tag:theconversation.com,2011:/es/topics/carmichael-coal-mine-14433/articlesCarmichael coal mine – The Conversation2020-05-11T20:02:38Ztag:theconversation.com,2011:article/1382122020-05-11T20:02:38Z2020-05-11T20:02:38ZAustralia listened to the science on coronavirus. Imagine if we did the same for coal mining<figure><img src="https://images.theconversation.com/files/333910/original/file-20200511-30864-1h85rfg.jpeg?ixlib=rb-1.1.0&rect=0%2C0%2C4567%2C2989&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Dan Peled/AAP</span></span></figcaption></figure><p>Australia’s relative success in stopping the spread of COVID-19 is largely due governments taking expert advice on a complex problem. Unfortunately, the same cannot be said of decisions on projects that threaten the environment – most notably, Adani’s <a href="https://theconversation.com/why-are-we-still-pursuing-the-adani-carmichael-mine-85100">Carmichael coal mine</a>. </p>
<p>Our research published today in <a href="https://rdcu.be/b35Ym">Nature Sustainability</a> documents how state and federal governments repeatedly ignored independent scientific advice when assessing and approving the Adani mine’s groundwater plans. </p>
<p>We interrogated scientific evidence available to governments and Adani over almost a decade. Our analysis shows governments failed to compel Adani to fully investigate the environmental risks posed by its water plans, despite concerns raised by scientists.</p>
<p>There is also evidence the government approval decisions were influenced by the political climate and pressure exerted by members of government. </p>
<p>Our findings come as the Morrison government conducts a <a href="https://epbcactreview.environment.gov.au/">ten-yearly review</a> of the Environmental Protection and Biodiversity Conservation (EPBC) Act. It is critical these laws – Australia’s most important environmental legislation – are reformed to put rigorous, independent science at the core.</p>
<h2>Advice ignored</h2>
<p><a href="https://theconversation.com/adani-is-cleared-to-start-digging-its-coal-mine-six-key-questions-answered-118760">In mid-2019</a>, the federal and Queensland governments approved groundwater management plans for Adani’s Carmichael coal mine. It granted the company <a href="https://www.smh.com.au/environment/barbaric-adanis-giant-coal-mine-granted-unlimited-water-licence-for-60-years-20170404-gvd41y.html">unlimited access</a> to groundwater in central Queensland’s Galilee Basin.</p>
<p>We and other experts warned the mine threatens to damage aquifers, rivers and ecosystems – in particular, the <a href="https://wetlandinfo.des.qld.gov.au/wetlands/facts-maps/diwa-wetland-doongmabulla-springs/">Doongmabulla Springs Complex</a>. This system contains more than 150 wetlands which support rare plant communities found nowhere else on earth.</p>
<p>The springs are of major cultural significance to the <a href="https://wanganjagalingou.com.au/if-they-destroy-our-country-they-will-destroy-us-as-a-people/">Wangan and Jagalingou people</a>.</p>
<p>We analysed the full suite of evidence on the groundwater plans from agencies and scientists with expertise in hydro-geology. The evidence, provided to state and federal environment ministers, spanned almost a decade and included at least six independent scientific reviews.</p>
<p>The evidence highlighted major shortcomings, and gaps in knowledge and data.</p>
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Read more:
<a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">Unpacking the flaws in Adani's water management plan</a>
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<p>For example in 2013, the federal government’s Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development <a href="http://www.iesc.environment.gov.au/system/files/resources/224fbb59-e5e6-4154-9dd0-8d60d7c87a75/files/iesc-advice-carmichael-2013-034.pdf">(IESC)</a> said key geological characteristics in Adani’s groundwater model were not consistent with available field data. </p>
<p>Expert evidence from court-appointed hydro-geology witnesses in the <a href="http://envlaw.com.au/carmichael-coal-mine-case/">Land Court of Queensland</a> reiterated this concern and raised new questions over whether the source aquifer for the Doongmabulla Springs had been incorrectly identified. </p>
<p>Subsequent joint reviews by CSIRO and Geoscience Australia in <a href="http://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/csiro-geoscience-australia-final-advice.pdf">February</a> and <a href="https://www.des.qld.gov.au/__data/assets/pdf_file/0026/81890/csiro-geoscience-australia-qdes-advice-jun2019.pdf">June</a> 2019 found Adani had failed to conclusively resolve these issues. The agencies also <a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">identified further flaws in Adani’s modelling</a>, including interaction between groundwater and the Carmichael River that was again not consistent with field evidence. </p>
<p>The CSIRO and Geoscience Australia concluded the model was “not suitable to ensure the outcomes sought by the EPBC Act conditions are met”.</p>
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<figcaption><span class="caption">Moses 3 Lagoon in the Doongmabulla Springs Complex. Source: Land Services of Coast and Country Inc (2014)</span></figcaption>
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<h2>Governments under pressure</h2>
<p>The federal government received the reviews from CSIRO and Geoscience Australia in February 2019. It did not publicly release them until then-environment minister Melissa Price announced approval of the groundwater plans on April 8. This was effectively the final federal approval the mine needed to proceed.</p>
<p>Media reports at the time suggested Price had been <a href="https://www.abc.net.au/news/2019-04-11/adani-damning-assessment-turned-into-approval/10990288?nw=0">pressured</a> by members of her government to issue approval before the election. What’s more, her department reportedly <a href="https://www.abc.net.au/news/2019-05-14/adani-csiro-emails-foi-melissa-price/11107276">pushed the CSIRO</a> to endorse Adani’s plans in just hours, and in the absence of critical information.</p>
<p>Within 48 hours of Adani’s approval being announced, the government called a federal election. </p>
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Read more:
<a href="https://theconversation.com/morrison-government-approves-next-step-towards-adani-coal-mine-115133">Morrison government approves next step towards Adani coal mine</a>
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<p>The Coalition was returned to power at the election. Federal Labor suffered heavy losses in regional Queensland – a result many claimed was due to their <a href="https://www.abc.net.au/news/2019-05-19/election-results-how-labor-lost-queensland/11122998">lukewarm support for the Adani</a> mine.</p>
<p>The Queensland Labor government was also required to sign off on the groundwater plans. Following the federal election result, Premier Annastacia Palaszczuk directed that the assessment be <a href="https://www.brisbanetimes.com.au/politics/queensland/deadline-set-for-adani-approvals-20190524-p51qq8.html">completed quickly</a>. The state approved the plans within four weeks. </p>
<p>This was despite being provided a scientific <a href="https://dspace.flinders.edu.au/xmlui/bitstream/handle/2328/39203/Werner_Position_P2019.pdf?sequence=5&isAllowed=y">analysis</a> by authors of this article and others, outlining key remaining scientific deficiencies in the groundwater plans.</p>
<h2>Once-in-a-decade chance</h2>
<p>Our analysis exposes flaws in how evidence informs major government decisions. It also shows why reform of the Environmental Protection and Biodiversity Conservation Act is so urgent.</p>
<p>The laws are currently under review. Many reputable <a href="https://www.edo.org.au/2019/11/25/analysis-the-epbc-act-review-a-once-in-a-decade-opportunity/">organisations</a> and <a href="http://apeel.org.au/papers">scholars</a> have proposed ways the legislation can better protect the environment, increase its independence from government and put science at the core. </p>
<p>Independent scientific committees, such as the federal IESC, are commissioned by governments to advise on mining proposals. We suggest such committees be granted greater powers to request specific data and studies from mining companies to address knowledge gaps before advice is issued.</p>
<p>Alternatively – or in addition – a new independent national commission should be established to oversee environmental impact assessments conducted by mining and other development proponents. </p>
<p>This commission should be empowered to interrogate and resolve key scientific uncertainties, free from political interference. Its recommendations to government should take into account a wide range of expert advice and public feedback.</p>
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<img alt="" src="https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/333918/original/file-20200511-49589-1aeo3gc.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
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<span class="caption">Doongmabulla Springs, a desert oasis scientists say is at risk from the Adani mine.</span>
<span class="attribution"><span class="source">Flickr</span></span>
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<p>This would not only improve the evidence base for decisions, but may also speed up assessments – ensuring more effective resolution of uncertainties that often lead to protracted conflict and debate about a mine’s impacts.</p>
<p>Such reform is urgently needed. Australia is suffering unprecedented <a href="https://www.csiro.au/en/Showcase/state-of-the-climate">water stress</a>, <a href="https://soe.environment.gov.au/">environmental harm</a> and declining <a href="https://www.theguardian.com/australia-news/2020/jan/23/australia-among-21-nations-where-perceived-corruption-has-worsened">trust in government</a>.</p>
<p>Australian governments listened to the science when it needed to flatten the curve of COVID-19. The same approach is needed if we’re to preserve the places we love and the ecosystems we depend on.</p>
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Read more:
<a href="https://theconversation.com/our-nature-laws-are-being-overhauled-here-are-7-things-we-must-fix-126021">Our nature laws are being overhauled. Here are 7 things we must fix</a>
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<p><strong>An Adani spokesperson provided the following response to the claims raised by the authors:</strong></p>
<p><em>Adani’s Groundwater Dependent Ecosystems Management Plan (GDEMP) was finalised and approved by both the Australian and Queensland governments almost 12 months ago, bringing to an end more than eight years of heavily scrutinised planning and approvals processes.</em></p>
<p><em>The approvals were confirmation that the GDEMP complies with all regulatory conditions, following an almost two-year process of rigorous scientific inquiry, review and approvals. This included relevant independent reviews by Australia’s pre-eminent scientific organisations CSIRO and Geoscience Australia.</em></p>
<p><em>There are more than 270 conditions within the mine approvals to protect the natural environment and more than 100 of those relate to groundwater.</em></p>
<p><em>We’re now getting on with construction of the Carmichael Mine and Rail project, having awarded more than $750 million in contracts to the benefit of regional Queenslanders.</em></p>
<p><em>We remain on track to create more than 1,500 direct jobs during the construction and ramp up of our project and some further 6,750 indirect jobs. At a time when our country is facing some of its toughest challenges, we’re determined to deliver on our commitments of jobs and opportunities.</em></p><img src="https://counter.theconversation.com/content/138212/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Matthew Currell receives funding from the Australian Research Council to study the Doongmabulla Springs Complex</span></em></p><p class="fine-print"><em><span>Adrian Werner receives funding from the Australian Research Council to study the Doongmabulla Springs Complex. He also acted as an expert witness in the Land Court case discussed in this article.</span></em></p><p class="fine-print"><em><span>Chris McGrath acted as a barrister in litigation against the proposed Adani Coal Mine discussed in this article. </span></em></p><p class="fine-print"><em><span>Dylan Irvine receives funding from the Australian Research Council to study the Doongmabulla Spring Complex. </span></em></p>New research reveals how governments ignored decades’ worth of scientific advice on how the Adani mine threatened to damage precious water supplies.Matthew Currell, Associate Professor in Environmental Engineering, School of Engineering, RMIT UniversityAdrian Werner, Professor of Hydrogeology, Flinders UniversityChris McGrath, Associate Professor in Environmental and Planning Regulation and Policy, The University of QueenslandDylan Irvine, Senior lecturer in hydrogeology, Flinders UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1204872019-07-17T05:12:02Z2019-07-17T05:12:02ZAdani has set a dangerous precedent in requesting scientists’ names<figure><img src="https://images.theconversation.com/files/284435/original/file-20190717-173370-47h9j.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The Galilee waterhole is part of the area potentially affected by Adani's Carmichael mine.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/stopadani/35457088785/in/photolist-W2dRbZ-RRgS71-Wyjvxs-TpUwSz-C92xfq-Twc5sF-C91x4q-ZccVyL-CpNCZw-CpNEiU-Z88aP7-YdU29T-VSdV66-E5FkK3-UaEcWQ-ZcfkA5-ZS8Fn2-UaEeKE-UpftVE-VVQueF-CpP6XQ-YuFC5p-Yajoj5-WyjwMw-UaEdt1-C926TJ-ZvWsra-Z86y4G-ZS8FQg-U4oQ5E-FJ4T3y-UGbuyd-YrgQsC-Vn7xeY-YRexzq-YRdTdq-WUdP79-CpNh9o-UyienF-TpTwni-Yrgriw-UU3B8y-R9cdDU-UbZozT-CpPiSw-ZvWvar-YckmjD-ZdFMmY-UGbzr9-UDrJ1v">Stop Adani</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>A freedom of information request has revealed Adani sought the names of CSIRO and Geoscience Australia scientists involved in reviewing <a href="https://www.abc.net.au/news/2019-07-16/adani-requests-names-of-csiro-scientists/11308616">groundwater management plans</a> related to its proposed Carmichael mine.</p>
<p>Adani argued it required a list of people involved in the review so as to have “peace of mind” that it was being treated fairly and impartially on a scientific rather than a political basis. </p>
<p>Ten days before Adani’s request, Geoscience Australia’s acting director of groundwater advice and data <a href="https://www.abc.net.au/news/2019-07-16/adani-requests-names-of-csiro-scientists/11308616">reportedly raised concerns</a> that Adani had “actively searched/viewed” his LinkedIn profile and that of a colleague.</p>
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Read more:
<a href="https://theconversation.com/interactive-everything-you-need-to-know-about-adani-from-cost-environmental-impact-and-jobs-to-its-possible-future-116901">Interactive: Everything you need to know about Adani – from cost, environmental impact and jobs to its possible future</a>
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<p>Significantly, Adani’s request to the government was made before CSIRO and Geoscience Australia had reported their review findings back to the Queensland government. </p>
<p>While the federal Department of the Environment and Energy <a href="https://www.theguardian.com/business/2019/jul/16/adani-justified-in-demanding-names-of-csiro-scientists-deputy-pm-says">reportedly declined to hand over the names</a>, the fact the letter was sent in the first place is concerning. It fundamentally interferes with the capacity of individual scientists to provide clear and informed evaluation.</p>
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<a href="https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=650&fit=crop&dpr=1 600w, https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=650&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=650&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=817&fit=crop&dpr=1 754w, https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=817&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/284433/original/file-20190717-173360-d8jif6.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=817&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">The letter obtained under freedom of information by environmental group Lock The Gate. Click to enlarge.</span>
<span class="attribution"><span class="source">Lock the Gate</span></span>
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<h2>Was Adani denied procedural fairness?</h2>
<p>In the absence of clear legislation to the contrary, government decision-makers have a general duty to accord “procedural fairness” to those affected by their decisions. While procedural fairness is protected by common law, <a href="https://www.legislation.gov.au/Details/C2017C00238">Commonwealth legislation</a> also provides some protection, and a breach of procedural fairness is a ground for judicial review.</p>
<p>What exactly constitutes procedural fairness varies from case to case. Fundamentally, the principles of procedural fairness acknowledge the power imbalance that can arise between an administrative decision-maker and an individual citizen. Traditionally, procedural fairness has two elements: the <strong>fair hearing rule</strong> and the <strong>rule against bias</strong>. </p>
<p>The <strong>fair hearing rule</strong> requires a person – or company, in this case – to have an opportunity to be heard before a decision is made affecting their interest. </p>
<p>The <strong>rule against bias</strong> ensures the decision-maker can be objectively considered to be impartial and not to have prejudged a decision. This rule is flexible, and must be determined by reference to a hypothetical observer who is fair minded and informed of the circumstances.</p>
<p>There is no indication of any breach of procedural fairness in the environmental assessment process. The review of the groundwater management plan was conducted rigorously, according to the public interest. </p>
<p>The letter sent by Adani requesting the names of scientists was allegedly grounded in concerns about the possibility of anti-Adani activism by expert reviewers. Despite this, Adani made it clear that it was not explicitly alleging bias. Its objective, the letter said, was a desire to be “treated fairly and in a manner consistent with other industry participants”.</p>
<h2>The real purpose of the letter</h2>
<p>If Adani was seriously concerned about a breach of procedural fairness in the review of their groundwater management plan, it would have sought a judicial review. It did not – because there was no breach.</p>
<p>The scientists working at CSIRO and Geoscience Australia are all experts in their disciplines. They were engaged in the important process of determining whether Adani’s plan for managing groundwater around their mine would meet the environmental conditions of their mining licence. In other words, the scientists were doing their job.</p>
<p>Deputy Prime Minister Michael McCormack has said he “understands” Adani’s actions because of the <a href="https://www.theguardian.com/business/2019/jul/16/adani-justified-in-demanding-names-of-csiro-scientists-deputy-pm-says">delays associated with the review</a>, but this is not how the system works.<br>
The delays occurred because the original plan submitted by Adani had to be <a href="http://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/csiro-geoscience-australia-final-advice.pdf">revised following expert review</a>, and the updated plan required detailed evaluation. The mine could potentially have a <a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">serious impact</a> on groundwater, the communities and ecosystems dependent on the water, and the nationally significant Doongmabulla Springs; this deserves careful scrutiny. </p>
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Read more:
