A FISHERMAN has lost his bid in court to argue for compensation for loss of income resulting from fish kill and disease in the Gladstone Harbour.

Trevor Falzon submitted an application in the Planning and Environment Court earlier this year to have his claim for compensation heard.

Mr Falzon and many other fishermen in Gladstone argue they have lost substantial amounts of income and business because major developments in the harbour have polluted the water and tainted the marine life.

In the Planning and Environment Court in Brisbane this morning, Judge David Searle struck out Mr Falzon's application and ordered he pay some costs, yet to be finalised.

Outside court, Mr Falzon's lawyer, Rebecca Jancauskas from Shine Lawyers, said the decision was based on a legal technicality surrounding the definition of "commercial fishermen".

Mr Falzon's legal team is weighing up whether to address the technicality and resubmit their application to the Planning and Environment Court or seek mediation.

Ms Jancauskas said the main purpose of the action was to get the State Government and the Ports Corporation around the discussion table.

"And we reiterate that invitation," she said.

"We vow to fight and seek justice for the fishermen."

Mr Falzon said the development of the harbour had led to major fish kills.

"My business, which is worth over $1 million, has gone down the gurgler," he said outside of court on Thursday morning.



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