ABSTRACT
All lungfish must breathe air to survive, but the Queensland lungfish is further unique in that it can rely on its gills solely when at rest in aerated water. It remains the only existing member of an extensive array of lungfish species in Australia dating as far back as the Triassic, Cretaceous and Tertiary periods. The problem is that the preferred breeding habitats of the lungfish are disappearing due to structures like the Paradise Dam. David Attenborough once described the Queensland lungfish as a 'remarkable, ancient and extraordinary fish'. A Queensland lungfish who resides on the Burnett River either above and/or below Paradise Dam and whose use of the river and ability to traverse upriver and downriver, including for breeding purposes, has been affected and obstructed by the construction and ongoing operation of the Paradise Dam. Obviously, pecuniary damages for the individual lungfish are not adequate or applicable and thus more creative types of restitution need be entertained and engaged.
