Aug 25, 2017

Double blow for anti-Adani legal action

Double blow for anti-Adani legal action

Adani today welcomed two Federal Court rulings dismissing claims against the development of its Carmichael thermal coal project.

The Federal Court dismissed an appeal by Australian Conservation Foundation against an earlier ruling upholding the granting of an approval under the Environment Protection and Biodiversity Act.

In the second decision, the Federal Court dismissed an appeal Adrian Burragubba against an earlier Federal Court ruling that supported legal processes used by the National Native Title Tribunal.

Mr Burragubba was also involved in an action dismissed earlier this week by the Queensland Court of Appeal relating to the granting of a mining lease covering the Carmichael resource.

“This is the third time this week that these parties have failed in their appeals against earlier court dismissals,” Adani Australia chief executive officer and head of country Jeyakumar Janakaraj said.

“Each of these appeals simply tried to delay a project that will create 10,000 direct and indirect jobs, including a minimum 7.5 per cent of jobs going to Traditional Land Owners covering the planned rail route of almost 400km long strip from Abbot Point to central western Queensland.”

The Environmental Defenders Office, on behalf of ACF, had argued that the approval of the mine was contrary to obligations to consider the climate change impacts of the mine on the Great Barrier Reef under the Federal Environment Protection and Biodiverstiy Conservation Act 1999.

In a letter to supporters, chief executive officer Jo Bragg said; “today is a disappointing day for people concerned about the Great Barrier Reef and the impacts of this mine, including the 4.7 billion tonnes of carbon pollution that would result from the burning of its coal. But it is not the end.”

Queensland Resources Council (QRC) chief executive Ian Macfarlane called on the state and federal governments to fix the mechanisms that enabled green activists to ‘disrupt and delay’ resources projects through a merry-go-round of litigation..

“It’s time these extreme tactics of environmental activists are exposed and their misrepresentation of the truth should not prevent the economic development in Queensland,” he said.

“Sadly, the behaviour of these groups suggests they are more interested in grandstanding to raise funds from the public than they are in delivering real environmental outcomes on the ground.”

Adani has indicated it will be seeking costs in all actions this week.