<a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">Unpacking the flaws in Adani's water management plan</a>
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<p>As Adani has not brought an action for judicial review, the substantive purpose of the letter appears to be, as suggested by CSIRO representatives, to pressure scientists and potentially seek to discredit their work. The potentially <a href="https://www.canberratimes.com.au/story/6275692/adani-wanted-names-of-csiro-scientists/">chilling effect</a> is clear. </p>
<h2>Concern about climate change is not bias</h2>
<p>The profound concerns raised by climate change and fossil fuel emissions are shared by many scientists around the world. The reports prepared for the International Panel on Climate Change make it clear that coal fired electricity <a href="https://report.ipcc.ch/sr15/pdf/sr15_spm_final.pdf">must drop to nearly zero by 2050</a> to keep warming within 1.5°C.</p>
<p>This shared concern does not make scientists political activists. Nor does it prevent scientists from acting fairly and impartially when reviewing a groundwater management plan. </p>
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Read more:
<a href="https://theconversation.com/the-uns-1-5-c-special-climate-report-at-a-glance-104547">The UN's 1.5°C special climate report at a glance</a>
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<p>An acceptance of climate science and even a belief that coal-fired energy should be decommissioned does not constitute bias. A reasonable bystander would expect most environmental scientists to be concerned about climate change.</p>
<p>It is crucial the environmental assessment process for large coal mines remains rigorously independent and absolutely free from any direct or indirect pressure from the coal industry. This is even more important when dealing with groundwater assessments, given their economic, social and ecological significance. </p>
<p>The letter, sent before the review was handed down, sets a dangerous precedent. Not because it suggests the scientists were impartial or there was any procedural unfairness involved in the process. But rather, because it jeopardises the independence of our scientists who, in seeking to ensure the longevity of our water, food and energy resources, carry a heavy responsibility to the public interest.</p><img src="https://counter.theconversation.com/content/120487/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Samantha Hepburn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Adani’s request for the names of individual scientists reviewing their groundwater management plan has chilling implications for scientific independence.Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1175062019-05-22T07:23:58Z2019-05-22T07:23:58ZWith the LNP returned to power, is there anything left in Adani’s way?<p>After months of “start” and “stop” Adani campaigning, the coalmine is poised to go ahead following the surprise success of the Coalition government at the federal election. </p>
<p>So is anything still stopping the coalmine from being built?</p>
<p>Australia has a federal system of government, but states own coal. This means the Queensland Labor government is responsible for issuing the Adani mining licence.</p>
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<p>And there are suggestions pressure is mounting in the state Labor party for the final approvals to be passed. </p>
<p><a href="https://www.afr.com/news/politics/national/adani-blamed-for-labor-s-wipe-out-in-queensland-20190519-p51own">Strategists have argued</a> the state government must approve the Adani mine if they are to be re-elected next year. One of the reasons Labor lost votes in Queensland may have been because of perceived delays in the approval process by the Queensland Department of Environment and Science.</p>
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Read more:
<a href="https://theconversation.com/view-from-the-hill-its-the-internal-agitators-who-are-bugging-scott-morrison-on-adani-115076">View from The Hill: It's the internal agitators who are bugging Scott Morrison on Adani</a>
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<p>Now, Queensland premier Annastacia Palaszczuk has appointed her coordinator-general to oversee the remaining approvals. In a press conference, <a href="https://www.abc.net.au/news/2019-05-22/adani-approvals-removal-environment-department/11138140">she said</a>:</p>
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<p>I think that the community is fed up with the processes, I know I’m fed up with the processes, I know my local members are fed up with the processes … We need some certainty and we need some timeframes — enough is enough.</p>
</blockquote>
<p>But what has “delayed” the state government so far is its legal duty to make sure the coalmine has an effective plan to manage matters of environmental significance.</p>
<p>Before the election, the federal government already approved two controversial environmental plans – the <a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">groundwater management plan</a> and the <a href="https://theconversation.com/why-adanis-finch-plan-was-rejected-and-what-comes-next-116525">finch management plan</a>. The only thing left now is for the Queensland Labor government to give its nod of approval. </p>
<hr>
<iframe src="https://cdn.theconversation.com/infographics/398/cd00e6e8d7813aaa023cd8e84ad3117a1effa163/site/index.html" frameborder="0" height="600" width="100%"> </iframe>
<hr>
<h2>Not ‘delay tactics’, but a legal duty</h2>
<p>The federal government does not have jurisdiction over state resources unless the project impacts matters of national environmental significance.</p>
<p>And the Adani mine is one such project. The mine would remove the habitat of an endangered species and significantly impact vital underground water resources. </p>
<p>This means the project needed to be <a href="https://www.edoqld.org.au/can_fed_government_stop_adani_minefor%20environmental%20assessment%20under%20the%20%5Bnational%20environment%20act%5D(https://www.environment.gov.au/epbc)">referred to</a> the federal government.</p>
<p>The aim of this referral was to make sure the environmental assessment process would sufficiently prevent or reduce irreparable damage to the environment. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/traditional-owners-still-stand-in-adanis-way-115454">Traditional owners still stand in Adani's way</a>
</strong>
</em>
</p>
<hr>
<p>Generally, in a bilateral arrangement, the federal government authorises the state to conduct an environmental assessment. And this is the framework that has informed the Adani project from the outset. </p>
<p>This is our rule of law, and one that’s in the public interest. </p>
<p>So any suggestion the Queensland government engaged in “delay tactics” when they were carrying out these critical legal responsibilities is inaccurate and misconceives the fundamental legal responsibilities that underlie this process. </p>
<h2>There are two more approvals left</h2>
<p>There are two outstanding approvals required for the environmental conditions to be satisfied: the <a href="https://theconversation.com/why-adanis-finch-plan-was-rejected-and-what-comes-next-116525">black-throated finch</a> environmental management plan and the groundwater environmental management plan. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/275812/original/file-20190522-187153-zhrbg4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The habitat of the endangered black-throated finch must be protected.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/107368995@N04/33471514488/in/photolist-SZLg8o-FQLgh2-22JZ6ju-YgovAp-2c7sfjy-22JZ6am-2f8X1di-nUQ33T-NdBsS4-nV88oH-2cSugwf-Q3SKR9-2fVD2PV-2bQSgBd-2c3kJ1c-2c3sANU-2aMjQ3W-2auytbk-Ygovr6-QP81HG-QVpBcd-gVdjcf-omBEBe-297SHkb-297SHL1-nuNW3Y-297SCP7-2c3kKca-eYKDhr-4C9V7y-PYPpjh-25j2P6a-okUcQL-297SFcd-2c3sC9u-2cSuh4h-nfn9TN-Aa5dZ6-2fTzJA4-mHGE8a-2dti18k-mHGLav-ooDVKM-yDPXhJ-S82YNn-28ZdMXA-CNNuKD-zQPN51-Ajzmeg-A2ZAG1">Steve Dew</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<h3>Black-throated finch</h3>
<p>The Queensland government rejected the black-throated finch management plan submitted by Adani last month. This was because the plan did not constitute a management plan at all.</p>
<p>If the finch’s habitat is destroyed by the coalmine, then it’s necessary to outline how this endangered species will be relocated, and how this relocation will be managed. </p>
<p>But the Adani management plan does not do this. Rather than setting up a conservation area for the finch, the Adani plan <a href="https://theconversation.com/why-adanis-finch-plan-was-rejected-and-what-comes-next-116525">proposed establishing</a> a cow paddock, which would destroy the grass seeds vital for the survival of the finch.</p>
<p>Clearly this plan does not comply with the environmental condition attached to its licence. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/why-adanis-finch-plan-was-rejected-and-what-comes-next-116525">Why Adani's finch plan was rejected, and what comes next</a>
</strong>
</em>
</p>
<hr>
<h3>Groundwater management</h3>
<p>The Queensland Department of Environment and Science is currently reviewing the groundwater management plan and have sought <a href="https://www.smh.com.au/federal-election-2019/queensland-shoots-down-reports-of-new-adani-groundwater-review-20190513-p51mqu.html">further advice</a> from Geoscience Australia and CSIRO. </p>
<p>Adani must address how the mine will impact the threatened Doongmabulla Springs in the Great Artesian Basin. This involves creating a groundwater model capable of estimating how much groundwater levels will decrease when water is used to extract the coal. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">Unpacking the flaws in Adani's water management plan</a>
</strong>
</em>
</p>
<hr>
<p>This is important because the basin is a water supply for cattle stations, irrigation, livestock and domestic usage. It also provides <a href="https://theconversation.com/why-does-the-carmichael-coal-mine-need-to-use-so-much-water-75923">vital water supplies</a> to around 200 towns, which are entitled to draw between 100 and 500 million litres of water each year. </p>
<p>Any impact on the underground aquifers that feed into the Great Artesian Basin would not only be devastating for the environment, but also for all the communities that rely on its water resources.</p>
<p>The original groundwater model submitted by Adani <a href="http://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/csiro-geoscience-australia-final-advice.pdf">was not</a> “suitable to ensure the outcomes sought by the EPBC Act conditions are met”. </p>
<p>It’s unclear whether Adani’s resubmitted groundwater model still <a href="http://www.environment.gov.au/protection/assessments/key-assessments">under-predicted</a> the impact because the further submissions made by Adani have <a href="https://www.theguardian.com/business/2019/apr/09/coalition-approves-adani-groundwater-plan-despite-questions-over-modelling">not been subjected</a> to extensive review at the federal level. </p>
<p>Great care needs to be taken to ensure the expert advice from CSIRO and Geoscience is properly heeded.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/275810/original/file-20190522-187179-ejl7u8.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The mine may cause the Doongmabulla Springs to cease flowing.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/lockthegatealliance/40929859781/in/photolist-25mQekB-25ksCuT">Lock the Gate Alliance/Flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<h2>The Adani mine is an outlier in the global coal community</h2>
<p>The approval of the Adani coalmine comes at a time when the global community is rapidly moving away from coal. </p>
<p>Germany, a pioneer of the mass deployment of wind and solar power generation, <a href="http://www.globalenergyblog.com/germany-takes-the-first-steps-towards-the-end-of-coal-fired-power?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original">announced</a> the phaseout of its 84 coalfired plants.</p>
<p>Britain has just had its first week <a href="https://www.smh.com.au/world/europe/britain-goes-a-week-without-coal-power-saying-this-is-the-new-normal-20190509-p51lgy.html">without coal-fired electricity</a>, and this new energy mix has rapidly become the “new normal”. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-to-transition-from-coal-4-lessons-for-australia-from-around-the-world-115558">How to transition from coal: 4 lessons for Australia from around the world</a>
</strong>
</em>
</p>
<hr>
<p>But the international <a href="https://www.bloomberg.com/quicktake/confronting-coal">coal market</a> is variable. India’s consumption is expected to rise by the end of 2023, but their aim is to reduce coal imports. And China’s coal consumption is projected to fall almost 3%, largely due to the country’s ambitious clean energy plans. What’s more, coal is in decline in the United States and across Europe generally. </p>
<p>The global economy is de-carbonising. As global warming accelerates and cleaner energy options gain more traction, coal will inevitably decline even further. </p>
<p>A hasty post-election approval of the outstanding environmental plans for Adani coalmine would not only conflict with our domestic legal framework, but also the broader imperatives of the international community.</p><img src="https://counter.theconversation.com/content/117506/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Samantha Hepburn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The Queensland Labor government still must approve two outstanding environmental management plans for the Adani mine to go ahead.Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1169012019-05-15T20:24:29Z2019-05-15T20:24:29ZInteractive: Everything you need to know about Adani – from cost, environmental impact and jobs to its possible future<figure><img src="https://images.theconversation.com/files/273770/original/file-20190510-183112-euz2bs.png?ixlib=rb-1.1.0&rect=396%2C187%2C1472%2C915&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">It's a 50km long patch in the middle of Queensland that's causing a lot of trouble, but many people couldn't even point it out on a map.</span> <span class="attribution"><a class="source" href="http://statedevelopment.qld.gov.au/assessments-and-approvals/coordinated-projects-map.html/?marker=Carmichael%20Coal%20Mine%20and%20Rail">Queensland Government - Coordinated Projects Map</a></span></figcaption></figure><p><em>The Adani Carmichael coal mine has been an election issue across state and federal politics since 2016.</em> </p>
<p><em>Despite bipartisan support, it defined the November 2017 Queensland election, has shaped federal by-elections since and prompted protests in almost every Australian state and territory – <a href="https://www.theguardian.com/business/gallery/2019/may/06/on-the-road-with-bob-browns-stop-adani-convoy-hobart-to-clermont-in-pictures">including a convoy</a> that has made its way up to the neighbouring town of Clermont all the way from Tasmania.</em></p>
<p><em>So given it’s gone through several revisions thanks to issues with funding and environmental approvals, what does the proposed mine look like now?</em></p>
<p><em>This is a heavily revised version of the <a href="https://theconversation.com/infographic-heres-exactly-what-adanis-carmichael-mine-means-for-queensland-87684">graphic originally created for the 2017 Queensland state election</a>.</em> </p>
<p><em>It will be updated as new information becomes available.</em></p>
<hr>
<iframe src="https://cdn.theconversation.com/infographics/398/cd00e6e8d7813aaa023cd8e84ad3117a1effa163/site/index.html" frameborder="0" height="600" width="100%"> </iframe>
<hr>
<p><strong>Updates:</strong> </p>
<p><em>September 16 2019: Updated to include the approvals of the land-lease and licence to operate a railway, as well as the approval for the lease for the airport and workers’ housing. The Queensland government’s extinguishing of the Wangan and Jagalingou people’s native title in late August has also been included.</em> </p>
<p><em>July 2 2019: The graphic has been updated to include the June 13 state government approval of Adani’s groundwater management plan, including the restrictions on underground mining until further investigation of the source of the Doongmabula Springs has been established.</em></p>
<p><em>June 5 2019: The graphic has been updated to include the May 31 state government approval of Adani’s black-throated finch management plan. The new deadlines set by the Queensland government for airport and construction housing leases, as well as the rail licence (both July 31 2019), have also been added.</em></p>
<p><em>Note: a previous version of this graphic noted the two instances of stormwater released at Abbot Point as containing specifically carbon particles. It has been updated to “suspended solids” which may contain silt, sediment, dirt, gravel, organic matter or coal dust/particles.</em></p><img src="https://counter.theconversation.com/content/116901/count.gif" alt="The Conversation" width="1" height="1" />
Everything you need to know – where it is, the environmental impact, Indigenous land rights issues and actual profitability – of the Adani Carmichael coal mine in one simple interactive.Michael Hopkin, Deputy Chief of Staff, The ConversationMadeleine De Gabriele, Deputy Editor: Energy + EnvironmentWes Mountain, Social Media + Visual Storytelling EditorLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1165252019-05-07T05:56:04Z2019-05-07T05:56:04ZWhy Adani’s finch plan was rejected, and what comes next<figure><img src="https://images.theconversation.com/files/272936/original/file-20190507-103057-qq2v22.jpg?ixlib=rb-1.1.0&rect=0%2C10%2C1200%2C610&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The black-throated finch is on the verge of extinction.</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/129013862@N04/39211480890/in/photolist-22JZ6am-NdBsS4-Q3SKR9-nUQ33T-2cSugwf-nV88oH-2bQSgBd-2c3kJ1c-2c3sANU-2auytbk-2aMjQ3W-QP81HG-Ygovr6-QVpBcd-gVdjcf-297SHkb-omBEBe-297SHL1-297SBYQ-297SCP7-nuNW3Y-2c3kKca-eYKDhr-4C9V7y-PYPpjh-okUcQL-297SFcd-2c3sC9u-2cSuh4h-nfn9TN-Aa5dZ6-mHGLav-2dti18k-ooDVKM-yDPXhJ-28ZdMXA-CNNuKD-zQPN51-A2ZAG1-Ajzmeg-yUVDMo-zKE5Sj-ACdju9-ACdsN3-M994Es-o5phTy-Gk7zjZ-z8CXMX-z8upGG-omBF8K">Brian McCauley/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></span></figcaption></figure><p>Adani’s plan to manage an endangered finch was <a href="https://www.abc.net.au/news/2019-05-03/adani-mine-environment-approval-black-throated-finch/11075824">rejected last week</a> by the Queensland government, stalling progress on the Carmichael mine.</p>
<p>The mine would cover much of the <a href="http://eisdocs.dsdip.qld.gov.au/Carmichael%20Coal%20Mine%20and%20Rail/AEIS/btf-monitoring-survey-022014.pdf">best remaining habitat</a> for the endangered black-throated finch. The Queensland government required Adani to commit to gathering more accurate finch population data, limit the cattle grazing in the finch conservation area and determine food availability throughout the year, before they could approve the plan.</p>
<p>The rejection is one of two outstanding environmental approvals required before Adani can commence work on the mine. The second is the plan to manage <a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">groundwater-dependent ecosystems</a>, which the Queensland government has yet to come to a decision on.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/unpacking-the-flaws-in-adanis-water-management-plan-116161">Unpacking the flaws in Adani's water management plan</a>
</strong>
</em>
</p>
<hr>
<p>The federal government has been reported as “already approving” the finch plan. But legally, the Queensland government must determine whether the plan complies with the conditions of the environmental authority and, under the bilateral framework, the federal government must give due regard to this assessment.</p>
<h2>What’s wrong with Adani’s plan?</h2>
