Showing posts with label Galilee Basin. Show all posts
Showing posts with label Galilee Basin. Show all posts

Thursday, 24 December 2015

Indigenous activism, Adani's Carmichael mine, and the High Court of Australia









Please note: 
The Galilee Basin Alliance does not have a website. 
From time to time, emails from the GBA are 
published on this site.



23 Dec (1 day ago)Galilee Basin Alliance


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Indigenous activist holds out against Carmichael mine

  • THE AUSTRALIAN
  • DECEMBER 23, 2015 12:00AM
Aboriginal activist Adrian Burragubba, who lost the support of his indigenous clan to fight Adani’s $16 billion Carmichael mine, is now single-handedly delaying the final approval for the project.

Just weeks after Mr Burragubba faced a revolt by fellow native title claimants of the Wangan and Jagalingou people over his federal court challenge, the Queensland government yesterday declared it was unable to issue mining leases or environmental authority until the case was finalised.

The appeal by Mr Burragubba, who has been financially backed by green groups, was this month described by the presiding Federal Court judge as “shambolic’’ and is being pursued while his own clan neg
otiates a land use agreement with Adani.

India’s energy giant, which is entering its sixth year in the approval process, was yesterday given the go-ahead by the federal government — with 29 strict conditions — for the planned expansion of the Abbot Point port to export up to 60,000 million tonnes of coal a year.

The approval follows last week’s decision in the Land Court of Queensland to dismiss green groups’ objection to the project.

The Land Court decision cleared the way for final state environmental authority to be given within 30 days, and for the Queensland government to issue the mining leases on the project, which has faced a co-ordinated strategy by various legal groups to frustrate Adani in legal fights and force it to abandon the mine.

A spokeswoman for the state Minister for State Development, Natural Resources and Mines, Anthony Lynham, last night said he could not issue the mining lease for Australia’s largest proposed coal mine until Mr Burragubba’s case was resolved.

The case, which has been adjourned for further hearing in February, challenges a decision of the National Native Title Tribunal to allow the granting of a mining lease on the claimed traditional land of the clan, who this month voted to support Adani.

Mr Burragubba, who yesterday did not returns calls, this month told he was willing to take his fight to the High Court.

Dr Lynham’s office said it was forced to wait for the case to be resolved.

“Native title issues must be resolved and an environmental authority issued before the minister can consider the grant of any mining lease,’’ the spokeswoman said.

Within hours of federal Environment Minister Greg Hunt approving the port expansion, with strict conditions, green groups began fund-raising for a new court challenge.

Mr Hunt said the approved dredging had been reduced by 97 per cent from the original dredging proposal. All dredge material would be placed onshore on existing industrial land.

“The port area is at least 20km from any coral reef and no coral reef will be impacted,’’ Mr Hunt said.

Adani welcomed the approval and said it had willingly supported the move to an onshore disposal of dredged material last year when a site not previously available became a viable option for proximate, well managed disposal of dredged material.

“This is the third time a wellmanaged, strictly regulated, science and evidence-based expansion approval has been the subject of a state and federal government approval process since 2010,’’ a company spokesman said.

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COURIER MAIL 2/12/2015

Miner prepares for Abbot Point legal challengesADANI has received Federal Government approval for its $1 billion Abbot Point coal port expansion but is already preparing for legal challenges.

A week after winning a key legal challenge to its Carmichael coal mine in the Land Court, the approval granted by Federal Environment Minister Greg Hunt forAbbot Point was the final hurdle under the EPBC Act for the $US7.5 billion ($10.4 billion) first stage of the rail, port and mine project.

But activist group GetUp! has started a fundraising campaign to finance court action while a host of green groups voiced outrage over effects on the Great Barrier Reef.

The latest approval is also being challenged by the Australian Conservation Foundation in the Federal Court.

The State Government has also put its own demands on the project saying no dredging would be allowed until Adani reached “financial closure” on the project. It also said dredging would not start until its wholly owned North Queensland Bulk Ports had money in the bank. But credit rating agency Moody’s has warned investors that Adani Ports, which holds the 99-year lease on Abbot Point, was facing financial questions, with existing customers hit by the mining downturn.

While Adani faces a tough battle to fund the project, Premier Annastacia Palaszczuk ruled out any financial aid, saying it was a private company and must obtain finance independently.

“There will be no taxpayers’ money going towards this project,” she said.

She also said there would be jobs for regional Queensland and safeguards to protect the Reef, with the Federal Government approval containing 30 conditions.

State Development Minister Anthony Lynham said the approval by Mr Hunt found there would be no significant residual effects on the Reef.

