PORT PHILLIP CONSERVATION COUNCIL INC. Telephone +61359871583, +61429176725                           12 Burton Street, DROMANA VIC 3936 Facsimile 0395891680 warfej@bigpond.com A0020093K Victoria  www.vicnet.net.au/~phillip ABN 46 291 176 191                                                                                                         3rd August 2006

The Hon Steve Bracks Premier of Victoria 1 Treasury Place EAST MELBOURNE VIC 3002 Dear Mr Bracks, Re: Referendum advocated on present Channel Deepening Project for Port Phillip Bay Thank you for your reply of 14th July 2006 to our Vice-President’s letter of March 2006 on the above issue. Your reply re-iterates points about the present legislative provisions for referendums in Victoria that you made in a preceding letter, which matters of fact are not denied by PPCC Inc, but you have not answered at all the central matter that PPCC Inc. raised with you in September 2005 - that the present Channel Deepening proposal is so strongly disputed by both proponents and opponents, who each consider that vital public issues are at stake, that it should not proceed unless the claimed public support for it has been tested at a referendum. We are well aware, as you have told us twice in writing, that there is no legislation in Victoria yet to provide for such a referendum. We are asking the Government, which has the rare advantage of a majority in both houses of Parliament, to introduce such legislation, which could be for this project alone, or be more general, as a major democratic reform initiative for which your Government would be widely and long respected. Referendums in other Australian States: The democratic measure of the referendum is provided for by specific Referendum Acts in Queensland and Western Australia, is available to override Legislative Council opposition in NSW, is used in SA, New Zealand, Canada, and even the UK now, and in 24 US states, 10 of which are more populous than Victoria. Recent uses include daylight saving and use of recycled water in Queensland, and shop trading hours in Western Australia. Earlier, Tasmania sensibly helped resolve the vexing problem of determining the strength of public support for hydro-electric dams in that State. That public verdict has endured. Referendum on Widening Panama Canal: In a public issue of the same nature as our Channel Deepening Project, the Panamanian Congress has formally approved a plan to widen the Panama Canal. There is however an important proviso – that the project is subject to a binding referendum to be held later this year. It is impressive that the citizens of Panama, who will pay in many ways for the project, are to be given the final say. In stark contrast, your Government plans to enact legislation - the Channel Deepening Facilitation Bill - that will go so far as to alter the Victorian Constitution to smooth the way for the implementation of the Channel Deepening Project, and to reduce the rights of the citizens of Victoria to have input and receive natural justice.  The citizens of Victoria should be able to expect at the very least the same civil and human rights by way of empowerment by referendum from your Government that the citizens of other Australian States, many US states, and even the citizens of Panama, receive from their governments. We trust that you would agree. Port Phillip Conservation Council Inc. therefore asks that you review your plans for legislative change relating to the Channel Deepening Project and, rather than introducing legislation to reduce the rights of your constituents, you instead introduce legislation to require that a binding referendum is held to resolve the future of the strongly-disputed Channel Deepening Project, preferably in conjunction with the forthcoming State elections. Yours sincerely, Len Warfe President c.c.       The Hon John Thwaites, Minister for Environment             The Hon John Brumby, Treasurer             The Hon Peter Batchelor, Minister for Ports             The Hon Rob Hulls, Attorney-General and Minister for Planning