The court case that could choke mining in Australia

There’s a new threat to mining in Australia. Source: Supplied

A COURT case that could choke the growth of mining in Australia has been launched against the largest coal mine in Queensland.

Mackay Conservation Group is taking on Indian mining giant Adani, arguing that the impact of greenhouse gas emissions on the Great Barrier Reef was not adequately taken into account when its $16.5 billion Carmichael coal mine was approved.

If successful it could have far reaching consequences for mining projects and how they are assessed, and could potentially require climate change impacts to be included in future assessments.

The mine in the Galilee Basin in western Queensland will be linked to the Abbot Point terminal, north of Bowen and has been plagued by controversy over the dumping of dredge spoil in the marine park. Last year model Robyn Lawley also posted a naked selfie protesting against the mine.

Today it emerged that the Queensland Government has pumped almost $2 billion worth of public money into the port expansion and plans to spend hundreds of millions more, despite there being no public cost benefit analysis being done to establish the economic benefits to the state.

The government’s support for the project is also being questioned in the courts, with a number of legal challenges lodged that could derail the project.

This week Mackay Conservation Group, a central Queensland community organisation, lodged court action arguing that emissions produced from the use of the coal should have been considered when the Carmichael mine’s environmental impact was assessed.

The coal mine will be one of the largest in the world when it is completed, and the group believes the emissions produced from the coal that it produces will be significant enough to have an impact on global warning, and therefore the Great Barrier Reef. Climate change was identified as the biggest threat to the preservation of the reef in the 2014 Great Barrier Reef Outlook Report and Strategic Assessment.

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Premier Campbell Newman has promised to help fund rail link to Carmichael mine. Pic Jono Searle. Source: News Corp Australia

Map showing the location of proposed Carmichael mine near Mackay in Queensland. Source: Adani. Source: Supplied

Federal Environment Minister Greg Hunt approved the Carmichael mine last year, but the environmental assessment only took into account the 200m tonnes of carbon emissions that would be generated from mining and transportation of the coal over its 60-year life cycle.

However, the emissions produced from burning the coal in power stations would be much higher than what would be created during its production by the mine.

Environment group Greenpeace has estimated that once the mine is operating at its full capacity, it would extract enough coal to generate another 128m tonnes of carbon dioxide emissions every year. This is equivalent to about a quarter of Australia’s current total emissions from fuel combustion.

“Adani has made it clear that the coal from the Carmichael mine is intended for power stations in India. It is clear what the fate of the coal is, it’s to generate electricity and therefore it’s possible to anticipate what the greenhouse gas emissions will be and the contribution of that to climate change,” Mackay co-ordinator Ellen Roberts told news.com.au.’

A spokesman for Adani said that the mine and rail project was approved in July last year after three years of environmental impact studies.

“There were multiple opportunities throughout the assessment process for all parties, including Mackay Conservation Group, to make submissions which were subsequently considered prior to the approval decision on this project," the spokesman said.

“This legal challenge initiated by the Mackay Conservation Group, and funded by Getup, is an act designed to frustrate progress on an approved project, and reflects dissatisfaction with the Minister’s decision, rather than a genuine concern in regards to the assessment process.”

He said that the action was a “highly politicised action by professional activists”.

“Adani will continue working with the Commonwealth and Queensland governments in ensuring our projects are undertaken in accordance with all relevant legislation, as we have done since 2010.”

The Abbot Point coal port will be expanded to accommodate increased coal production from the Carmichael mine. Source: News Corp Australia

Coal will be exported to India. Picture: Graham Crouch/The Australian Source: News Corp Australia

But the Environmental Defenders Office NSW lodged legal action in the NSW registry of the Federal Court on behalf of Mackay Conservation Group this week, arguing that Mr Hunt was wrong not to evaluate the impact of the emissions produced by burning of the coal.

If successful, this test case could change how governments assess fossil fuel projects such as coal mines.

“By approving Adani’s Carmichael proposal, the Australian Government is in major breach of its own environmental regulations,” Ms Roberts said.

Ms Roberts said the legal action was timely given how the Queensland government was framing the Galilee Basin as a source of revenue and jobs during the state election campaign.

Queensland Premier Campbell Newman has promised to provide an unspecified amount of funding towards building a 300km rail line between the mine and a coal port proposed at Abbot Point, saying that the mine will create 10,000 jobs and contribute $22 billion to the state’s economy.

“What we say is the environmental impacts of the mine on water supplies, on farm land, on the Great Barrier Reef, aren’t being taken into account and the Queensland government is really sacrificing long-term sustainable industries for short-term profits, most of which would go overseas,” she said.

Coral scientist Dr John 'Charlie' Veron dives for an underwater protest in the Great Barrier Reef. Picture: Supplied Source: Supplied

If the Federal Court agrees with the community group, Mr Hunt would have to reassess his approval, taking into account the higher greenhouse gas emissions.

The parties are due in court on February 3 to set out a timetable for proceedings for the case to be heard in Sydney.

Other community organisations have also begun separate court actions including the Coast and Country Association of Queensland, which is challenging the state government approval of the mine.

The Alliance to Save Hinchinbrook has also launched legal action funded by GetUp, for a judicial review of the state government’s handling of the dumping of dredge spoil from the Abbot Point coal port development, which was to be placed in the Great Barrier Reef, but is now proposed to be dumped on nearby wetlands.

News.com.au has contacted Environment Minister Greg Hunt for comment.

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