“All dredge material will be placed onshore on existing industrial land. No dredge material will be placed in the World Heritage Area or the Caley Valley Wetlands,” the Federal Government said.

Adani welcomed the approval and said it was key to its plans to deliver 10,000 direct and indirect jobs and $22 billion in taxes and royalties to Queensland, claims disputed by activists.

Deputy Opposition Leader John-Paul Langbroek accused Ms Palaszczuk of “walking both sides of the street” by welcoming the approval but ruling out government support. He urged her to resurrect LNP government plans to help shore up the mine, including ensuring vital infrastructure would be built.

Greenpeace said dredging 61ha of marine habitat was irresponsible enough, “but doing it for a dirty big coal mine that would only worsen greenhouse pollution that is already endangering the Reef is simply negligent”.

Galilee Basin Alliance

08:36 (6 hours ago)
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Adrian Burragubba right of reply to The Australian 'Indigenous activist holds out against Carmichael mine'



The Australian newspaper has run another one of its distorted stories today - but they are right about this... Adrian Burragubba is standing in the Federal court fighting to stop Adani's Carmichael mine. And it is good that they report Minister Lynham saying he cannot issue the mining lease 'for Australia’s largest proposed coal mine until Mr Burragubba’s case was resolved'.
But as usual, The Australian is wilfully ignorant of the facts - Adrian Burragubba hasn't lost the support of his clan; no, there isn't a revolt of the native title claimants, just a handful of pro-Adani insiders; no, there is no decision by Wangan and Jagalingou claimants to overturn their opposition to Adani's mine; and no, green groups are not funding Adrian's legal challenge - and it is not 'shambolic', it is ground breaking. 


Tuesday, 1 December 2015

Galilee Basin Alliance demand the right to say 'NO' to mining


Galilee Basin Alliance

23:17 (8 hours ago)
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Media Release:  
Monday, 30 November 2015

GALILEE BASIN DEMANDS THE RIGHT TO SAY ‘NO’ TO MINING

Farmers and landholders in Central Western Queensland are calling on Federal Energy Minister Josh Frydenberg and state ministers to give them the right to say ‘no’ to mining at the next meeting of the COAG Energy Council on Friday 4th December.

Minister Frydenberg said he'd put mining and land access on the agenda at the meeting.

Denice Campbell from the Galilee Basin Alliance said it was vital this meeting delivers tangible action and gives farmers, landholders and Traditional Owners the power to refuse mining companies access.




“While mining companies ultimately have the right to access someone else’s land and do to it what they will, usually without any consideration for the agricultural industry that is already in place, there will never be justice for ordinary people going about their businesses in this country. This applies equally to Traditional Owners.  It is wrong, ordinary people know it is wrong, politicians know it is wrong; they have said so in public forums.  Yet nothing continues to be done because the mining companies have powerful allies in all political arenas.  This corrupted process needs to end now or there will be huge costs to be faced in the future not unlike the stories and consequences of the “stolen generation”. 


“It is time for the buck-passing and bullying to end, and for our governments to legislate to give all landholders and communities a veto over mining that threatens our land, our water and way of life.

“Individuals and communities across Australia have experienced severe distress due to the laws being weighted so heavily in favor of multi-national mining corporations that they can legally force access to land without consent.



“All governments across Australia need to act now to end this special treatment for mining giants and to give us the basic right to a fair go and a real say over whether miners are allowed access”



“The bullying and harassment of landholders and Traditional Owners by mining corporations needs to end now. Governments need to prevent any further harm to rural and regional families“   Ms Campbell said.


We are asking that all governments:


  • Reach an agreement at COAG to legislate the legal right for landholders and Traditional Owners to say ‘no’ to access by coal and unconventional gas mining companies.
  • Provide state and territory governments six months to deliver legislative changes to that effect, and if they are not forthcoming, create national legislation using relevant powers.
  • Immediately commission an inquiry by the ACCC, using powers it already has, to investigate whether the unconventional gas industry have engaged in unconscionable conduct in their dealings with landholders.


Inquiry on Landholders' Right to Refuse gas and coal Bill

The private senator’s bill proposed to make gas or coal mining activities undertaken without prior written authorisation from landholders unlawful and would ban constitutional corporations from engaging in hydraulic fracturing operations (fracking) for coal seam gas, shale gas and tight gas.


In addition to the 95 submissions listed below


the committee received by email approximately 350 short statements and form letters in support of the bill or that discussed matters beyond the scope of this inquiry. The committee decided not to publish on its website every email and form letter it received. An example of each type of form letter has been published.

