Adani : Carmichael Coal Mine : Federal Court set aside government approval

A reply to a letter sent to Greg Hunt, Minister for the Environment :

Thank you for your email concerning the Carmichael Coal Mine in Queensland.

The Australian Government is committed to protecting the environment, including the Great Barrier Reef and addressing climate change.

Over the next decade, more than $2 billion will be invested in improving the health of the Reef. We have also implemented a new shipping plan to provide additional protection for the Reef.

When the Coalition was elected, the Reef was under threat of being listed as in-danger by the World Heritage Committee. After significant new funding investments and policy changes to ban capital dredge disposal, the Committee has held Australia up as a global role model in the management of the Reef and our Reef 2050 Long Term Sustainability Plan.

We are also committed to addressing climate change and are well on track to achieve our emissions reduction target by 2020 and have set a target of a 26-28 per cent reduction by 2030 based on 2005 emissions. This is a strong and credible target and will see Australia make one of the most significant contributions per capita with emissions reducing by at least 50 per cent.

In regards to the Carmichael Coal Mine and Rail Project, the Federal Court recently, with consent of all parties, formally set aside the approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This related to a technical, administrative matter and, to remove doubt, the Department advised that the decision should be reconsidered.

The decision was taken after a thorough environmental impact assessment process occurring over several years. The assessment looked at impacts on all relevant nationally protected matters, including the ornamental snake and yakka skink and included strict conditions to protect these two species. Another key species for which there were robust protections put in place is the black-throated finch, with approximately 31,000 hectares required to be protected. The project approval also included world-class environmental conditions for the protection of water, including a requirement for the return of at least 730 mega-litres of water per year for ten years to the Great Artesian Basin.

We will now be reconsidering the approval decision on the project. While we appreciate you may not support this project, the Government is required to assess these projects under environmental law without fear or favour in accordance with our strict national environmental laws.

Thank you for writing on this matter.

Yours sincerely

Deb Callister

Assistant Secretary

Assessments (Qld, Tas, Vic) & Policy Implementation Branch

Environment Standards Division

Department of the Environment

Updating and reposting: Australian Mining Company wants to mine in the Lower Zambezi National Park in Zambia, Southern Africa

Update - 3 July 2015

Lower Zamezi National Park 

Still awaiting the High Court's decision. 

http://savethelowerzambezi.blogspot.com.au/2015/07/still-waiting-zambezi-resources-in.html?view=magazine 

Posted by No Mining in Lower Zambezi National Park on Thursday, 2 July 2015

Court Update - retrieved from the company's website - 3/07/15

Court Update:

As announced on the 19th February 2015, the hearing of the appeal lodged by certain Zambian conservation groups (“Appellants”) against a decision of the Minister of Lands, Natural Resources and Environment Protection on 17 January 2014 to allow the Company to develop its 100% owned Kangaluwi Copper Project in the Lower Zambezi National Park, Zambia which was heard on 18 February 2015 has at last been finalized.

The matter had originally been listed for final hearing on 4 February 2015 but an adjournment was granted by the Appeal Judge at the request of the Appellants who were not ready to proceed on that date.  The Judge then ordered all parties to provide final consolidated submissions within seven (7) days with the final hearing to take place on 18 February 2015 (see ASX Announcement dated 5 February 2015).  This has now occurred.

The appeal has therefore been concluded and the Appeal Judge has listed the matter on 28 April 2015 for Judgment.  The decision on the appeal to be handed down on 28 April 2015 will also deal with the stay of execution which remains in place pending the outcome of the appeal.  

