and I never received any complaints regarding the terms of reference.
The report came back stating what it has stated.
NANCE HAXTON: Ipswich Councillor Paul Tully lost his home in the floods - it was one of around 600 that were washed away in his suburb of Goodna alone. He says the review provides little comfort to flood victims.
PAUL TULLY: Yesterday's report has come as a real surprise to people. They're now very confused because we had the original commission of inquiry which found that the dam had not been operated in accordance with the manual and now there's a suggestion of, you know, by the American army engineers that they're congratulating the Wivenhoe Dam engineers for how they performed last year.
So there is now genuine confusion in the community.
NANCE HAXTON: And what does that mean people who are considering becoming part of the class action to try and get compensation for their losses as well?
PAUL TULLY: The suggestion is that the terms of reference for the American army engineers were very narrow. They weren't asked to comment at all on the actual operation of the dam or the performance as against the dam operating manual, so they were limited in their terms of reference.
So the suggestion is that now that the Government has accepted that report it would seem that the only way forward is a class action and it seems the matter will be heard before a judge in the Supreme Court.
This could now drag on for years, and could possibly even end up in the High Court of Australia as Australia's largest potential class action.
NANCE HAXTON: Law firm Maurice Blackburn partner Rod Hodgson says the review findings don't affect its class action seeking compensation in the courts for more than 3,000 victims.
ROD HODGSON: It's a government review and the Government has sought that review for its own purposes, and therefore characterising it as independent would be a bit of a stretch.
NANCE HAXTON: The review found that the operator of Brisbane's two dams acted reasonably during last year's damaging floods. Do you think that that would weaken the class action at all?
ROD HODGSON: No we don't. Those will be matters that are tested in court. We are very confident as to a number of matters. The first thing we're confident about is that the findings of the commission of inquiry, that the dam was not operated in accordance with proper procedure, is correct and we're also confident that the poor operation of the dam made a significant difference to flood levels downstream of Wivenhoe.
NANCE HAXTON: He hopes to take the class action to court by the end of the year.
ELEANOR HALL: Nance Haxton in Brisbane.
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25.9.12
