Lismore activist Al Oshlack has forced Rous Water to halt the process of tendering for the construction of 12 dosing plants after yesterday filing a challenge against the organisation’s fluoridation plans in the Supreme Court.
And he has said that if this appeal fails he will demand a hearing in front of the full court.
In May, Justice Pepper of the Land and Environment Court found against Mr Oshlack on Rous Water’s appeal and awarded costs against him.
In doing so, she reversed a previous decision in favour of Mr Oshlack by Judge Biscoe.
A spokesman for the Ballina Fluoridation Free Network (BFFN) told Echonetdaily earlier this month that the most recent judgment was on the basis of a letter from Oral Health NSW, which was ‘the original point of contention’.
‘On legal advice Oshlack is appealing the Pepper judgment as legally flawed on several counts,’ the BFFN spokesperson Ilga Sleja said.
He said no environmental impact study had ever been performed. A World Health Organisation statement that a community’s total intake of fluorides from all sources should be ascertained before starting fluoridation had also been ignored, he added.
Rous Water chairman Phil Silver said he hoped the state government would help out with costs for the latest challenge.
‘Rous Water isn’t in the dental health business; we’re just trying to comply with a direction under the Fluoride Act,’ he said.
Of the three shires comprising Rous Water (Byron, Ballina and Lismore) Byron has decided to go it alone and continue to supply unfluoridated water.