<p>Last Friday Queensland’s Department of Environment and Science decided not to approve Adani’s black-throated finch management plan because it does not fulfil certain basic requirements.</p>
<p>The decision is based on a detailed report from an independent expert panel. </p>
<p>The black-throated finch is on the verge of extinction, one of <a href="https://theconversation.com/for-the-first-time-weve-looked-at-every-threatened-bird-in-australia-side-by-side-107432">238 threatened Australian birds</a>. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/272937/original/file-20190507-103075-17wf8g4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The black-throated finch is experiencing habitat loss and degradation.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/107368995@N04/33471514488/in/photolist-SZLg8o-FQLgh2-22JZ6ju-2c7sfjy-22JZ6am-NdBsS4-Q3SKR9-nUQ33T-2cSugwf-nV88oH-2bQSgBd-2c3kJ1c-2c3sANU-2auytbk-2aMjQ3W-QP81HG-Ygovr6-QVpBcd-gVdjcf-297SHkb-omBEBe-297SHL1-297SBYQ-297SCP7-nuNW3Y-2c3kKca-eYKDhr-4C9V7y-PYPpjh-okUcQL-297SFcd-2c3sC9u-2cSuh4h-nfn9TN-Aa5dZ6-mHGLav-2dti18k-ooDVKM-yDPXhJ-28ZdMXA-CNNuKD-zQPN51-A2ZAG1-Ajzmeg-yUVDMo-zKE5Sj-ACdju9-ACdsN3-M994Es-o5phTy">Steve Dew/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/for-the-first-time-weve-looked-at-every-threatened-bird-in-australia-side-by-side-107432">For the first time we've looked at every threatened bird in Australia side-by-side</a>
</strong>
</em>
</p>
<hr>
<p>The greatest threat to the black-throated finch is habitat loss: it has disappeared from over 80% of its original range. Strong protection, and careful management, of its remaining habitat is crucial. </p>
<p>The finch, once found across north-eastern Australia, is now largely found on Moray Downs and surrounding properties, north-west of Clermont in central Queensland. A core part of the habitat is within the 28,000 hectare (ha) footprint of the Carmichael mine, where there are far more black finches than elsewhere due to the intact woodlands and a history of minimal livestock grazing. </p>
<p>It is <a href="https://www.acf.org.au/acf_backs_rejection_of_adani_finch_plans">expected</a> the mines will disturb 50,977 ha of black-throated finch habitat, and that 34,156 ha will be completely cleared. </p>
<p>A total of 87 square kilometres of habitat will be destroyed through the creation of open pits, and a further 61 square kilometres may be degraded beyond repair due to the influence of <a href="http://www.birdlife.org.au/documents/NEWS-Black-throated_Finch_Recovery_Team_Position_Statement_Galilee_Basin.pdf">underground mining</a> on groundwater.</p>
<p>After habitat loss, the second greatest threat to the finch is cattle grazing, which destroys the grass seeds they need to survive. Yet Adani’s management plan for the black-throated finch involved grazing cattle on areas that are supposed to be devoted to conservation of the finch.</p>
<p>Instead of establishing a finch conservation reserve, the Adani plan proposed what was in effect a paddock. Providing a species management plan that effectively conserves finch habitat is a core condition of Adani’s mining licence. </p>
<h2>State vs federal priorities</h2>
<p>The Queensland government’s rejection of the plan brings into stark focus some of the problems with the existing environmental assessment framework. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=366&fit=crop&dpr=1 600w, https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=366&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=366&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=460&fit=crop&dpr=1 754w, https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=460&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/272939/original/file-20190507-103068-1488pck.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=460&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The Adani plan includes cattle grazing, despite the threat to finch habitats.</span>
<span class="attribution"><a class="source" href="https://www.shutterstock.com/image-photo/brahman-cattle-paddock-queensland-australia-140347846?src=gzZfkpUM_rS4js2QYonNOw-1-5">Shutterstock</a></span>
</figcaption>
</figure>
<p>The environmental authority for the mining licence was approved by the Federal government. The environmental management plan for the finch did not, however, address core impact concerns. And yet this is the very reason that the plan was required from the outset. The inadequacies of the plan only became apparent because of the oversight of the Queensland government. </p>
<p>The federal government has not been proactive despite’s its mandate under our National environment act - the Environmental Protection Biodiversity Conservation act. In fact, a recent analysis found the federal government has approved <a href="https://theconversation.com/death-by-775-cuts-how-conservation-law-is-failing-the-black-throated-finch-110704">hundreds of projects</a> to clear black-throated finch habitat over the last 18 years. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/death-by-775-cuts-how-conservation-law-is-failing-the-black-throated-finch-110704">Death by 775 cuts: how conservation law is failing the black-throated finch</a>
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<p>There are clearly differences in priorities regarding the environment between a federal Liberal and a state Labor government. However, environmental assessment can only be effective if is not undermined by political agendas, and is grounded in scientific rigour and scrutiny. </p>
<h2>A one-stop shop</h2>
<p>At the federal level, any project likely to have a “<a href="https://www.environment.gov.au/epbc/publications/significant-impact-guidelines-11-matters-national-environmental-significance">significant impact</a>” on a matter protected by the Environment Protection and Biodiversity Conservation Act must be referred to the federal environment minister. </p>
<p>If the minister decides the project impacts a matter of national environmental significance, he or she will then determine how to assess that project at the national level. Legislated options include: an environmental impact statement, a public environment report and public inquiry. </p>
<p>The federal government has entered into bilateral agreements with all state and territory governments. As a result, rather than the state and federal governments conducting separate assessment, the aim is to promote a single, focused environmental evaluation. </p>
<p>The Queensland government has entered into a bilateral assessment agreement with the Commonwealth government for Adani’s coal project, which effectively allows it to make an environmental assessment that the Commonwealth Minister will then take account of when deciding whether to grant approval. </p>
<p>This means that both the Queensland and the federal government are involved in the approval and assessment process environmental authorities and conditions, one of those being the management plan for the black-throated finch. In order to optimise outcomes they need to work together collaboratively. </p>
<h2>Where to next?</h2>
<p>The rejection means that Adani will now need to submit a new or revised plan that addresses the Queensland government’s concerns. In particular, Adani will need to limit cattle grazing in the conservation area, and gather more information regarding the availability of seed throughout the year. </p>
<p>This may take time but is critical, because in its current form, the plan does not meet the legal requirements for the Environmental Authority, which means that it cannot be approved at the state level. </p>
<p>Without state approval the Adani coal mine cannot proceed. The Queensland government has rigorously assessed Adani’s management plan by commissioning a report by an independent expert panel and then acting on the advice of this report.</p>
<p>This robust approach is crucial to the whole framework of environmental assessment. Genuine commitment to protecting endangered species and managing vital groundwater resources is vital if we want to reverse Australia’s dire trajectory of <a href="https://www.abc.net.au/news/2018-07-20/australia-fourth-on-animal-extinction-list/10002380">environmental decline</a>.</p><img src="https://counter.theconversation.com/content/116525/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>April Reside is a scientific advisor for the Black-throated Finch Recovery Team and is on Birdlife Australia's Research and Conservation Committee and Threatened Species Committee. In the past, April has received funding from the Regional NRM planning for climate change program, the National Climate Change Adaptation Research Facility, and the NESP Threatened Species Recovery Hub.</span></em></p><p class="fine-print"><em><span>Samantha Hepburn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A small finch has stalled the multi-million-dollar Carmichael mine.Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin UniversityApril Reside, Researcher, Centre for Biodiversity and Conservation Science, The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1161612019-04-30T20:14:04Z2019-04-30T20:14:04ZUnpacking the flaws in Adani’s water management plan<p>Adani’s <a href="https://www.adaniaustralia.com/-/media/Project/Australia/Our-Projects--Businesses/mine-environment-reporting/GDEMP-Final-V11b-19March2019.pdf?la=en&hash=C4988A8485428FD234C4A09023D08B34">groundwater dependent ecosystem management plan</a> for its proposed Carmichael coal mine was recently approved by federal Environment Minister Melissa Price, despite <a href="http://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/csiro-geoscience-australia-final-advice.pdf">a review</a> from CSIRO and Geoscience Australia that points out major problems with the modelling.</p>
<p>According to the minister, approval was granted only after the company made commitments to fully address these issues (a claim later <a href="https://www.abc.net.au/radio/programs/am/carmichael-mine-approved-despite-adani-refusing-csiro-advice/11027852">called into question</a>).</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/morrison-government-approves-next-step-towards-adani-coal-mine-115133">Morrison government approves next step towards Adani coal mine</a>
</strong>
</em>
</p>
<hr>
<p>However, when we look closely at the flaws in Adani’s plan it’s not clear they can credibly be remedied. There’s a very real chance the mine could cause irreversible harm to the nationally significant Doongmabulla Springs.</p>
<h2>What a groundwater model is supposed to do</h2>
<p>The primary purpose of the model – as is the case for most groundwater models used in mining impact studies – is to determine the likely effect of mining on groundwater levels and flows of water to and from key areas. </p>
<p>One important goal of the model is to estimate the <a href="https://en.wikipedia.org/wiki/Drawdown_(hydrology)">drawdown</a> (decrease in groundwater levels) in aquifers around the mine as it pumps water and digs through aquifers to reach the coal. </p>
<p>Drawdown may cause groundwater levels to decline below thresholds <a href="https://www.environment.gov.au/water/publications/what-are-the-ecological-impacts-of-groundwater-drawdown">critical to the function of whole ecosystems</a>, such as (in this case) the <a href="https://sacredland.org/doongmabulla-springs-australia/">Doongmabulla Springs</a>. </p>
<p>Groundwater models can also be used to assess changes in flows of water to and from springs and streams, such as the Carmichael River, which crosses the mine site.</p>
<h2>What flaws in Adani’s modelling were identified?</h2>
<p>CSIRO and Geoscience Australia’s review pointed out three major flaws:</p>
<h3>1. Over-prediction of flow from the Carmichael River to groundwater</h3>
<p>Groundwater and surface water are intimately connected in the <a href="https://www.usgs.gov/special-topic/water-science-school/science/water-cycle?qt-science_center_objects=0#qt-science_center_objects">water cycle</a>. For example, in some areas surface water can “recharge” aquifers, while in others aquifers provide water that keeps rivers flowing. </p>
<p>According to the review, Adani has overestimated how much water would flow from the Carmichael River into the aquifers below. This means there is in reality less water available to replenish the groundwater system below the river, which in turn means that the mine will likely cause greater groundwater drawdown than predicted.</p>
<h3>2. The hydraulic parameters chosen for key geological units</h3>
<p>A fundamental part of any groundwater model is the hydraulic properties selected for each geological layer through which groundwater moves. The most important is <a href="https://www.sciencedirect.com/topics/earth-and-planetary-sciences/hydraulic-conductivity">hydraulic conductivity</a>: a measure of how much water can be transmitted through an aquifer over time. The review found that Adani’s model uses hydraulic conductivity values significantly different from the values estimated by previous testing of the geological layers at the mine site.</p>
<p>For example, Adani’s model assigned one key layer (the <a href="https://asud.ga.gov.au/search-stratigraphic-units/results/16052">Rewan Formation</a>) much lower hydraulic conductivity values than actually indicated when consultants tested this layer.</p>
<p>This is critically important, as it is the main layer separating the coals that will be mined from shallower aquifers. CSIRO and GA’s conclusion was that this also caused the model to predict less drawdown at the Doongmabulla Springs than is likely in reality.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/traditional-owners-still-stand-in-adanis-way-115454">Traditional owners still stand in Adani's way</a>
</strong>
</em>
</p>
<hr>
<h3>3. Bore heights used to calibrate the model were incorrect</h3>
<p>According to the Australian Groundwater Modelling Guidelines, groundwater models should be <a href="http://www.ees.nmt.edu/outside/courses/hyd547/supplemental/MODFLOW_Tutorial/MODFLOW-ModelCalibration.pdf">calibrated</a>. This involves comparing predictions made by the model with already measured water levels and other field data. </p>
<p>Calibration fine-tunes models, ensuring they are capable of replicating known behaviour, before predicting future behaviour. Correcting errors identified in the heights of some bores used in the model resulted in a lower overall match between modelled and observed water levels from the site.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/271684/original/file-20190430-194620-1fm3zu3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The Carmichael River will be affected by Adani’s mine.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/lockthegatealliance/27058344078/in/photolist-fWRP8h-He45ZL-22zxaQu">Lock The Gate Alliance/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<h2>Significance of these issues</h2>
<p>These flaws are of major significance. If the model is corrected to address them, the review points out that the drawdown at the Doongmabulla Springs will in all likelihood be higher than <a href="https://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/factsheet-carmichael.pdf">required under Adani’s federal approval conditions</a>.</p>
<p>We have published <a href="https://www.sciencedirect.com/science/article/pii/S0022169417301774">peer-reviewed science</a> pointing out additional problems, which the review also noted. </p>
<p>A key uncertainty yet to be resolved is determining the predominant aquifers contributing water flow to the Doongmabulla Springs. It’s possible there exists a deeper source aquifer (rather than, or in addition to, the aquifer assumed by Adani). This has further implications for the level of impact the mine will have on the springs, and the effectiveness of the proposed monitoring program.</p>
<p>Adani was not required to address these problems prior to federal approval of its groundwater plans and is not required to do so until two years after mining activity begins (although, the Queensland government may yet require this). </p>
<p>This raises questions about the environmental approvals process, which currently allows major scientific issues to remain unresolved. Prior to approval, there are opportunities for scrutiny of a project’s impacts, which can result in major project modifications, strict operating conditions or even (in rare cases) rejection. Following approval, opportunities for independent scientific and public input and further modifications are far more limited.</p>
<h2>‘Adaptive management’ will not protect the Doongmabulla Springs</h2>
<p>In the decision reached by the Queensland Land Court following an <a href="http://envlaw.com.au/carmichael-coal-mine-case/">objection to the mine in 2014-15</a>, significant uncertainty about its future impacts was recognised. However, it was concluded “adaptive management” would nonetheless safeguard the Doongmabulla Springs. This argument was also the <a href="https://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/carmichael-statement-reasons.pdf">basis for federal approval</a> under the then environment minister, Greg Hunt. </p>
<p>But what is “adaptive management” and can it be meaningfully used here? We would argue no.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=338&fit=crop&dpr=1 600w, https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=338&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=338&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=424&fit=crop&dpr=1 754w, https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=424&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/271683/original/file-20190430-194623-rydl4w.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=424&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">The mine may cause the Doongmabulla Springs to cease flowing.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/lockthegatealliance/26041469627/in/photolist-FFckDD">Lock The Gate Alliance/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
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<p><a href="https://www.environment.nsw.gov.au/research/adaptive-management.htm">Adaptive management</a> is essentially when a company commits to flexibly changing its approach as it learns more about the environmental impact of its activities. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/why-does-the-carmichael-coal-mine-need-to-use-so-much-water-75923">Why does the Carmichael coal mine need to use so much water?</a>
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<p>However, there is a significant risk that the mine may cause the Doongmabulla Springs to irreversibly cease flowing. Adaptive management, as the US Department of the Interior <a href="https://pubs.er.usgs.gov/publication/70194537">points out</a>, cannot be used if decisions cannot be meaningfully revisited and modified. </p>
<p>Indeed, Adani has not defined substantive corrective measures for reversing future spring-flow impacts from mining – an essential element of adaptive management. It’s critical Adani puts forward its plan for dealing with these very real risks. Without a credible plan, regulators cannot hope to make an informed decision about the risk the mine poses to the Doongmabulla Springs.</p><img src="https://counter.theconversation.com/content/116161/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Adrian Werner has previously received funding from the Environmental Defenders Office (Qld) to serve as an expert witness in the Queensland Land Court case: "Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors (2015) QLC 48".</span></em></p><p class="fine-print"><em><span>Matthew Currell does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Adani has promised to fix its groundwater plan – but that might not be possible.Matthew Currell, Associate Professor in Environmental Engineering, School of Engineering, RMIT UniversityAdrian Werner, Professor of Hydrogeology, Flinders UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1154542019-04-17T03:31:06Z2019-04-17T03:31:06ZTraditional owners still stand in Adani’s way<figure><img src="https://images.theconversation.com/files/269689/original/file-20190417-147480-13wi7w0.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Traditional owners are contesting the validity of Adani’s land use agreement. </span> <span class="attribution"><span class="license">Author provided</span></span></figcaption></figure><p>Last week, federal environment minister Melissa Price approved Adani’s <a href="https://www.theguardian.com/business/2019/apr/09/coalition-approves-adani-groundwater-plan-despite-questions-over-modelling">groundwater management plan</a> for its proposed Carmichael mine.</p>
