Geography is tricky for non-locals. Maybe that’s why Environment Minister Peter Garrett last week mixed up Westernport and Port Phillip Bays in a press release on Victoria’s channel deepening project, and his legal counsel mistook a fish for a bird.

Employment figures, on the other hand, are less confusing. It now appears that the same press release also exaggerated the employment that the project would generate — from 13,750 to 80,000. A “correcting” press release was issued on the 8th of January.

When researchers for the Blue Wedges Coalition contacted the Minister’s office for the “Statement of Reasons” for the decision to proceed with the project, they were told it was “being developed”. The story changed suddenly when it was pointed out that the decision should be based on, ahem, reasons.

The Blue Wedges Coalition has standing to challenge this decision in the Federal Court on the basis that the PoMC did not adequately describe the project. Counsel for Mr. Garrett, Peter Hanks, argued that amendments to the EPBC Act in 2006 allowed the project to change in scale, location and activities, but still be the same project. We may as well call it a pulp mill.

Meanwhile, the Greyling is a rare fish whose stronghold is the catchment of the Yarra River from which it annually migrates to the sea. This fish not only survives in the wild but remained on the EPBC endangered list after dozens of other species had their status downgraded in a Howard Government “review”.

Originally the dredging program was scheduled for winter to avoid the Greyling migration, but the PoMC rescheduled the dredging in the Lower Yarra for summer. Its suggested remedy was to provide $300,000 for “research”, a remedy that Garrett’s advisors agreed to. This in itself is a brand new interpretation of the EPBC Act — pay and destroy.

At Federal Court on 10 January, Counsel for Mr. Garrett stated that the Greyling was a bird to much derisive laughter. The Act clearly lists species as birds, fish, mammals and so on, but apparently no-one, not Mr Hanks or his advisors, consulted the Act.

Counsel also could not recall what Ramsar stood for. He had to be informed that it was not an acronym but the name of the town where the treaty to protect wetlands used by migratory birds was signed.

As the project stands now, the high tide will take the toxic plume around the Melbourne Central business District past Toorak and onto Collingwood, and perhaps the political tide may take it onto Canberra.

Brave decision Minister, very brave. It will be very interesting to see how the Federal Court responds.