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Scorecard: Planning bills not up to scratch

November 13, 2015
A new scorecard for Queensland reveals proposed new planning laws would be worse for the Queensland community and the environment than the planning laws in place under the Bligh government in 2012.
The scorecard, prepared by Environmental Defenders Office Qld (EDO Qld) and Queensland Conservation Council (QCC), comes after Deputy Premier and Minister for Planning Jackie Trad tabled the Government’s Planning Bill 2015and two related bills in Queensland Parliament late Thursday.
The LNP Opposition also has draft planning laws that will be up for consideration by parliament at the same time as the Government’s planning bills[1].
EDO Qld solicitor Revel Pointon said the scorecard was designed to help the community make sense of complex planning laws and revealed Queenslanders were not getting the first-class planning framework they deserved.
“We compared both the Government and the Opposition bills to see how they compared to planning laws in place under the Bligh and Newman governments.
“The QCC/EDO Qld scorecard assessed all the planning laws against four key indicators: protection of nature; support for community participation in planning; promotion of accountability and transparency; and whether they provide certainty to the community.
“The scorecard findings reveal the Opposition planning bills would be the worst outcome for Queensland, but disappointingly the current Government’s proposed laws are not much better.
“There are serious accountability and transparency shortfalls in both the Government’s and the Opposition’s proposed new planning and development assessment laws, mainly due to too much flexibility surrounding decision-making that tends to favour developers interests over the community.
“The current Government is clearly better on community involvement in planning and development assessment, in particular proposing to restore rules in the Planning and Environment Court that will protect the community from the threat of massive costs.
“However, the Government’s bills are only marginally ahead of the Opposition Bills on the other three measures.
“We are particularly concerned the government has decided to continue with its single assessment system – SARA – which weakens the role of specialist departments such Department of Environment and Heritage Protection.
“If the Deputy Premier wants planning based on the best science, we need our specialist departments to have a strong decision making role in planning and assessment decisions.
“We need strong, clear planning legislation to protect the environment for the future and to protect the community’s right to have their say on development that affects the places that matter to them,” said QCC planning spokesperson Karen Robinson.
“However both sets of planning laws will further entrench the presumption of development approval by weakening controls on code assessable applications.
“They also reduce the community’s rights to oppose development that does not comply with local plans and planning schemes,” Ms Robinson said.
“We are already seeing rising discontent in the community, particularly in south-east Queensland, as people wake up to find 15 and 20 storey apartment buildings approved where plans allowed just 6 and 12 storey.
“At the same time, scarce parkland and important koala habitat is being removed from protected zones and made available for development.
“People tell us they believe the planning system is broken, yet if the community is hoping any of the proposed new planning laws will fix this they are going to be seriously disappointed.”
[1] The Planning and Development (Planning for Prosperity) Bill 2015 (and two associated bills) were tabled in June as Private Members Bills by Shadow Treasurer Tim Nichols.



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Wednesday, 7 October 2015

Corridor to Coast - battling for the Galilee Basin

From the Galilee Basin Alliance:

John Burnett and other landholders found that railway routes were being designed to cross their land to take coal from the Galilee Basin to ports on the coast. They formed the Corridor to Coast group which endeavoured to get involved in the process to have some input based on local knowledge and a desire to achieve long term benefits for the State of Qld that would not only provide minimum impact for the local.

GBA note Corridor to Coast successfully worked with the The Mackay Conservation Group during their lobbying. Hear  John Burnett, at the 17th minute of the Property Rights Australia speech, link below.


About John Burnett
A member of another of Queensland’s bush dynasties, John Burnett, 60, has been at the forefront of the campaign against the loss of agricultural land to mining. His cattle station “Frankfield’’ – one of six prime grazing properties owned by the Burnett Group – will feel the impact of rail corridors transporting coal from mega-mines proposed in the in the Galilee Basin by Indian resources giants Adani and GVK, as well as Clive Palmer’s Waratah Coal. Sons Doug and Steve both manage properties. The family last year celebrated a 100-year connection to the base property – Bendemeer north of Clermont.

Harriet Jane Neville-Rolfe: Chinaman's garden, Frankfield 
1884 watercolour over pencil on wove paper on cardboard 15.3 x 22.8 cm
Gift of the artist's son in her memory 1964, Collection: Queensland Art Gallery

Friday, 2 October 2015

URGENT: Galilee Basin Mines impact on water : Statutory right to groundwater for mines proposed to commence!


Picture above from here 

URGENT MESSAGE FROM THE GALILEE BASIN ALLIANCE

Statutory right to groundwater for mines proposed to commence!

1 October 2015

What is proposed?