<p>However, Adani’s proposed mine remains highly contested and uncertain. A number of environmental plans are still waiting state approval, and the Queensland government will not extinguish native title over land Adani needs while outstanding Traditional Owners’ court action is unresolved.</p>
<p>Members of the Wangan and Jagalingou Traditional Owners Family Council (W&J Council) are contesting the validity of Adani’s Indigenous Land Use Agreement (ILUA). The case is due to be heard by the <a href="https://www.gratafund.org.au/traditional_owners_appeal_adani_mine">full bench of the Federal Court</a> in May. </p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/morrison-government-approves-next-step-towards-adani-coal-mine-115133">Morrison government approves next step towards Adani coal mine</a>
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</em>
</p>
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<h2>What was approved last week?</h2>
<p>Price’s approval decision last week refers to Adani’s plan to manage the impacts on ecosystems drawing on groundwater for the Carmichael mine. </p>
<p>The announcement follows <a href="https://www.afr.com/news/politics/national/we-won-t-rush-approvals-qld-20190409-p51cg6">apparent threats</a> from Price’s Queensland colleagues as pressure mounts to secure votes before the federal election. Queensland’s environment minister Leanne Enoch says the <a href="https://www.thesaturdaypaper.com.au/news/politics/2019/04/13/csiro-steps-back-adani-approval/15550776007968">approval</a> “reeks of political interference” and has called into question the integrity of Price’s decision; federal Labor is building a case to <a href="https://www.theguardian.com/environment/2019/apr/11/adani-coalmine-labor-builds-case-to-review-approval-of-groundwater-plan">review the decision</a>.</p>
<p><a href="https://www.thesaturdaypaper.com.au/news/politics/2019/04/13/csiro-steps-back-adani-approval/15550776007968">Serious concerns</a> have been raised by CSIRO and Geoscience Australia in a joint report. They warn that the modelling used by Adani underestimates the effect of the project on local bore water, and there’s real risk to the aquifer that feeds the environmentally significant and sacred site, the Doongmabulla Springs.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/why-are-we-still-pursuing-the-adani-carmichael-mine-85100">Why are we still pursuing the Adani Carmichael mine?</a>
</strong>
</em>
</p>
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<h2>The Doongmabulla Springs</h2>
<p>The <a href="https://www.abc.net.au/news/2018-03-21/adani-groundwater-plan-risks-permanent-damage-to-desert-springs/9569184">Doongmabulla Springs</a> are a nationally significant artesian spring complex of four square kilometres, located in close proximity to the proposed Carmichael mine, and part of a nationally threatened ecological community. This unique unspoiled arid oasis – fed by fresh groundwater – is under threat from the proposed Carmichael mine. </p>
<p>For W&J people, the Doongmabulla Springs are their most sacred site, from which the Rainbow Serpent, or Mundunjudra, travelled to shape the land. W&J Council cultural leader<a href="https://wanganjagalingou.com.au/federal-coalition-govt-corrupts-adani-water-approval-under-political-pressure-from-qld-lnp/">Adrian Burragubba</a> has said:</p>
<blockquote>
<p>The water is our life. It is our dreaming and our sovereignty. We cannot give that away. With this decision, the Commonwealth continues to violate our common law rights to our culture. Water is central to our laws, our religion and our identity. It is the Mundunjudra, the water spirit, the rainbow serpent.</p>
</blockquote>
<p>Minister Price’s approval – silencing scientific uncertainty of ground water impacts – affronts the W&J cultural custodians’ responsibilities as water protectors.</p>
<h2>State approval remains</h2>
<p>Minister Price’s support removes the last remaining federal hurdle to Adani’s mine, but there are still nine environmental issues waiting state approval. Among those is the Black-Throated Finch Management Plan, which prior assessment has determined as <a href="https://www.theguardian.com/business/2019/jan/22/adani-2000-hectares-black-throated-finch-habitat-removed-from-conservation-plans">inadequate</a> to protect the endangered Black Throated Finch population. </p>
<p>Adani must also obtain state approval for its Groundwater Dependent Ecosystem Management Plan. Enoch, as state environment minister, has called out uncertainties in the science related to each of these plans. She has also stressed that these decisions will not be rushed.</p>
<p>Nor has Adani submitted its revised railway plans for assessment, or finalised royalty arrangements. Adani asserts these arrangements need not be concluded before “breaking ground” in central Queensland. This is a risky proposition, given that outstanding approvals could delay or substantially compromise the mine.</p>
<h2>Contested agreement with traditional owners</h2>
<p>Last year the Federal Court <a href="https://www.abc.net.au/news/2018-08-17/adani-federal-court-traditional-owners-native-title/10131920">upheld</a> the registration of the Adani ILUA, which allows the Queensland government to extinguish W&J peoples native title to give Adani freehold title to 2,750 hectares of land required for “critical infrastructure” for its mine operations. </p>
<p>But the W&J Council has appealed that decision, alleging Adani manipulated the native title process, including by stacking and controlling a meeting to achieve an agreement in the face of numerous prior rejections of their land deal. They say the deal should never have been certified. </p>
<p>The appeal will be heard by the full bench of the Federal Court in May. The Queensland government has <a href="https://www.theguardian.com/environment/2019/apr/11/adanis-carmichael-coalmine-what-happens-next">indicated</a> it will not exercise its ability to extinguish native title rights while the matter is outstanding. Nor are they obliged to, even if the registration is upheld. But if the W&J leaders are successful in their appeal, Adani will suffer a major blow, with compulsory native title extinguishment being the only option open to the Queensland government to support the mine. </p>
<p>W&J Council’s resistance is particularly remarkable given the extent to which political and legal institutions and processes are stacked against them. They highlight the limits of the ILUA authorisation process, and the failure of the native title system for their people.</p>
<p>The native title regime denies Indigenous peoples’ <a href="https://theconversation.com/native-title-and-australias-resource-boom-a-lost-opportunity-2725">right to veto</a> proposed development on their lands, facilitates mining and other forms of development, and is backed up by the threat of compulsory state acquisition. We have <a href="https://newmatilda.com/2018/01/30/native-title-colonialism-racism-adani-and-the-manufacture-of-consent-for-mining/">previously argued</a> the <a href="https://www.academia.edu/38107547/Securing_territory_for_mining_when_Traditional_Owners_say_no_the_exceptional_case_of_Wangan_and_Jagalingou_in_Australia">federal government</a> has a long history of prioritising mining development over Indigenous rights through native title. </p>
<p>These dynamics have been described by United Nations Monitoring Committee on the Elimination of all forms of Racial Discrimination as <a href="https://gci.uq.edu.au/filething/get/14800/B%20Coyne%20-%20Revised%20EPLA%20Keynote%20Speech%202017%20-%20Indigeneity%20and%20Human%20Rights%20-%208.11..2017-1.pdf">racially discriminatory</a>. Australia’s first Indigenous senior counsel, and Wangan and Jagalingou traditional owner Tony McAvoy, has similarly called the system out for “<a href="https://www.sydneycriminallawyers.com.au/blog/the-bias-in-the-native-title-system-an-interview-with-barrister-tony-mcavoy-sc/">embedding racism</a>”.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/how-will-indigenous-people-be-compensated-for-lost-native-title-rights-the-high-court-will-soon-decide-102252">How will Indigenous people be compensated for lost native title rights? The High Court will soon decide</a>
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<h2>Affirming Aboriginal authority</h2>
<p>By challenging dominant Australian political institutions and foregrounding their commitment to protecting ancestral homelands, W&J Council highlight that settler state authority is not the only form of law operating on the Australian continent. The W&J Council continues to assert its members’ right to oppose mining on their homelands as part of their defence of country and culture. </p>
<p>While their efforts are under-reported, as mainstream media focuses on outstanding state-based approvals for the Adani mine, their campaign represents a resurgence of Aboriginal rights in the face of settler state institutions. </p>
<p>Regardless of the outcome of the pending Federal Court appeal, the W&J Council is affirming Aboriginal authority and unsettling the settler state and its service to the mining industries.</p><img src="https://counter.theconversation.com/content/115454/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kristen Lyons has received funding through the Global Change Institute's Flagship Program at the University of Queensland and is a member of the Australian Greens. </span></em></p><p class="fine-print"><em><span>Morgan Brigg has received funding from through the Global Change Institute’s Flagship Program at The University of Queensland.</span></em></p>An appeal to the full court of the Federal Court still stands in the way of Adani’s proposed Carmichael coal mine.Kristen Lyons, Professor Environment and Development Sociology, The University of QueenslandMorgan Brigg, Associate Professor, Peace and Conflict Studies, The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1000052018-11-14T19:02:11Z2018-11-14T19:02:11Z‘Keep it in the ground’: what we can learn from anti-fossil fuel campaigns<p>From the <a href="https://en.wikipedia.org/wiki/Fossil_fuel_divestment">fossil fuel divestment movement</a> to the <a href="https://www.stopadani.com/">Stop Adani campaign</a>, in recent years we’ve seen a wave of climate activism that <a href="https://link.springer.com/article/10.1007/s10584-017-2134-6">directly</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/14693062.2017.1394255">targets</a> <a href="https://www.routledge.com/Activism-and-the-Fossil-Fuel-Industry/Cheon-Urpelainen/p/book/9781783537549">fossil fuels</a> — both the infrastructure used to produce, transport and consume them, and the corporations that finance, own and operate that infrastructure. </p>
<p>What makes targeting fossil fuels so attractive for activists, and can we learn anything from them?</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-fossil-fuel-divestment-game-is-getting-bigger-thanks-to-the-smaller-players-65109">The fossil fuel divestment game is getting bigger, thanks to the smaller players</a>
</strong>
</em>
</p>
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<h2>Failure to launch</h2>
<p>Climate change became a topic of mainstream international concern in the early 1990s. For the first two decades of international climate cooperation, until the failed Copenhagen climate conference in 2009, the international environment movement embraced a more <a href="https://insidestory.org.au/the-failure-of-treaties-targets-and-trading-and-the-future-of-australian-climate-policy/">“technocratic” approach</a>. Professionally-staffed environment groups made technical arguments aimed at persuading politicians and the public to adopt global climate treaties, national greenhouse gas emission reduction targets, and complex market-based policy mechanisms such as emissions trading schemes.</p>
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<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/the-too-hard-basket-a-short-history-of-australias-aborted-climate-policies-101812">The too hard basket: a short history of Australia's aborted climate policies</a>
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</em>
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<p>All of these things, if sufficiently stringent, would have been great if they were politically possible. But the groups advocating them were politically weak; they had few <a href="https://www.tandfonline.com/doi/abs/10.1080/09644010903157032?casa_token=bXTZx_nT-24AAAAA:tiAlti-VnkqzxdJvXMPKcj9VkPqS4Q_NV-yLRPztXrRPaQjO05EktXSG7zLVZJLlnTIDxJwYbEFu">political resources</a>. Consequently, in the competition to influence policy they were systematically outgunned by the fossil fuel industry. </p>
<p>Not only did the environment movement lack money and power over the economy, they lacked public support for their policy agenda. While public concern for climate change throughout this period was widespread, it was shallow. It was a political priority for <a href="https://mitpress.mit.edu/books/cheap-and-clean">few people</a>, and <a href="https://www.annualreviews.org/doi/abs/10.1146/annurev-polisci-052615-025801">fewer still</a> were willing to take to the streets to demand strong, urgent action. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=502&fit=crop&dpr=1 754w, https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=502&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/245481/original/file-20181114-194513-1put4cw.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=502&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">A protestor at the coal port in Newcastle.</span>
<span class="attribution"><span class="source">BREAK FREE NEWCASTLE</span></span>
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</figure>
<h2>Why fossil fuels resonate</h2>
<p>Compared with such ineffective climate activism, the present wave of anti-fossil fuel politics has an important advantage: it resonates better with ordinary people.</p>
<p>First, fossil fuels and associated infrastructure are readily understood by lay audiences. In contrast, concepts such as greenhouse gases, “2°C average warming”, and “350 ppm” are abstract, technical constructions <a href="https://elibrary.worldbank.org/doi/abs/10.1596/1813-9450-6282">not readily grasped</a> by laypersons. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/a-matter-of-degrees-why-2c-warming-is-officially-unsafe-42308">A matter of degrees: why 2C warming is officially unsafe</a>
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</em>
</p>
<hr>
<p>Second, whereas the harms caused by climate change are <a href="http://journals.sagepub.com/doi/10.1177/1745691615598516">hard to understand and (perceived to be) remote</a> from their cause in time and space, the production, transport and consumption of fossil fuels cause and are <a href="https://mitpress.mit.edu/books/cheap-and-clean">popularly associated with</a> a range of other harms on top of climate change. </p>
<p>These include: local <a href="https://www.ucsusa.org/clean-energy/coal-and-other-fossil-fuels/hidden-cost-of-fossils#.W-lI_JMzY2w">environmental</a>, <a href="https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(09)61715-3/fulltext">health</a> and other <a href="https://www.cambridge.org/core/journals/mrs-energy-and-sustainability/article/social-and-economic-consequences-of-the-fossil-fuel-supply-chain/181CB4D021BA549E64D87B667D3FB987">socio-economic</a> <a href="https://www.sciencedirect.com/science/article/pii/S0301421514003334">impacts</a>, as well as <a href="https://theconversation.com/revealed-the-extent-of-job-swapping-between-public-servants-and-fossil-fuel-lobbyists-88695">corruption</a>, <a href="https://www.salon.com/2013/08/08/the_fossil_fuel_industrys_secret_war_on_environmental_activists_partner/">repression</a>, <a href="https://www.theguardian.com/global-development/2017/nov/28/amnesty-seeks-criminal-inquiry-into-shell-over-alleged-complicity-in-murder-and-torture-in-nigeria">human rights abuses</a> and other <a href="https://www.sciencedirect.com/science/article/pii/S2214629618306698">injustices along the supply chain</a>. Most of these affect people living or working close to fossil fuel infrastructure such as mines, pipelines and coal-fired power stations.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/245483/original/file-20181114-194513-et01um.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Local communities faced health problems when the Hazelwood coal mine caught fire in 2014.</span>
<span class="attribution"><span class="source">COUNTRY FIRE AUTHORITY</span></span>
</figcaption>
</figure>
<p>Surveys about energy sources in <a href="http://www.pewresearch.org/fact-tank/2017/01/23/two-thirds-of-americans-give-priority-to-developing-alternative-energy-over-fossil-fuels/">the</a> <a href="https://mitpress.mit.edu/books/cheap-and-clean">US</a> <a href="https://www.theguardian.com/commentisfree/2017/feb/21/the-canberra-coal-club-ignores-what-most-people-know-the-future-will-be-clean-and-smart?CMP=share_btn_fb">and</a> <a href="http://www.tai.org.au/sites/default/files/180911%20-%20Climate%20of%20the%20Nation%202018%20%5BPRINT%5D.pdf">Australia</a>, for example, support the claim that fossil fuels are unpopular. In China, local air pollution caused by fossil fuels is one of the biggest <a href="http://www.pewglobal.org/2016/10/05/chinese-public-sees-more-powerful-role-in-world-names-u-s-as-top-threat/">public concerns</a>. And <a href="https://www.routledge.com/Activism-and-the-Fossil-Fuel-Industry/Cheon-Urpelainen/p/book/9781783537549">case</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/1523908X.2015.1053111?journalCode=cjoe20">studies</a> from various countries <a href="https://www.sciencedirect.com/science/article/pii/S0301421516302567?via%3Dihub">indicate</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/00141840903202132">the</a> <a href="https://doi.org/10.1038/nclimate3236">potential</a> for proposed fossil fuel infrastructure to generate strong local opposition, social conflict, and wider media attention. </p>
<p>Third, targeting fossil fuels helps to personalize the causes of climate change. One of the reasons climate change is not psychologically salient to most people is that it is typically perceived to be an unintentional side-effect of the everyday actions of billions of people. This makes it <a href="https://doi.org/10.1038/nclimate1378">hard for us to attribute blame</a>. </p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/unburnable-carbon-why-we-need-to-leave-fossil-fuels-in-the-ground-40467">Unburnable carbon: why we need to leave fossil fuels in the ground</a>
</strong>
</em>
</p>
<hr>
<p>But the fossil fuel industry is <a href="https://link.springer.com/article/10.1007/s10584-015-1472-5">disproportionately responsible</a> for our dependence on emissions-intensive energy. Targeting the industry helps to <a href="https://static1.squarespace.com/static/5a6355a0a8b2b0e6e97bc8be/t/5a70594ee2c4831f5bb0d52f/1517312338836/The+Normative+Foundations+of+Climate+Legislation_pre-print+version.pdf">concentrate moral pressure</a> on these more culpable agents and <a href="https://www.annualreviews.org/doi/abs/10.1146/annurev-polisci-052615-025801">stokes</a> the <a href="https://www.rollingstone.com/politics/politics-news/global-warmings-terrifying-new-math-188550/">indignation</a> that fuels climate activism.</p>
<p>Among anti-fossil fuel campaigns, the fossil fuel divestment movement aims most <a href="https://www.tandfonline.com/doi/full/10.1080/09644016.2017.1413725?src=recsys">directly and explicitly</a> to delegitemise the fossil fuel industry.