As announced on the 29th April 2015, the decision on the appeal has been delayed.  The explanation given for the delay was that the Appeal Judge had not yet completed his written judgement on the appeal.  There is nothing further any of the parties to the appeal can do other than await the decision of the Appeal Judge.

~~~~

My memories of the mighty Zambezi are simple.  

In 1985, following the UN Women's Forum in Nairobi, Kenya, 

I took a few days to visit Victoria Falls in Zimbabwe.  

During my stay, I walked across the bridge built by Cecil Rhodes 

across the Zambezi  

between what is, these days, Zambia and Zimbabwe.  

In Zambia, I found a quiet corner of the Zambezi. 

I sat down and put my feet in its waters

 and transported myself back in time 

to schoolgirl social studies lessons about the Zambezi.

This morning I read of this - mining in a national park, a national park of world significance.  As I read this, I am mindful of what the Liberal and National Parties are doing in relation to intrusive activities in national parks in Australia.  Full-scale mining is not yet allowed.  However, the thin edge of the wedge has begun with the Victorian government allowing prospecting in Victorian national parks. 

Australia has a proud record with regard to national parks.  Our history closely follows on the heels of the first national parks in the USA. But, it seems, none of this matters a fig to political parties in Australia - except to some minor players such as The Greens.  There is a continual battle to keep uranium mining out of the much-prized Kakadu.  The Mirrar people have fought valiantly to keep uranium mining at bay and the fight continues to this day.

There is the amazing story of Djok Senior Traditional Owner Jeffrey Lee who could have enriched himself with his land entitlement but who gave the land to be incorporated into Kakadu to keep it safe from uranium mining. 

It appears that the fight to keep the national parks of Australia out of the clutches of miners will never be over.

All this needs to be borne in mind - particularly when Australian mining companies are doing business internationally.  Let me say it bluntly, governments need to be very wary - if not downright hostile - to Australian companies seeking to mine in their nations.  Their track record is poor - even from our biggest and brightest, BHP Billiton and Rio Tinto.

These major corporations cannot be trusted from A to B - let alone right through to Z.  And these are Australia's major mining corporations.  They attract significant talent and investment to their businesses.  If they prove careless and untrustworthy, how much more should lesser corporations be regarded?  How much red carpet should be rolled out for them? 

When mining corporations have denuded the natural heritage of a nation following the dreams of dollars of struggling economies, are the clean-ups and the litigation and the court cases really worth it?

Further reading
Ok Tedi environmental disaster - Wikipedia, the free encyclopedia
Bougainville Copper - Wikipedia, the free encyclopedia
Denying Accountability? Australia’s International Mining Shame by Jane Andrew
Oxfam - Mining
Mining: when will the scandals stop?
El Salvador suffers Australia's maleficent miners

Postscript

Lest people are tempted to accuse the writer of this post of being anti-mining. I am not.  I am currently living in my third Australian mining town.  I love each of these three towns dearly and they have been a formative part of my life.  

However, I have lived around mining companies long enough to understand their secrecy; to understand the cabal of support they attract from governments, civic and business leaders.  I know that if there is a choice between corporate interests and community interests, the corporate interest will be paramount.  

I believe in mining.  It has been part of the human condition for millenia.  Mining, in my view, is a part of the human condition and enterprise.

I believe that communities must be watchful in their own interest in regard to mining activities in their areas - particularly environmentally with regard to water and pollution of soil, air, and water.  

I believe that communities need to safeguard their health and not take the company word as the be all and end all of the story.  

I believe that communities have to demand more from their governments so that political leaders are not resorting to closed door deals, nods and winks with mining corporations.  

I believe that, in the end, human communities are more important than governments and corporations.  Their well-being must prevail.

Environmental protection is only as good as the environmental laws supposedly providing protection. Tell Tony to stiffen them!

This week, the Federal Government announced it will amend our national environmental law so new major coal and coal seam gas projects that will impact water resources will require federal approval.

A step in the right direction to protect communities & the environment from unchecked mining & gas development! Even this first, hard fought step will only be effective if approval powers stay in federal hands.  

Thanks to thousands of people like you taking action last year, the Federal Government halted its plan to hand environmental approval powers to the states – this is our opportunity to call on the government to remove this threat once and for all.

We have a very small window of time, Environment Minister Tony Burke must hear from us now. People all across the country have called for the protection of our water resources, natural heritage and wildlife, and the government is starting to listen. 

Big business is pushing back against these gains and our politicians need to hear from us that we need stronger not weaker environmental laws to protect our forests, reefs, wildlife and water resources.

We need you help today! Please email Environment Minister Tony Burke and ask him to make sure the power to protect the places and wildlife we love stays firmly in the hands of the Federal Government.

Be sure to visit the webpage on Monday to see the major ad we’re running in support of the Places We Love! 

Thanks so much for all you do,

The Places You Love Campaign