Hampton Irrigators win court action against council

THE water is again flowing after Hampton Irrigators had a win in the Supreme Court against the Toowoomba Regional Council which had turned off their water supply.

The Hampton Irrigators had a win in the Supreme Court.

THE taps have been turned back on after the Hampton Irrigators Pty Ltd had a win against the Toowoomba Regional Council in the Supreme Court.

The Hampton Irrigators (HI) had relied on water from the Kleinton Bore for 15 years dating back to the days of the Crows Nest Council.

However, TRC turned off the water supply to the growers, claiming the water was contaminated with a high level of radionuclides.

It had been agreed between the parties that "the science" would determine the outcome and, on recommendation of TRC, HI in July last year retained an independent expert, Dr Ross Kleinschmidt, a former consultant to TRC, to analyse the water quality.

Dr Kleinschmidt found that the water was "potable", that is, fit for human consumption under the Australian Drinking Water Guidelines protocols.

However, TRC maintained its stance and kept the taps turned off to the irrigators.

The Hampton Irrigators found themselves with no option but to take TRC to the Supreme Court which it did this week represented by Toowoomba legal firm Creevey Russell Lawyers in Brisbane before Justice Glen Martin.

At the hearing, TRC through its Brisbane-based legal representatives Clayton Utz made a number of concessions including that the Water Supply Agreement remained binding on the parties to it and that the water supply be restored to the Hampton Irrigators.

On the question of whether the water from the Kleinton Bore used by the irrigators was suitable for human consumption, Justice Martin reserved his decision.

Costs were awarded against TRC.

Originally published as Hampton Irrigators win court action against council