<a href="https://doi.org/10.1177/1086026617744278">Studies</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/14693062.2015.1094729?journalCode=tcpo20">show</a> <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/lapo.12085">that</a> <a href="https://muse.jhu.edu/article/610671/summary">the</a> <a href="https://www.mdpi.com/2071-1050/10/7/2529">divestment</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/13549839.2015.1009825?casa_token=mDOBh-G3kRQAAAAA:_BhEt1Ia0Lb1ZyWXdqXf-83sHyuFlcdBKMeyzPkt174H5st_Nv8gmyF_JtxrxkV7oZ7SxUIqT_01">movement</a> <a href="https://www.tandfonline.com/doi/abs/10.1080/13549839.2016.1256382?casa_token=2KGD4qx6-UoAAAAA:n27JQON_eAzk7M8qGTniRqrg7mi4rmZgpjScLnm8vMiMKxVxpTDtbw0tjFhQTNxB0-3sYuZOQwYY">has</a>, in a very short time, had a revitalising effect on climate activism through the mobilisation of young people, and improved wider public discourse toward climate change action, among other beneficial effects.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/245482/original/file-20181114-194488-hmu985.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Divestment protesters at UNSW in Sydney.</span>
<span class="attribution"><span class="source">DANNY CASEY</span></span>
</figcaption>
</figure>
<p>Targeting fossil fuels also has advantages when it comes to the <a href="https://link.springer.com/article/10.1007/s10584-017-2134-6#Sec3">other elements of successful social movement activism</a> — resource accumulation, alliance-building, and sustaining participants’ enthusiasm over time. </p>
<h2>A necessary part of climate politics</h2>
<p>Targeting fossil fuels is not the only way to build more successful movements around climate action. Campaigns providing a more positive vision around renewable energy, for example, have also been successful in mobilising grassroots support, and are a crucial component in contemporary climate activism. And successful grassroots mobilisation is not everything: elite politics and international relations also greatly affect climate policy.</p>
<p>But building wide and deep social movements committed to urgent climate action is a necessary element of the political task before us. As the rising tide of anti-fossil fuel activism shows, if campaigners work with the grain of ordinary human motivation, drawing on what we know about the psychology and sociology of social movements, then they are in with a fighting political chance.</p><img src="https://counter.theconversation.com/content/100005/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Fergus Green is currently writing a discussion paper (pro bono) for The Australia Institute in connection with the politics and governance of fossil fuels.</span></em></p>Anti-fossil fuel activism is gaining ground where previous climate campaigns have failed, largely because it resonates better with people.Fergus Green, PhD Candidate in Political Theory, Department of Government, London School of Economics and Political ScienceLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/918212018-02-14T19:08:22Z2018-02-14T19:08:22ZLatest twist in the Adani saga reveals shortcomings in environmental approvals<figure><img src="https://images.theconversation.com/files/206336/original/file-20180214-174959-14v10ys.jpg?ixlib=rb-1.1.0&rect=0%2C0%2C2048%2C1391&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Adani faces court over allegations of concealing the amount of coal water released in Caley Valley Wetlands last year. </span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/22616984@N07/16276786374/in/photolist-o9mxMc-Z3qNnD-rsSymg-qNjMvQ">Ian Sutton/flickr</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc-sa/4.0/">CC BY-NC-SA</a></span></figcaption></figure><p>It was <a href="http://www.abc.net.au/news/2018-02-13/government-considered-prosecution-against-adani/9423152">reported this week</a> that the federal Environment Department declined to prosecute Adani for failing to disclose that its Australian chief executive, Jeyakumar Janakaraj, was formerly the director of operations at a Zambian copper mine when it discharged toxic pollutants into a major river. Under the federal <a href="http://www.environment.gov.au/epbc">Environmental Protection Biodiversity Conservation Act</a>, Adani is required to reveal the environmental history of its chief executive officers, and the federal report found Adani “may have been negligent”. </p>
<p>The revelations come as Adani faces down the Queensland government in the planning and environment court, over allegations the company <a href="https://www.theaustralian.com.au/news/nation/resources-giant-adani-faces-environmental-evaluation-over-abbot-point/news-story/0d49da399374c27c201ca559f4e40825">concealed the full amount of coal-laden water</a> discharged into the fragile Caley Valley Wetlands last year. </p>
<p>These concerns highlight some fundamental problems with the existing regulatory framework surrounding the long term utility and effectiveness of environmental conditions in upholding environmental protections for land impacted by mining projects.</p>
<h2>How effective are environmental conditions?</h2>
<p>In 2016, the federal government granted Adani a 60-year mining licence, as well as <a href="https://www.theguardian.com/environment/2017/apr/05/irreversible-consequences-adani-coalmine-granted-unlimited-water-access-for-60-years">unlimited access to groundwater for that period</a>. </p>
<p>These licences were contingent on Adani creating an environmental management plan, monitoring the ongoing impact of its mining activities on the environment, and actively minimising environmental degradation.</p>
<p>But are these safeguards working?</p>
<p>In 2015 Advocacy group <a href="https://www.envirojustice.org.au/">Environmental Justice Australia</a> reported several <a href="https://envirojustice.org.au/sites/default/files/files/envirojustice_adani_environmental_report.pdf">non-compliance issues</a> with the Abbott Point Storm Water Dam, such as pest monitoring, weed eradication, establishing a register of flammable liquids, and implementation of the water monitoring plan.</p>
<p>More recently, in late 2017, <a href="https://www.theguardian.com/business/2017/sep/20/adanis-abbot-point-coal-spill-contaminated-wetlands-report-finds">significant amounts</a> of black coal water were discovered in the fragile Caley Valley Wetlands next to the mine. Adani stands accused of withholding the full extent of the spill, redacting a <a href="https://www.theaustralian.com.au/news/nation/resources-giant-adani-faces-environmental-evaluation-over-abbot-point/news-story/0d49da399374c27c201ca559f4e40825">laboratory report</a> showing higher levels of contamination.</p>
<p>Adani seems to have <a href="http://www.smh.com.au/business/mining-and-resources/adani-fined-12000-for-abbot-point-coal-terminal-stormwaters-breach-20170810-gxtxmd.html">released coalwater into the wetland</a> despite it being a condition of its environmental approval that it takes sufficient care to avoid contamination. Its A$12,000 penalty for non-compliance is relatively small compared with the company’s operating costs.</p>
<p>In this instance, the environmental conditions have provided no substantive protection or utility. They have simply functioned as a convenient fig leaf for both Adani and the government.</p>
<h2>Who is responsible for monitoring Adani?</h2>
<p>Adani’s proposed mine falls under both state and federal legislation. Queensland’s <a href="https://www.legislation.qld.gov.au/view/html/inforce/current/act-1994-062">Environmental Protection Act</a> requires the holder of a mining lease to plan and conduct activities on site to prevent any potential or actual release of a hazardous contaminant. </p>
<p>Furthermore, the relevant environmental authority must make sure that hazardous spills are cleaned up as quickly as possible.</p>
<p>But as a project of “national environmental significance” (given its potential impact on water resources, threatened species, ecological communities, migratory species, world heritage areas and national heritage places), the mine also comes under the federal <a href="http://www.environment.gov.au/epbc">Environmental Protection Biodiversity Conservation Act</a>.</p>
<p>Federal legislation obliges Adani to create an environmental management plan outlining exactly how it plans to promote environmental protection, and to manage and rehabilitate all areas affected by the mine.</p>
<p>Consequently, assessment of the environmental impact of the mine was conducted under a bilateral agreement between the both the federal and state regulatory frameworks. This means that the project has approval under both state and federal frameworks.</p>
<p>The aim is to reinforce environmental protection however in many instances there are significant problems with a lack of clear delineation with respect to management, monitoring and enforcement.</p>
<h2>Does the system work?</h2>
<p>Theoretically, these interlocking frameworks should work together to provide reinforced protection for the environment. The legislation operates on the core assumption that imposing environmental conditions minimises the environmental degradation from mining. However, the bilateral arrangement can often mean that the responsibility for monitoring matters of national environmental significance devolves to the state and the environmental conditions imposed at this level are ineffectively monitored and enforced and there is no public accountability.</p>
<p>Arguably, some environmental conditions hide deeper monitoring and enforcement problems and in so doing, actually <a href="http://www.abc.net.au/news/2017-08-11/adani-avoids-multi-million-dollar-fine-over-sediment-water/8796178">exacerbate environmental impacts</a>. </p>
<p>For example, it has been alleged that Adani altered a laboratory report while appealing its fine for the contamination of the Caley Valley Wetlands, with the original document reportedly showing much higher levels of contamination. The allowable level of coal water in the wetlands was 100 milligrams. The original report indicated that Adani may have released up to 834 milligrams. This was subsequently modified in a follow-up report and the matter is currently under investigation. </p>
<p>If established, this amounts to a disturbing breach with potentially devastating impacts. It highlights not only the failure of the environmental condition to incentivise behavioural change, but also a fundamental failure in oversight and management. </p>
<p>If environmental conditions are not supported by sufficient monitoring processes and sanctions, they have little effect.</p>
<p>Environmental conditions are imposed with the aim of managing the risk of environmental degradation by mining projects. However, their enforcement is too often mired by inadequate andopaque enforcement and oversight procedures, a lack of transparency and insufficient public accountability </p>
<p>While the <a href="https://www.theguardian.com/environment/2018/feb/05/labor-weighs-adani-options-as-canavan-says-australia-needs-to-get-these-jobs-going">Queensland Labor government</a> considers whether to increase the regulatory pressures on Adani, by subjecting them to further EPBC Act triggers such as the water resource trigger or the implementation of a new climate change trigger, perhaps the more fundamental question is whether these changes will ultimately improve environmental protection in the absence of stronger transparency and accountability and more robust management and enforcement processes for environmental conditions attached to mining projects.</p><img src="https://counter.theconversation.com/content/91821/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Samantha Hepburn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The federal government considered prosecuting Adani’s potential environmental negligence over the history of its Australian CEO.Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/881482017-11-28T04:16:48Z2017-11-28T04:16:48ZThe Queensland election outcome is a death knell for Adani’s coal mine<p>The coal mine proposed for Queensland’s Galilee Basin by Indian mining giant Adani has been a moveable feast, with many stories about its scale, purpose, financing, job prospects, and commerciality. The prospect of a return of the Palaszczuk government in Queensland is effectively the death knell for the project.</p>
<p>Labor has so pledged to block a concessional, taxpayer-funded loan, while embracing a significantly expanded program to develop regional solar thermal power in the state.</p>
<p>It seems the proposal has been reduced in scale, with the original A$21 billion plan reined back to just its initial stage, costing about A$5 billion. Its purpose has changed from exporting coal to India’s Adani Power, to now possibly shipping coal to Bangladesh and Pakistan. Its job prospects are confusing with early estimates well in excess of 10,000, <a href="https://theconversation.com/infographic-heres-exactly-what-adanis-carmichael-mine-means-for-queensland-87684">down more recently to fewer than 1,500</a>, after Adani admitted that the mine’s operations will be heavily automated. </p>
<p>The project’s financing has been under a continuous cloud given the scale of the debts of the <a href="https://theconversation.com/unpicking-the-labyrinth-that-is-indias-adani-74552">Adani Group</a>, and the reluctance of global banks in a world transitioning to low-emission technologies. All of this is complicated by the potential for concessional finance from the Northern Australia Infrastructure Fund (NAIF) and Chinese money. As a high-cost, low-grade coal project, its commerciality has bounced around, given variations in “<a href="https://www.investopedia.com/terms/o/offtake-agreement.asp">offtake prices</a>” and expectations on coal futures prices.</p>
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Read more:
<a href="https://theconversation.com/why-big-projects-like-the-adani-coal-mine-wont-transform-regional-queensland-86622">Why big projects like the Adani coal mine won't transform regional Queensland</a>
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<p>The <a href="http://ieefa.org/wp-content/uploads/2017/04/Adani-Remote-Prospects-Carmichael-Status-Update-2017_April-2017_SN.pdf">latest version</a> is that the project has been scaled down from some 60 million tonnes per year (mtpa) to about 25mtpa, requiring an extra investment of some A$2 billion for the mine development, and A$3.3 billion for the rail link to the export terminal at Abbot Point, but avoiding the need to expand Abbot Point. Adani Enterprises is already financially strapped, with net debt exceeding market capitalisation, and the Adani family needing to refinance Abbot Point. The Adani family has already spent some A$3.5 billion on acquiring the deposit and developing their Australian project to date.</p>
<p>So with virtually no capacity to inject additional equity, the focus is on whether even this scaled-down proposal can be financed by additional debt? This is why a government-sponsored concessional loan of up to A$1 billion from the NAIF to build the rail link has been seen as crucial to the project moving forward. It could be accepted by potential financiers as low-cost, high-risk “quasi equity”. It would also effectively hand Adani a monopoly position in standard gauge rail, in turn creating monopoly conditions at Abbot Point.</p>
<p>A more recent constraint on sentiment towards to the project has come from the Indian government’s rapidly changing attitudes to future power generation, accelerating the transition from coal-fired power to renewables. <a href="https://timesofindia.indiatimes.com/business/india-business/india-can-achieve-200-gw-renewable-energy-by-2022-r-k-singh/articleshow/61785144.cms">Recent statements by RK Singh</a>, India’s Minister of Power and New and Renewable Energy have confirmed that India can exceed its target of 275 gigawatts of renewable energy by 2027, a massive shift from its historic reliance on coal. </p>
<p>This accelerates the likely end to coal imports by India, which has seen the Adani project seek alternative markets in Bangladesh and Pakistan.</p>
<p>Indeed, there is now <a href="http://ieefa.org/wp-content/uploads/2017/04/Adani-Remote-Prospects-Carmichael-Status-Update-2017_April-2017_SN.pdf">documentary evidence</a> of an electricity offtake agreement with the Bangladeshi government’s power board, setting a contractual “cost plus plus” supply of low-quality imported coal delivered at prices that are likely to approach 50% above the current coal spot price. But even at the current futures price of about US$80 per tonne, the Carmichael mine could be cashflow-positive.</p>
<h2>Funding the Carmichael mine</h2>
<p>Can the Adani group hope to raise the necessary additional debt? This is a two-pronged challenge – the family needs to refinance Abbot Point requiring some A$1.5 billion over the next 12 months, and the A$5 billion-plus project itself. </p>
<p>It looks like the family had to enlist the services of second-tier investment bank Jeffries to initiate a bond refinancing for Abbot Point - to be rated just above junk bond status. However, Jefferies <a href="http://www.afr.com/street-talk/jefferies-leaps-to-adanis-aid-for-us500m-bond-issue-20171010-gyyc7j">reportedly pulled out</a> within a week, its reasoning unstated. </p>
<p>With some 20 to 30 global banks, including Australia’s big four, having ruled out financing the mine, and Indian banks strapped for capacity, the focus has shifted to Chinese group CMEC as a potential financier, against likely Bangladesh or Pakistani alternatives. However, even with such offtake agreements the project’s longer–term viability is questionable.</p>
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Read more:
<a href="https://theconversation.com/the-future-of-australian-coal-an-unbankable-deposit-77021">The future of Australian coal: an unbankable deposit</a>
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<p>Obviously the Chinese Communist Party, and other Chinese authorities, will need to think carefully about the potential consequences of getting involved now that the project lacks direct financial support from state and federal governments in Australia. This is especially so when the issue of Chinese influence and involvement in Australia generally, and in our politics specifically, is becoming controversial.</p>
<p>I also suspect that the federal Labor opposition may now adopt a position against the Adani project, in light of Queensland’s state election result.</p>