The loss of your public rights of appeal on underground water licences for mining companies. This amendment affects a significant amount of our underground water.
The proposed Alpha and Kevin’s Corner Coal Mines alone would involve taking an estimated 176GL, or 70,400 Olympic swimming pools worth of underground water over 30 years.
Currently mining companies have to apply to get a water licence, the application is publicly notified and then submitters (for example graziers or community groups concerned about water) have the right to appeal the decision on the water licence to the Land Court.[1]
These community rights would be lost if the proposed amendments are commenced. Our current Ministers want this removal of rights to go ahead!
We support the positive changes WROLAA introduces – including obligatory make good agreements (although with some improvements needed), cumulative impact management, adequate monitoring and reporting obligations – but let’s not lose community appeal rights with respect to water licences.

Why is this bad?
  • We need full public scrutiny of the impacts of major mines on groundwater. Removing water licence requirements seriously undermines that scrutiny. The decisions made by the Land Court in cases like Alpha Coal [2] and other Galilee Basin mines assume there will be later public scrutiny of an application for a water licence and the potentially major impacts on groundwater. And it’s simply unfair to change the rules when projects are part way through assessment and when citizens have made decisions as to whether to participate based on an existing array of rights.
  • Even for development applications for shopping centres, our legal system provides the community with submission and appeal rights to the Planning and Environment Court for independent merit assessment. Impacts to our precious groundwater by large scale mining activities deserve the same scrutiny against community concerns.
  • It’s contrary to Labour statements, as quote above. This State Government has further committed to open, accountable, transparent governance. This move is contrary to those commitments; silencing those concerned with impacts to groundwater in Queensland.
TAKE ACTION: 
Help save our groundwater resources!

1. Spread the word – share this news and why it is bad with your networks.
2. Speak to your local parliamentarian about this issue and tell them what you think.
3. Write to Minister Lynham and Minister Miles and tell them your concerns, even a short email will do:


Hon Dr Anthony Lynham
Minister for State Development and Minister for Natural Resources and Mines
PO Box 15216, CITY EAST QLD 4002


Hon Dr Steven Miles
Minister for Environment and Heritage Protection and Minister for National Parks and the Great Barrier Reef
GPO Box 2454, BRISBANE QLD 4001
4. Keep an eye on EDO Qld FacebookTwitter or website for updates.

Whose idea was this?

By way of background, in late 2014 the LNP government introduced the Water Reform and Other Legislation Amendment Act 2014 (Qld) (WROLAA) which proposed to drop public rights of appeal on water licences and instead provide the mining industry with a statutory right to take associated underground water (water that is necessary to remove for the extraction of the actual resource)[3].  Prior to being elected ALP opposed this idea, committing to:

“Repeal the Newman Government’s water laws which will have a detrimental effect on the Great Barrier Reef catchment systems and allow for over allocation of Queensland’s precious water resources.”[4]

And further stating:

“The Water Reform and Other Legislation Amendment Bill 2014 takes the errors of the Murray-Darling Basin and seeks to repeat them by facilitating the over-allocation of water for large ‘coordinated projects’ and mines. This legislation passed while 75 per cent of Queensland was drought declared and landholders are struggling to find water. 

The Opposition also does not support make good arrangements being dependent on a resource company coming to the conclusion that they have impacted on a landholders’ water bore. If water is extracted on an unsustainable basis from the Great Artesian Basin it will be lost forever.
Only a Labor Government will ensure the sustainable management of our State’s water resources based on the principles of ecologically sustainable development. By repealing this legislation a Labor Government will restore the fundamental legal right to object and say no to a nearby mining development.”[5]

Apparently their position has changed. 
We can’t allow this to go ahead.

[1] Water Act, s206(4)(i) and Water Regulation, Sch 2, allows a holder of a mineral development licence or mining lease (or listed entity) to apply for a water licence. Water Act, s208 provides for public notice of water licence applications (limited exceptions to public notification in s209).  For people who have made a properly made submission there are rights of internal review (s862(1)(a)) and appeal to the Land Court (s877(1)(b)).
[2] Hancock Coal Pty Ltd v Kelly & Ors and Department of Environment and Heritage Protection(No. 4) [2014] QLC 12.
[3] WROLAA s11 proposes to insert Chapter 12A Part 1 in the Mineral Resources Act which includes s334ZP ‘Entitlement to use underground water’ and s334ZR associated authorisation. WROLAA s10 proposes to delete s235(3) of the Mineral Resources Act which states there is no entitlement to water.
[4] Queensland Labor, Saving the Great Barrier Reef: Labor’s plan to protect a natural wonder, January 2015.
[5] Letter Tim Mulherin former Labor MP to Kate Dennehy, Lock the Gate, 22 January 2015.



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