A David versus Goliath battle will take place in NSW’s Land and Environment Court between June 20-24, and June 29-30, 2011. The future of water fluoridation is at stake.
A courageous Mr Al Oshlack is legally challenging Rous Water and Ballina Council who were intending to expand water fluoridation on the north coast.
At a preliminary hearing on March 14, 2011, the Sydney legal team representing Rous Water and Ballina Council attempted to have Mr Oshlack’s challenge thrown out. However, this backfired when Justice Biscoe of the L & E Court threw out the appeal on April 28, ruling that the Fluoridation Act of 1957 must be considered in conjunction with other Acts. It was previously assumed to stand alone and could not be challenged.
Since Justice Biscoe’s ruling, it is beholden on councils intending to fluoridate to comply with the provisions of ss 111 and 112 of the Environmental Protection Act with respect to impacts on human health and the environment. These considerations were ignored in the past.
The outcome of Mr Oshlack’s challenge will be closely watched by several NSW councils, including our own Port Macquarie Hastings Council and nearby Kempsey Council.
A win for Mr Oshlack could mean the eventual dismantling of water fluoridation across Australia. This process appears to be well underway in Canada where Calgary (1.1 million) is the most recent city to throw out water fluoridation.
To date, citizens across Australia have contributed around fifteen thousand dollars to assist Mr Oshlack’s legal challenge. However more donations are needed.
Cheques made out to The Ballina Fluoridation Free Network Inc can be mailed to: The Secretary, 1 Sunnybank Drive, Ballina, NSW 2478, or funds sent electronically (BSB: 802 222; A/C: 75364).
John Lusk,
Dunbogan