<p>The bottom line for financing is an assessment of the longer-term risks with Adani Enterprises, the family, and the project. Both the company and the family are already heavily exposed financially, and the project is a high-cost, high-risk one. </p>
<p>Bearing in mind the Paris climate agreement, the rapidly falling costs of reliable renewables, and India’s shifting energy strategy, the development of any new coal mine is certainly a very big call. </p>
<p>I suspect that the Adani project is already a stranded asset, and definitely not worthy of either Australian taxpayer support or Chinese investment.</p>
<h2>Interactive: what the Adani coal mine means for Queensland</h2>
<p><iframe src="https://cdn.theconversation.com/infographics/134/1cbeb15f9237d4fbc13472fb72fa7981bc16961f/site/index.html" frameborder="0" height="600" width="100%"></p>
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<p><em>This article has been corrected since publication, to read million not metric tonnes per year.</em></p></iframe></p><img src="https://counter.theconversation.com/content/88148/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>John Hewson is chair of the Asset Owners Disclosure Project, and was federal leader of the Liberal Party from 1990 to 1994. John has mix of financial interests in clean coal tech, base load solar thermal and a range of alternative technologies.</span></em></p>The Adani project is already a stranded asset, and definitely not worthy of taxpayer support, or the risks to the Chinese of any involvement.John Hewson, Professor and Chair, Tax and Transfer Policy Institute, Crawford School of Public Policy, Australian National UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/876842017-11-21T19:29:08Z2017-11-21T19:29:08ZInfographic: here’s exactly what Adani’s Carmichael mine means for Queensland<figure><img src="https://images.theconversation.com/files/196408/original/file-20171126-21798-17a10um.png?ixlib=rb-1.1.0&rect=36%2C0%2C1311%2C665&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">The board of Indian mining firm Adani has approved its A$16 billion Carmichael coal mine.</span> </figcaption></figure><p><em>This Saturday, Queenslanders will go to the ballot box for an election. One of the biggest issues is the controversial Carmichael coal mine proposed by Indian mining giant Adani. Here’s what it means for Queensland, Australia and the world if the mine goes ahead.</em> </p>
<p><iframe src="https://cdn.theconversation.com/infographics/134/1cbeb15f9237d4fbc13472fb72fa7981bc16961f/site/index.html" frameborder="0" height="600" width="100%"></p></iframe></p><img src="https://counter.theconversation.com/content/87684/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>April Reside receives funding from NESP Threatened Species Recovery Hub. She is a scientific advisor for the Black-throated Finch Recovery Team and is on Birdlife Australia's Research and Conservation Committee.</span></em></p><p class="fine-print"><em><span>Samantha Hepburn and Tony Wood do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Here’s what it means for Queensland, Australia and the world if the mine goes ahead.Michael Hopkin, Deputy Chief of Staff, The ConversationMadeleine De Gabriele, Deputy Editor: Energy + EnvironmentWes Mountain, Social Media + Visual Storytelling EditorLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/856712017-10-25T03:21:45Z2017-10-25T03:21:45ZAdani’s post-truth push for the Carmichael mine<p><em>This article is part of an <a href="https://theconversation.com/au/topics/post-truth-initiative-38606">ongoing series</a> from the <a href="https://posttruthinitiative.org/">Post-Truth Initiative</a>, a Strategic Research Excellence Initiative at the University of Sydney. The series examines today’s post-truth problem in public discourse: the thriving economy of lies, bullshit and propaganda that threatens rational discourse and policy.</em></p>
<p><em>The project brings together scholars of media and communications, government and international relations, physics, philosophy, linguistics and medicine, and is affiliated with the Sydney Social Sciences and Humanities Advanced Research Centre (<a href="http://chcinetwork.org/sydney-social-sciences-and-humanities-advanced-research-centre-sssharc">SSSHARC</a>), the <a href="http://sydney.edu.au/environment-institute/">Sydney Environment Institute</a>and the <a href="http://sydneydemocracynetwork.org/">Sydney Democracy Network</a>.</em></p>
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<p>“Post-truth”, defined as “relating to or denoting circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief”, was the Oxford Dictionary’s <a href="https://en.oxforddictionaries.com/word-of-the-year/word-of-the-year-2016">2016 Word of the Year</a>, selected as a hallmark of the times in the US and UK. (Macquarie Dictionary chose “fake news” as its <a href="https://www.macquariedictionary.com.au/news/view/article/431/">2016 Word of the Year</a>.) </p>
<p>Yet post-truth politics and “<a href="https://beta.theglobeandmail.com/arts/word-of-the-year-truthiness/article701949/?ref=http://www.theglobeandmail.com&">truthiness</a>”, a term Stephen Colbert <a href="https://www.theguardian.com/tv-and-radio/2014/dec/18/colbert-report-10-best-moments">coined in 2005</a>, are not solely British and American phenomena. “Truthiness” is rampant in Australia too. The debate about the proposed Adani Carmichael mine in central Queensland shows how truthiness has become part of Australian political discourse.</p>
<p>How can a coal mine be subject to a regime of “truthiness”? A decision to build a greenfield megamine would appear to come down to the facts, with the known harms weighed against the potential benefits. Yet we can identify three distinct traits in official discourses around the Adani mine that show truthiness at work.</p>
<h2>Appeal to emotion and ‘gut feelings’</h2>
<p>First, “truthiness” replaces a reliance on facts with appeals to emotion and a logic of “gut feelings”.</p>
<p>One of the champions of this form of logic is Tony Abbott. As prime minister, he faced criticism from environmentalists after opening a coal mine and <a href="http://www.smh.com.au/federal-politics/political-news/coal-is-good-for-humanity-says-tony-abbott-at-mine-opening-20141013-115bgs.html">declaring</a>: </p>
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<p>Coal is good for humanity, coal is good for prosperity, coal is an essential part of our economic future, here in Australia, and right around the world.</p>
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<p>Earlier in 2014, he had <a href="http://pmtranscripts.pmc.gov.au/release/transcript-23528">said</a> that “it is our destiny in this country to bring affordable energy to the world”.</p>
<p>In addition to the feel-good narrative of coal as national saviour, politicians have argued that Australia’s coal will help the world solve environmental problems, rather than making them worse. </p>
<p>An excellent example of this reasoning comes again from the former prime minister on his visit to India in September 2014. There, echoing the Adani chief executive, Abbott <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;adv=yes;orderBy=date-eFirst;page=0;query=Dataset%3Apressrel%20Decade%3A%222010s%22%20Year%3A%222014%22%20Month%3A%2209%22%20adani%20OtherSource_Phrase%3A%22prime%20minister%22;rec=1;re">argued</a> that the Carmichael mine could improve Indian living standards and cut carbon emissions by providing “clean coal”. </p>
<p>Using this same emotional logic, the government later <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansards%2Fc3d90ba0-0cf0-40f5-b619-9d3ed6ad10bf%2F0099%22">told parliament</a> that opening the southern hemisphere’s largest coalmine would actually cut carbon pollution.</p>
<h2>Create doubt about facts – or make them up</h2>
<p>A second component of “truthiness” is the practice of deliberately presenting empirical facts as debatable, uncertain or political – or simply lying. The best examples of lying are the claims of the mine’s benefits to Queensland and Australia.</p>
<p>Most common are references to the number of jobs the Carmichael mine will provide to the Queensland economy, where the employment situation is portrayed as desperate. </p>
<p>For instance, Queensland federal MP Michelle Landry <a href="http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22chamber%2Fhansardr%2Fc737e440-6de7-4ab7-a383-e9cc80648ecf%2F0198%22">claimed</a>: </p>
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<p>The Adani Carmichael coalmine offers up to 10,000 new jobs, mainly in Queensland; A$20 billion of investment in Australia; and power, to build the living standards of 100 million people in India.</p>
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<p>In fact, Jerome Fahrer, who prepared an economic assessment of the Carmichael mine for Adani, <a href="http://envlaw.com.au/wp-content/uploads/carmichael43A.pdf">admitted in court</a> that it will create an average of 1,464 direct and indirect jobs over the life of the project. Yet virtually every mine supporter has since 2014 repeated an <a href="http://www.theaustralian.com.au/business/business-spectator/fact-check-will-adanis-coal-mine-really-boost-employment-by-10000-jobs/news-story/903c1932738b1d1a1763c74e45f4d7c7">incorrect figure of 10,000 new jobs</a>. They include the <a href="http://webcache.googleusercontent.com/search?q=cache:jWlDdY7NGqAJ:www.theaustralian.com.au/national-affairs/foreign-affairs/adani-mine-has-huge-economic-benefits-for-australia-turnbull-says/news-story/76322acfc4bed6073f1f4b6c2001676d+&cd=1&hl=en&ct=clnk&gl=au">prime minister</a>, the <a href="https://www.theguardian.com/environment/2015/aug/17/george-brandis-vigilante-green-groups-destroying-thousands-of-mining-jobs">attorney-general</a> and federal and state Liberal and National Party MPs.</p>
<p>Another prominent tactic used to cast unwanted facts as debatable or doubtful is to generate oxymorons that promote contradictory messages. </p>
<p>Mining corporations in Australia – and globally – use the term “sustainable mining” to describe projects that provide jobs. Politicians have adopted this; Anthony Lynham, Queensland’s minister for natural resources and mines, <a href="https://www.theguardian.com/business/2016/mar/17/indigenous-opponents-of-adanis-carmichael-mine-to-intensity-court-battle">declared</a>:</p>
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<p>This government strongly supports the sustainable development of the Galilee Basin for the jobs and economic development that it will provide for regional Queensland.</p>
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<p>Perhaps the most pernicious oxymoron used by mine supporters is “clean coal”. To counter the claim that Galilee Basin coal is “clean”, The Australia Institute <a href="http://www.tai.org.au/sites/defualt/files/P303%20Coal%20hard%20facts_0.pdf">cites estimates</a> by Adani and India’s <a href="https://www.coal.nic.in/sites/upload_files/coal/files/coalupload/provisional1314_0.pdf">Ministry of Coal</a> that it “is only 10% above the average quality of domestic Indian thermal coal in terms of energy content”. This is because “the ash content of Carmichael coal is estimated to be 26% – more than double the average of 12% for Australian thermal coal”. </p>
<p>The institute also notes that transporting the coal inevitably creates extra pollution.</p>
<h2>Smear without evidence</h2>
<p>Third, to construct truthiness, statements that are not scientific, logical or fact-based have proliferated in the political debate about the Adani mine. Politicians have constantly reframed the term “activist” to connote an enemy of both the mine and the national interest. MPs have called members of green groups <a href="https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjcp4uIxPbWAhUCopQKHS_FArgQFggmMAA&url=http%3A%2F%2Fwww.couriermail.com.au%2Fnews%2Fqueensland%2Fecoactivists-hold-up-34-billion-worth-of-queensland-projects%2Fnews-story%2F44195381295203d8c14ba7f8edbb3216&usg=AOvVaw0UGv8n1ssyyHkld7O0JK4u">economic saboteurs</a>, “<a href="http://www.abc.net.au/news/2015-08-20/bradley-vigilante-litigants-didnt-stop-the-carmichael-mine/6708414">vigilantes</a>”, “<a href="http://www.townsvillebulletin.com.au/news/protestors-set-up-camp-to-disrupt-adani-carmichael-coal-mine-project/news-story/3e4dff5f41b9712596653c52d9c0a4f8">terrorists</a>” and “<a href="https://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwinvJ_oxfbWAhVErJQKHXsxA5kQFgg9MAM&url=http%3A%2F%2Fwww.theaustralian.com.au%2Fnational-affairs%2Findigenous%2Fgreens-antiadani-groups-hijacking-interests-of-aboriginal-people%2Fnews-story%2F1c46d4e50b1a3434ddc688ab11e0d502&usg=AOvVaw2zoIFikN1zUwWeOB4HknvV">extremists</a>”.</p>
<p>This narrative casts environmentalists not only as economic enemies of Australia, but opposition to the mine as a form of terrorism. In parliament, Queensland LNP MP George Christensen described legal action to stop the mine as “an act of ecoterrorism”. He <a href="http://www.openaustralia.org.au/debates/?id=2016-02-08.8.2">continued</a>: </p>
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<p>Their lies, misinformation, slander and the frivolous legal action attacking a company for the sake of furthering an ideological cause can only be described as terrorism if you look at the criminal code.</p>
</blockquote>
<p>The accusations of “eco-terrorism” and “sabotage” had no foundation in fact whatsoever. These claims were not linked to actual illegal activities by environmental groups opposed to the mine.</p>
<p>Queensland Premier Annastacia Palaszczuk summarised perhaps the most pernicious claim by mine proponents when she <a href="http://www.parliament.qld.gov.au/documents/hansard/2016/2016_04_19_WEEKLY.pdf">told parliament</a>:</p>
<blockquote>
<p>Queensland taxpayers will not be funding any infrastructure for this project. Stringent conditions will be enforced to safeguard landholders’ and traditional owners’ interests.</p>
</blockquote>
<p>To keep Queensland taxpayers from funding the mine’s infrastructure, the burden will fall instead on Australian taxpayers via the Commonwealth government’s proposed <a href="https://theconversation.com/australias-1-billion-loan-to-adani-is-ripe-for-a-high-court-challenge-85077">$1 billion loan</a> from the Northern Australia Infrastructure Facility to Adani. This will fund rail lines from the mine to the coast.</p>
<p>Nor have the rights of the traditional owners of the mine site been respected or upheld. The state and federal governments and courts have <a href="http://www.abc.net.au/news/2016-12-07/further-legal-action-planned-against-carmichael-coal-mine/8100326">denied all legal challenges</a> from the Aboriginal people most affected by it.</p>
<p>The primary purpose of dissecting the arguments in favour of the Carmichael mine is to demonstrate the complexity of “truthiness” regimes. None of these discursive forms – gut feelings, spin and the politicisation of unwanted facts, or even outright lies – are enough on their own. Rather, these strategies overlap, intersect and reinforce each other.</p>
<p>The effect is to create an overarching “truthiness” regime that presents new megamines as desirable, inevitable and essential to maintain Australia’s national destiny. In response, a more complex and multi-pronged approach will be needed to convince the voting public that coal mining is not good for Australia, its economy, or the globe.</p>
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<p><em>You can read other articles in the series <a href="https://theconversation.com/au/topics/post-truth-initiative-38606">here</a>.</em></p><img src="https://counter.theconversation.com/content/85671/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>The authors do not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and have disclosed no relevant affiliations beyond their academic appointment.</span></em></p>There are telltale signs when regard for the facts of the matter is sacrificed to ‘truthiness’ to win a political debate.Benedetta Brevini, Senior Lecturer in Communication and Media, University of SydneyTerry Woronov, Senior Lecturer in Anthropology, University of SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/850772017-10-04T03:09:50Z2017-10-04T03:09:50ZAustralia’s $1 billion loan to Adani is ripe for a High Court challenge<p>Indian mining giant Adani’s proposal to build Australia’s largest coal mine in Queensland’s Galilee Basin has been the source of sharp national controversy, because of its potential <a href="https://theconversation.com/climate-council-climate-health-and-economics-are-against-carmichael-mine-77940">economic, health, environmental</a> and <a href="https://theconversation.com/the-last-line-of-defence-indigenous-rights-and-adanis-land-deal-79561">cultural</a> risks. </p>
<p>These concerns were amplified this week when India’s former environment minister Jairam Ramesh <a href="http://www.abc.net.au/4corners/digging-into-adani/9008500">told the ABC’s Four Corners</a>:</p>
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<p>My message to the Australian government would certainly be: please demonstrate that you have done more homework than has been the case so far.</p>
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<p>It’s a valid warning, considering that a Commonwealth investment board is considering loaning Adani <a href="https://theconversation.com/report-government-wont-rule-out-underwriting-adanis-carmichael-coal-mine-78127">A$1 billion</a> in federal money to assist the development of mining infrastructure. </p>
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Read more:
<a href="https://theconversation.com/adani-gives-itself-the-green-light-but-that-doesnt-change-the-economics-of-coal-78912">Adani gives itself the green light, but that doesn't change the economics of coal</a>
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<p>The loan, expected to be <a href="http://www.ntnews.com.au/subscribe/news/1/index.html?sourceCode=NTWEB_WRE170_a&mode=premium&dest=http:%2F%2Fwww.ntnews.com.au%2Fnews%2Fnorthern-territory%2Fopposition-leader-bill-shorten-believes-north-australian-infrastructure-fund-is-a-failure%2Fnews-story%2F734219149ec7df8f76ee7aa5923c781c%3Fnk%3Dfc3cce82747b979a85185dfe0362a63b-1507028438&memtype=anonymous">announced any day now</a>, will no doubt agitate further political controversy. </p>
<p>It is also likely to pave the way for yet more court challenges against Adani’s proposal. </p>
<h2>Why does Adani want Commonwealth money?</h2>
