Tag: Australia Adani

Traditional owners fight on: appeal Carmichael mine verdict

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Traditional Owners fight on: appeal Carmichael mine Federal Court decision
Brisbane, Australia. An appeal to the full bench of the Federal Court of Australia was filed today by senior Traditional Owner and spokesperson for the Wangan and Jagalingou (W&J) family council, Mr Adrian Burragubba, challenging a decision of Justice Reeves in relation to the Queensland government’s issuing of mining leases for Adani’s Carmichael coal mine, handed down on 19th August 2016.
Further background to the case can be found below.
Mr Burragubba said: “We said ‘no means no’ and so we will continue to resist this damaging coal mine that will tear the heart out of our Country. The stakes are huge. In the spirit of our ancestors, we will continue to fight for justice until the project falls over.
“The decision of the Native Title Tribunal in April 2015 to allow the issuing of the mining leases by the Queensland government took away our right to free, prior and informed consent. It effectively allowed the government to override the decision that we made nearly two years ago to reject Adani’s ‘deal’,” Mr Burragubba said.
The appeal, being run by Sydney Senior Counsel Craig James Leggatt SC and other barristers working pro bono, will make two arguments: that the matters Mr Burragubba put before the National Native Title Tribunal should have been taken into account by the Tribunal member when granting the Future Act mining rights to Adani and that Justice Reeves should have found that Adani was misleading before the Tribunal.
The appeal will proceed alongside a challenge brought by Mr Burragubba and other W&J Traditional Owners in the Qld Supreme Court against the mining leases that have been issued by Queensland Minister for Mines, the Hon Dr Andrew Lynham and the Queensland government for the Carmichael mine. That case will be heard by the Qld Supreme Court in November 2016. Further legal actions are also underway in relation to Native Title matters.
Mr Burragubba said: “This is our fight as Traditional Owners and cultural custodians. We will not be talked down to by industry or government and their lackeys, and we will challenge any decision that threatens our life, culture and traditions and the social, cultural and economic structures of our group,” said Mr Burragubba.
“This is about our ancient connection to the place of our ancestors. It is a defense of our lands and waters, plants and animals against the destruction wrought by coal mining, and a demand to have our rights as the Traditional Owners respected and our voices heard.
“We are Traditional Owners who assert our right to self-determination and a future without dependency on mining. We have determined to oppose the Carmichael Mine, and to use all appropriate means to stop the destruction of our Country and culture,” Mr Burragubba said
Lawyer for Mr Burragubba, Mr Benedict Coyne, said: “My client has reviewed Justice Reeves’ reasons for the judgment, taken advice from his legal team and considered his options. Mr Burragubba brings this appeal on strong public interest grounds and in the context of other legal avenues he is pursuing for justice for his people, both domestically and internationally.
“The case raises very important issues for indigenous and non-indigenous Australians in the context of the native title system and Indigenous Peoples’ rights. There are important legal principles and principles of human rights and justice at stake,” Mr Coyne said.

Setback for Adani, GVK as ‘Land Lease’ quits Abbot Point project

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By Our Business Desk

Brisbane, Australia 26 February 2014: Indian coal giants in Australia Adani and GVK have suffered a setback after one of the world’s largest infrastructure developers, Lend Lease announced that it has pulled out of the highly contentious AP-X coal terminal at Abbot Point in Queensland, alongside Australia’s World Heritage Listed Great Barrier Reef.
This follows BHP Billiton’s decision in November last year to withdraw their proposal to build the Terminal 2 project at Abbot Point and surrender their development rights, ruling out greenfield coal infrastructure developments in a slumping coal market.
In 2012 Rio Tinto cited ‘economic uncertainty’ for shelving plans for its port development at Fitzroy Delta in Central Queensland.
This means the only companies still pursuing coal terminal developments at Abbot Point are Indian giants Adani (Terminal-Zero) and GVK (Terminal 1) in partnership with Hancock Coal Infrastructure. The health of their financial projects has been assessed as poor.
Greenpeace Australia Pacific Senior Campaigner Louise Matthiesson said, “Proponents of coal terminal expansion at Abbot Point are increasingly recognising the environmental, reputational, material and financial risks of developing these damaging projects, acknowledging there is no business case to proceed, and pulling out.
A 2013 report by the US Institute for Energy Economics and Financial Analysis (IEEFA) found that Adani’s Carmichael coalmine, rail and terminal project in Queensland is “uncommercial”. Similarly, another IEEFA report in 2013 examined GVK’s $10bn Alpha coalmine, rail and terminal project, finding it was “uneconomic” and a “quagmire not an investment”, and warning that “no investor should take part”.
When questioned during today’s (26 Feb., 2014) half yearly investor briefing, Lend Lease CEO Mr.Steve McCann confirmed that following an internal review Lend Lease has allowed their partnership with Aurizon on the project to lapse, and were “therefore no longer involved in the AP-X project at Abbot Point.”
Greenpeace has calculated that the AP-X development would require up to 13 million cubic metres of dredging in the Great Barrier Reef World Heritage Area, on top of the 3 million cubic metres of dredging already approved for the GVK and Adani projects. The Lend Lease-Aurizon partnership ‘North-Hub’ was shortlisted to develop the huge new coal terminal in April 2013 by the Queensland Government, a media release says.

The development of AP-X would require several million tonnes of seabed dredging and dumping in Reef waters. It would lead to thousands of additional ship movements each year, risking damage to the Reef, its coral and wildlife. The expansion of Abbot Point would enable the escalation of coal mining in the Galilee and Bowen Basins in central Queensland.

The Australian Youth Climate Coalition worked in pressuring Lend Lease to withdraw from the AP-X development due to its potential impacts on the world’s climate and the Great Barrier Reef.

- SAT News Service