<p>One of the major questions about Adani’s mine is its financial viability, and its <a href="http://www.news.com.au/national/breaking-news/adanis-qld-megamine-gets-the-goahead/news-story/92f689555cae63a42928c011898c381f">inability to secure private sector funding</a>. Its proponents blame anti-coal campaigners, but arguably more important are the <a href="http://www.smh.com.au/business/mining-and-resources/adanis-carmichael-mine-is-unbankable-says-queensland-treasury-20150630-gi1l37.html">myriad concerns</a> about Adani’s liquidity, its corporate structure and conduct, and the ever-weakening international coal market. </p>
<p>Against this backdrop Adani has requested A$1 billion from the <a href="http://www.naif.gov.au">Northern Australia Infrastructure Facility</a> (NAIF) – a A$5 billion discretionary government fund set up in 2016 to <a href="https://industry.gov.au/industry/Northern-Australia-Infrastructure-Facility/Pages/default.aspx">promote economic development in the country’s north</a>.</p>
<p>The timing and geographical focus of the fund have raised fears it is just a government “<a href="http://www.openaustralia.org.au/senate/?id=2016-05-02.4.2">slush fund</a>”, set up with Adani’s plans specifically in mind. The federal government initially <a href="http://www.abc.net.au/news/2015-10-18/no-federal-subsidies-carmichael-mine-strong-moral-case-for-coal/6863702">denied this</a>, with Energy Minister Josh Frydenberg stressing that the mine “needs to stand on its own two feet”.</p>
<p>But shortly after the NAIF Act was passed, <a href="http://www.abc.net.au/news/2016-12-06/adani-claim-for-government-loan-questioned-after-admission/8097666">Adani’s application was made public</a>, although there remains little available detail about whether or why it will be given the money, or the exact amount.</p>
<h2>Loan procedures</h2>
<p>NAIF’s board will make the decision, not a government minister. Its processes are shielded from scrutiny by a <a href="http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1516a/16bd113">lack of transparency requirements</a> and consistent <a href="http://www.abc.net.au/news/2017-02-13/agency-assessing-$1b-loan-to-adani-rejects-foi-request/8259342">blocking of Freedom of Information requests</a>. </p>
<p>As the loan decisions are made by a quasi-corporate board, rather than a minister, it is much harder (if not impossible) to challenge them directly in court. Nor does the NAIF Act provide grounds for review or appeal. </p>
<p>Ultimately, this leaves those who object to Adani receiving Commonwealth money with a very limited avenue of legal challenge. The only option is to argue that the NAIF Act is itself unconstitutional. </p>
<h2>Constitutional challenge</h2>
<p>The Commonwealth has no direct power to make laws that control or support infrastructure or mining directly. Instead, the NAIF Act seeks to do this indirectly using <a href="http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/coaca430/s96.html">Section 96 of the Constitution</a>, which states: </p>
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<p>During a period of ten years after the establishment of the Commonwealth and thereafter until the Parliament otherwise provides, <strong>the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.</strong> (emphasis added)</p>
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<p>There are two points to note here. </p>
<p>The first is that this granting provision was clearly meant as a transitional measure for the decade immediately following federation, to protect poorer states from bankruptcy while adjusting their economies to a federal model. Note also that the provision was clearly intended to help state governments, not corporations.</p>
<p>The second is the phrase “terms and conditions”, which clearly relates to the repayment of these loans, much like the terms and conditions applied to any banking loan today. </p>
<p>Both of these things were ignored by the early (and somewhat infamous) <a href="https://www.constitutionalcentre.wa.gov.au/ResearchAndSeminarPapers/ChangingConstitutions/Pages/DecisionsoftheHighCourt.aspx"><em>Engineers</em> High Court from the 1920s to 1950s</a>, which tended to interpret the Constitution in a way that favoured the Commonwealth over the states. </p>
<p>Perhaps most importantly, the court ruled that Section 96 allows the Commonwealth to apply any terms and conditions it likes to the loans, rather than simply setting the terms of repayment. That has meant that states can be compelled to take particular actions – such as accepting national educational standards, building roads or, indeed, infrastructure development – in return for financial assistance. States were also forced to stop collecting income tax in return for federal monies. This resulted in a “<a href="https://en.wikipedia.org/wiki/Fiscal_imbalance_in_Australia">vertical fiscal imbalance</a>” which has left the states at the financial mercy of the Commonwealth ever since. </p>
<p>This extremely liberal interpretation of Section 96 has not been legally challenged since the early days of the federation, not least because recipients or potential recipients of money are unlikely to bite the hand that feeds them. But the Adani loan might just change this.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=359&fit=crop&dpr=1 600w, https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=359&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=359&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=451&fit=crop&dpr=1 754w, https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=451&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/188589/original/file-20171003-14213-qkzmyh.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=451&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">Critics of the use of Section 96 have long hoped for a High Court challenge to its ever-growing use to expand Commonwealth financial influence. The Adani loan may be the right vehicle.</span>
<span class="attribution"><span class="source">Thennicke/Wikicommons</span></span>
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<p>Adani’s prospective loan seems clearly inconsistent with the wording of Section 96. Any constitutional challenge against it is likely to be complex and nuanced, but two basic arguments present themselves. </p>
<p>First, the Constitution states that it is the <em>Commonwealth Parliament</em> that must determine both the loan and its conditions. However, the NAIF Act grants these powers to a corporate board, which answers only indirectly to the Parliament. </p>
<p>Second, the Constitution states that it is the <em>state</em> that must receive the loan. But the Queensland Government has <a href="http://www.parliament.qld.gov.au/documents/hansard/2016/2016_11_29_WEEKLY.pdf">stated that it will simply pass the NAIF funding straight to Adani</a>, and that:</p>
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<p>Commonwealth’s borrowings for the NAIF project will remain on the Commonwealth’s balance sheet and not on Queensland’s.</p>
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<p>This is a highly questionable use of a federal power that was conceived as a way to help states with their financing, rather than private multinational companies.</p>
<p>Note also the apparent bypassing of the Senate in this process. Senators may be likely to bring a legal challenge if they feel that federal money meant to benefit their states is being distributed improperly.</p>
<h2>More than just federal money at stake</h2>
<p>While it is impossible to second-guess the High Court on such a complex matter, its recent decisions indicate a <a href="http://www.aph.gov.au/sitecore/content/Home/About_Parliament/Senate/Powers_practice_n_procedures/pops/pop60/c07">major swing away from unsupervised Commonwealth spending</a>, especially on issues that affect the <a href="http://www.theaustralian.com.au/business/legal-affairs/government-must-learn-from-williams-chaplains-high-court-case/news-story/77ddee4e143a6b68cff639c2837c72e8">fiscal balance between the states and Commonwealth</a>. The potential Adani loan certainly seems to fall into that category.</p>
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<a href="https://theconversation.com/why-are-we-still-pursuing-the-adani-carmichael-mine-85100">Why are we still pursuing the Adani Carmichael mine?</a>
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<p>Yet as much as Section 96 has been stretched beyond its original intention, it has also been used to support vital and important national enterprises, from education, to social welfare, and indeed national development projects. </p>
<p>With that in mind, the Commonwealth might ultimately come to doubt the wisdom of granting such a vast sum of money to a questionable company. If it leads to more restrictive reading of Section 96 by the High Court, it might significantly limit Canberra’s ability to fund valuable schemes in other areas.</p><img src="https://counter.theconversation.com/content/85077/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Brendan Gogarty is has provided pro bono (free) legal advice to the Australian Conversation Foundation on the constitutionality of the proposed Adani Loan. The advice was provided in a voluntary capacity in his role as a community legal practitioner.</span></em></p>The proposed loan of Commonwealth money to Adani is on shaky constitutional ground, potentially paving the way for High Court challenge which could change the dynamics of federal-state funding.Brendan Gogarty, Senior Lecturer in Law, University of TasmaniaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/851002017-10-04T02:58:58Z2017-10-04T02:58:58ZWhy are we still pursuing the Adani Carmichael mine?<p>Why, if Adani’s gigantic Carmichael coal project is so on-the-nose for the <a href="https://www.theguardian.com/environment/2017/apr/28/big-four-banks-all-refuse-to-fund-adani-coalmine-after-westpac-rules-out-loan">banks</a> and so <a href="https://theconversation.com/four-environmental-reasons-why-fast-tracking-the-carmichael-coal-mine-is-a-bad-idea-67449">environmentally destructive</a>, are the <a href="http://www.theaustralian.com.au/national-affairs/foreign-affairs/adani-mine-has-huge-economic-benefits-for-australia-turnbull-says/news-story/76322acfc4bed6073f1f4b6c2001676d">federal</a> and <a href="http://www.smh.com.au/business/mining-and-resources/adani-reaches-agreement-with-the-queensland-government-over-royalties-20170530-gwgl6k.html">Queensland</a> governments so avid in their support of it?</p>
<p>Once again the absurdity of building the world’s biggest new thermal coal mine was put in stark relief on Monday evening via an ABC Four Corners investigation, <a href="http://www.abc.net.au/4corners/digging-into-adani/9008500">Digging into Adani</a>.</p>
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Read more:
<a href="https://theconversation.com/adani-gives-itself-the-green-light-but-that-doesnt-change-the-economics-of-coal-78912">Adani gives itself the green light, but that doesn't change the economics of coal</a>
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<p>Where the ABC broke new ground was in exposing the sheer breadth of corruption by this Indian energy conglomerate. And its power too. The TV crew was detained and questioned in an Indian hotel for five hours by police.</p>
<p>It has long been the subject of high controversy that the Australian government, via the <a href="https://industry.gov.au/industry/Northern-Australia-Infrastructure-Facility/Pages/default.aspx">Northern Australia Infrastructure Facility (NAIF)</a>that is still <a href="https://theconversation.com/report-government-wont-rule-out-underwriting-adanis-carmichael-coal-mine-78127">contemplating</a> a A$1 billion subsidy for Adani’s rail line, a proposal to freight the coal from the Galilee Basin to Adani’s port at Abbot Point on the Great Barrier Reef.</p>
<p>But more alarming still, and Four Corners touched on this, is that the federal government is also <a href="https://www.michaelwest.com.au/report-efic-may-finance-adani-coal-mine/">considering</a> using taxpayer money to finance the mine itself, not just the railway. </p>
<h2>No investors in sight</h2>
<p>As private <a href="https://www.theguardian.com/environment/2017/apr/28/big-four-banks-all-refuse-to-fund-adani-coalmine-after-westpac-rules-out-loan">banks</a> have walked away from the project, the only way Carmichael can get finance is with the government providing guarantees to a private banking syndicate, effectively putting taxpayers on the hook for billions of dollars in project finance. </p>
<p>The prospect is met with the same incredulity in India as it is here in Australia:</p>
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<p>FOUR CORNERS: “Watching on from Delhi, India’s former Environment Minister can’t believe what he is seeing.”</p>
<p>JAIRAM RAMESH: “Ultimately, it’s the sovereign decision of the Australian Government, the federal government and the state government.</p>
<p>FOUR CORNERS: "But public money is involved, and more than public money, natural resources are involved.</p>
<p>JAIRAM RAMESH: "I’m very, very surprised that the Australian government, uh, for whatever reason, uh, has uh, seen it fit, uh, to all along handhold Mr Adani.”</p>
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<p>Here we have a project that does not stack up financially, and whose profits - should it make any - are destined for tax haven entities controlled privately by Adani family interests. Yet the <a href="http://www.abc.net.au/news/2017-05-30/adani-coal-mine-back-on-track-after-royalties-agreement/8573558">Queensland government</a> has <a href="http://www.abc.net.au/news/2017-07-07/adani-mine-water-is-too-important-to-farmers/8686890">shocked</a> local farmers and environmentalists by gifting Adani extremely generous water rights, and royalties concessions to boot.</p>
<h2>Why are Australian governments still in support?</h2>
<p>The most plausible explanation is simply politics and political donations. There is no real-time disclosure of donations and it is relatively easy to disguise them, as there is no disclosure of the financial accounts of state and federal political parties either. Payments can be routed through opaque foundations, the various state organisations, and other vehicles.</p>
<p>Many Adani observers believe there must be money involved, so strident is the support for so unfeasible a project. The rich track record of Adani bribing officials in India, as detailed by Four Corners, certainly points that way. But there is little evidence of it. </p>
<p>In the absence of proof of any significant financial incentives however, the most compelling explanation is that neither of the major parties is prepared to be “wedged” on jobs, accused of being anti-business or <a href="http://www.sbs.com.au/news/article/2017/04/30/westpac-anti-queensland-govt-minister">anti-Queensand</a>.</p>
<p>There are votes in Queensland’s north at stake. Furthermore, the fingerprints of Adani’s lobbyists are <a href="http://www.theaustralian.com.au/national-affairs/state-politics/adani-lobbyist-cameron-milner-in-palaszczuk-campaign/news-story/d185cbc368eea136ab41a3fb5b383556">everywhere</a>.</p>
<p>Adani lobbyist and Bill Shorten’s former chief of staff Cameron Milner helped run the re-election campaign of Premier Annastacia Palaszczuk. This support, according to <a href="http://www.theaustralian.com.au/national-affairs/state-politics/adani-lobbyist-cameron-milner-in-palaszczuk-campaign/news-story/d185cbc368eea136ab41a3fb5b383556">The Australian</a>, has been given free of charge:</p>
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<p>Mr Milner is volunteering with the ALP while keeping his day job as director and registered lobbyist at Next Level Strategic Services, which counts among its clients Indian miner Adani…</p>
<p>The former ALP state secretary held meetings in April and May with Ms Palaszczuk and her chief of staff David Barbagallo to negotiate a government royalties deal for Adani, after a cabinet factional revolt threatened the state’s largest mining project.</p>
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<p>Adani therefore enjoys support and influence on both sides of politics. “Next Level Strategic Services co-director David Moore — an LNP stalwart who was Mr Newman’s chief of staff during his successful 2012 election campaign — is also expected to volunteer with the LNP campaign.”</p>
<p>So it is that Premier Palaszczuk persists with <a href="https://www.brisbanetimes.com.au/national/queensland/adani-carmichael-mine-to-create-1464-jobs-not-10000-20150427-1mumbg.html">discredited</a> claims that Carmichael will produce 10,000 jobs when Adani itself conceded in a court case two years ago the real jobs number would be but a fraction of that. </p>
<h2>If the economics don’t stack up, why is Adani still pursuing the project?</h2>
<p>The Adani group totes an enormous <a href="http://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/adanis-3-5-billion-debt-funded-investment-in-australia-at-risk-report/articleshow/60911654.cms">debt load</a>, the seaborne thermal coal market is in structural decline as new solar capacity is now cheaper to build than new coal-fired power plants and the the government of India is committed to phasing out coal imports in the next three years.</p>
<p>Why flood the market with 60 million tonnes a year in new supply and further depress the price of one of this country’s key export commodities? </p>
<p>The answer to this question lies in the byzantine structure of the Adani companies themselves. Adani already owns the terminal at Abbot Point and it needs throughput to make it financially viable.</p>
<p>Both the financial structures behind the port and the proposed railway are ultimately controlled in <a href="http://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/adanis-australian-ventures-have-tax-haven-ties-to-british-virgin-islands-report/articleshow/60927563.cms">tax havens</a>: the Cayman Islands, the British Virgin Islands and Singapore. Even if Adani Mining and its related Indian entities upstream, Adani Enterprises and Adani Power, lose money on Carmichael, the Adani family would still benefit.</p>
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Read more:
<a href="https://theconversation.com/australias-1-billion-loan-to-adani-is-ripe-for-a-high-court-challenge-85077">Australia's $1 billion loan to Adani is ripe for a High Court challenge</a>
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<p>The port and rail facilities merely “clip the ticket” on the volume of coal which goes through them. The Adani family then still profits from the privately-controlled infrastructure, via tax havens, while shareholders on the Indian share market shoulder the likely losses from the project.</p>
<p>As the man who used to be India’s most powerful energy bureaucrat, E.A.S. Sharma, <a href="http://www.abc.net.au/4corners/digging-into-adani/9008500">told</a> the ABC: “My assessment is that by the time the Adani coal leaves the Australian coast the cost of it will be roughly about A$90 per tonne.</p>
<p>"We cannot afford that, it is so expensive.”</p>
<h2>More questions than answers remain</h2>
<p>This renders the whole project even more bizarre. Why would the government put Australian taxpayers on the hook for a project likely to lose billions of dollars when the only clear beneficiaries are the family of Indian billionaire Gautam Adani and his Caribbean tax havens.</p>
<p>My view is that this project is a white elephant and will not proceed. Given the commitment by our elected leaders however, it may be that some huge holes in the earth may still be dug before it falls apart.</p><img src="https://counter.theconversation.com/content/85100/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Michael West has previously investigated Adani for the Australian Conservation Foundation.</span></em></p>Following the ABC’s Four Corners program ‘Digging into Adani’, the question that remains is: why is the project still being pursued at all?Michael West, Adjunct Associate Professor, School of Social and Political Sciences, University of SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/825052017-08-15T20:14:20Z2017-08-15T20:14:20ZClimate change is a financial risk, according to a lawsuit against the CBA<p>The Commonwealth Bank of Australia has been in the headlines lately for all the wrong reasons. Beyond <a href="https://theconversation.com/allegations-against-the-cba-show-the-need-for-a-royal-commission-into-the-banks-82063">money-laundering allegations</a> and the announcement that <a href="http://www.abc.net.au/news/2017-08-14/commonwealth-bank-ceo-ian-narev-to-retire-by-july/8803302">CEO Ian Narev will retire early</a>, the CBA is now also being sued in the Australian Federal Court for misleading shareholders over the <a href="https://www.theguardian.com/australia-news/2017/aug/08/commonwealth-bank-shareholders-sue-over-inadequate-disclosure-of-climate-change-risks">risks climate change poses to their business interests</a>.</p>
<p>This case is the first in the world to pursue a bank over failing to report climate change risks. However, it’s building on a trend of similar actions against energy companies in the <a href="http://www.nytimes.com/2015/11/06/science/exxon-mobil-under-investigation-in-new-york-over-climate-statements.html">United States</a> and <a href="http://www.documents.clientearth.org/library/download-category/climate-governance/">United Kingdom</a>. </p>
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Read more:
<a href="https://theconversation.com/asics-comminsure-pass-shows-why-badly-behaving-bankers-will-never-fear-jail-time-75059">ASIC's CommInsure pass shows why badly behaving bankers will never fear jail time</a>
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<p><a href="https://envirojustice.org.au/sites/default/files/files/170807%20Concise%20Statement%20(as%20filed).pdf">The CBA case was filed on August 8, 2017</a> by advocacy group Environmental Justice Australia on behalf of two longstanding Commonwealth Bank shareholders. The case argues that climate change creates material financial risks to the bank, its business and customers, and they failed in their duty to disclose those risks to investors. </p>
<p>This represents an important shift. Conventionally, climate change has been treated by reporting companies merely as a matter of <a href="http://www.investopedia.com/terms/e/environmental-social-and-governance-esg-criteria.asp">corporate social responsibility</a>; now it’s affecting the financial bottom line.</p>
<h2>What do banks need to disclose?</h2>
<p>When banks invest in projects or lend money to businesses, they have an obligation to investigate and report to shareholders potential problems that may prevent financial success. (Opening a resort in a war zone, for example, is not an attractive proposition.) </p>
<p>However, banks may now have to take into account the risks posed by climate change. Australia’s <a href="http://www.accr.org.au/big_bank">top four banks</a> are heavily involved in fossil-fuel intensive projects, but as the world moves towards renewable energy those projects may begin to look dubious. </p>
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Read more:
<a href="https://theconversation.com/risky-business-how-companies-are-getting-smart-about-climate-change-65221">Risky business: how companies are getting smart about climate change</a>
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<p>As the G20’s <a href="https://www.fsb-tcfd.org/">Taskforce on Climate-Related Financial Disclosures</a> recently reported, climate risks can be <em>physical</em> (for instance, when extreme weather events affect property or business operations) or <em>transition</em> risks (the effect of new laws and policies designed to mitigate climate change, or market changes as economies transition to renewable and low-emission technology). </p>
<p>For example, restrictions on coal mining may result in these assets being “stranded,” meaning they become liabilities rather than assets on company balance sheets. Similarly, the rise of renewable energy may reduce the life span, and consequently the value, of conventional power generation assets.</p>
<p>Companies who rely on the exploitation of fossil fuels face increasing transition risks. So too do the banks that lend money to, and invest in, these projects. It is these types of risks that are at issue in the case against CBA.</p>
<h2>What did the CBA know about climate risk?</h2>
<p>The claim filed by the CBA shareholders alleges the bank has contravened two central provisions of the <a href="http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/">Corporations Act 2001</a>:</p>
<ul>
<li><p>companies must include a financial report within the annual report which gives a “true and fair” view of its financial position and performance, and</p></li>
<li><p>companies must include a director’s report that allows shareholders to make an “informed assessment” of the company’s operations, financial position, business strategies and prospects.</p></li>
</ul>
<p>The shareholders argue that the CBA knew – or ought to have known – that climate-related risks could seriously disrupt the bank’s performance. Therefore, investors should have been told the CBA’s strategies for managing those risks so they could make an informed decision about their investment.</p>
<hr>
<p>
<em>
<strong>
Read more:
<a href="https://theconversation.com/allegations-against-the-cba-show-the-need-for-a-royal-commission-into-the-banks-82063">Allegations against the CBA show the need for a Royal Commission into the banks</a>
</strong>
</em>
</p>
<hr>
<p>The claim also zeros in on the <a href="http://www.news.com.au/finance/business/green-groups-to-target-commonwealth-bank-over-potential-adani-financing/news-story/94d9701fe05b3801612015bd33bfb9ae">lengthy speculation over whether the CBA would finance the controversial Adani Carmichael coal mine</a> in Queensland. (The bank has since <a href="http://www.smh.com.au/environment/climate-change/desperate-commbank-rules-out-lending-to-adanis-carmichael-coal-mine-20170811-gxughp.html">ruled out financing the mine</a>.) The shareholders assert that the resulting “controversy and concern” was a major risk to the CBA’s business.</p>
<h2>Global litigation trends</h2>
<p>While the CBA case represents the first time worldwide that a financial institution has been sued for misleading disclosure of climate risk, the litigation builds on a broader global trend. There have been a number of recent legal actions in the United States, seeking to enforce corporate risk disclosure obligations in relation to climate change:</p>
<p>Energy giant Exxon Mobile is <a href="http://www.nytimes.com/2015/11/06/science/exxon-mobil-under-investigation-in-new-york-over-climate-statements.html">currently under investigation</a> by the Attorneys General of New York and California over the company’s disclosure practices. At the same time, an <a href="http://www.rgrdlaw.com/cases/exxon/">ongoing shareholder class action</a> alleges that Exxon Mobile failed to disclose internal reports about the risks climate change posed to their oil and gas reserves, and valued those assets artificially high.</p>
<p>Similar pathways are being pursued in the UK, where <a href="http://www.documents.clientearth.org/library/download-category/climate-governance/">regulatory complaints</a> have been made about the failure of major oil and gas companies SOCO International and Cairn Energy to disclose climate-related risks, as required by law.</p>
<p>In this context, the CBA case represents a widening of litigation options to include banks, as well as energy companies. It is also the first attempt in Australia to use the courts to clarify how public listed companies should disclose climate risks in their annual reports.</p>
<h2>Potential for more litigation</h2>
<p>This global trend suggests more companies are likely to face these kinds of lawsuits in the future. Eminent barrister Noel Hutley <a href="https://cpd.org.au/2016/10/directorsduties/">noted in October 2016</a> that many prominent Australian companies, including banks that lend to major fossil fuel businesses, are not adequately disclosing climate change risks. </p>
<p>Hutley predicted that it’s likely only a matter of time before we see a company director sued for failing to perceive or react to a forseeable climate-related risk. The CBA case is the first step towards such litigation.</p><img src="https://counter.theconversation.com/content/82505/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Anita Foerster receives support from Australian Research Council Discovery Project – DP 160100225, ‘Developing a Legal Blueprint for Corporate Energy Transition’.</span></em></p><p class="fine-print"><em><span>Jacqueline Peel receives support from Australian Research Council Discovery Project – DP 160100225, ‘Developing a Legal Blueprint for Corporate Energy Transition’.</span></em></p>A new lawsuit against the CBA puts climate change in a new legal light: a financial hazard. The case opens up fresh lines of attack on institutions that contribute to climate change.Anita Foerster, Senior Research Fellow, The University of MelbourneJacqueline Peel, Professor of Environmental and Climate Law, The University of MelbourneLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/795612017-06-19T07:03:37Z2017-06-19T07:03:37ZThe last line of defence: Indigenous rights and Adani’s land deal<figure><img src="https://images.theconversation.com/files/174133/original/file-20170616-493-12ma2lt.png?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Members of the W&J Traditional Owners Council outside the Federal Court.</span> <span class="attribution"><span class="source">W&J Council</span></span></figcaption></figure><p>The Wangan and Jagalingou Traditional Owners Family Council <a href="http://wanganjagalingou.com.au/">(W&J)</a> is involved in a remarkable struggle to assert their Indigenous rights in opposition to the proposed Adani Carmichael coal mine. Despite the company’s <a href="http://www.afr.com/business/mining/adani-takes-brinkmanship-to-new-levels-20170523-gwbbhn">board-level decision to proceed</a>, the mine has not cleared all legal hurdles. </p>
<p>W&J’s efforts – recognised globally as a <a href="http://wanganjagalingou.com.au/naomi-klein-nominates-wj-youth-leader-for-inaugural-list-of-international-movers-and-shakers/">leading Indigenous rights</a> campaign – are challenging Australia’s native title system, and the notion that compliance with industrial projects is the pathway to development for Indigenous people. </p>
<p>The W&J struggle has largely focused on contesting Adani’s efforts to secure an Indigenous Land Use Agreement (Ilua) – the consent of the traditional owners for the mine to proceed. The Ilua would let Adani undertake all works associated with the project, and secure a 2,750 hectare area for critical infrastructure related to mine operations, including an airstrip, workers village, and washing plant.</p>
<p>While the National Native Title Tribunal authorised the Queensland Government to <a href="http://www.abc.net.au/news/2016-04-03/mning-leases-approved-carmichael-mine-qld-galilee-basin-adani/7295188">approve the mining leases</a> for Adani in 2016 without the consent of the W&J, this is subject to ongoing legal challenge. Without an Ilua, there is no legal basis to build the infrastructure. In this scenario, the only option would be the <a href="http://www.abc.net.au/pm/content/2015/s4361399.htm">compulsory acquisition</a> of land by the state – an unprecedented move in the history of native title that would privilege mining interests above the wishes of traditional owners.</p>
<p>We are undertaking a research project in collaboration with the W&J and Australian Lawyers for Human Rights. The W&J have provided us with access to their files, and we have conducted <a href="http://earthjustice.org/sites/default/files/files/Unfinished-Business.pdf">preliminary analysis</a> of the political, social and economic context of their campaign. </p>
<h2>Changing the rules</h2>
<p>Earlier this week both houses of Parliament <a href="http://www.afr.com/news/politics/senate-resolves-native-title-concerns-in-boost-for-adani-coal-mine-20170614-gwqonu">passed amendments</a> to annul the effects of a February 2017 <a href="http://www.abc.net.au/news/rural/2017-02-08/turmoil-over-indigenous-land-use-ruling/8250952">Federal Court full bench decision</a> that confirmed the Native Title Act required all registered native title claimants to sign an Ilua. This overturned a previous decision made by a single judge, which allowed that one signature was sufficient, as long as an Ilua had been approved by the claim group.</p>
<p>The W&J had moved quickly, on the basis of the court decision, to have Adani’s claimed deal struck out. But the Federal Government moved swiftly too, less than two weeks later placing amendments before Parliament that removed the W&J Council’s option to annul. </p>
<p>These amendments, while validating existing Iluas that could have been brought into question, are also <a href="http://www.afr.com/news/politics/malcolm-turnbull-tells-adani-native-title-issues-will-be-fixed-20170410-gvi6i3">widely acknowledged as a fix for Adani</a>. In April, Prime Minister Malcolm Turnbull reassured senior Adani executives in India that the native title situation would be fixed. </p>
<p>However, the future of the Ilua and Adani’s mine is far from secure. W&J legal action challenging Adani’s Ilua process on several grounds is set for hearing in the Federal Court in March 2018. </p>
<p>The Shadow Attorney-General Mark Dreyfus has <a href="http://parlinfo.aph.gov.au/parlInfo/download/chamber/hansardr/7acf60a0-3455-43aa-bfd0-083a6b4252db/toc_pdf/House%20of%20Representatives_2017_06_14_5147.pdf;fileType=application%2Fpdf">affirmed</a> the question mark over the agreement, saying:</p>
<blockquote>
<p>It is not my understanding that this bill will provide some kind of removal of a final legal hurdle for the Adani mine […] they [the W&J] have made clear that there are some very serious allegations of fraud that have been made against Adani.</p>
</blockquote>
<p>In a <a href="https://www.theguardian.com/environment/2017/jun/15/adani-mine-loses-majority-support-of-traditional-owner-representatives">further recent twist</a>, Wangan and Jagalingou representative Craig Dallen, who previously signed Adani’s Ilua documents, has withdrawn his support in an affidavit. He’s also raised doubts about the meeting processes that were used to construct the deal.</p>
<p>In evidence submitted to the Federal Court, the W&J <a href="http://earthjustice.org/sites/default/files/files/Unfinished-Business.pdf">argue</a> the attendance record at the meeting organised and paid for by Adani shows that many attendees were not present at prior native title group authorisation meetings, and are not Wangan and Jagalingou claimants.</p>
<h2>The lure of Iluas</h2>
<p>Iluas are very hard for Indigenous people to resist. The native title regime provides very limited protection, such that Indigenous people are often forced to take a <a href="https://theconversation.com/native-title-and-australias-resource-boom-a-lost-opportunity-2725">poor Ilua deal</a>, rather than risk ending up with nothing at the National Native Title Tribunal. </p>
<p>While Adani has filed for registration of an Ilua, the W&J calls it a “<a href="https://www.theguardian.com/australia-news/2017/feb/07/indigenous-owners-threaten-legal-action-unless-adani-abandons-land-access-deal">sham</a>”, asserting that the Wangan and Jagalingou people have rejected a deal with Adani on three separate occasions since 2012.</p>
<p>The limitations of Iluas for Indigenous people partly arise because native title is a highly contingent and weak form of title. It does not apply where Indigenous observance of custom has been disrupted. However the colonial pattern of frontier violence and policies such as assimilation sought, by design, to directly eliminate custom.</p>
<p>Native title can also be extinguished, and can only be claimed in certain areas where other legal title (such as freehold) does not exist. Rights granted under native title are also typically non-exclusive, giving little opportunity to control access to land <a href="https://theconversation.com/indigenous-australians-should-get-more-from-native-title-human-rights-commissioner-37755">or its use</a>.</p>
<p>While the W&J are making use of the legal avenues available to them through the native title process, they are also asserting their rights apart from it. Their legal strategy is a rejection of what they see as a constrained native title system, in which Indigenous peoples’ agreement or acquiescence to mining is the norm.</p>
<p>Instead, the W&J are part of a growing international Indigenous rights movement that firmly centres Indigenous peoples’ interests in struggles for restitution and a sustainable future for their people. They stand on their right to free, prior and informed consent, reflected in the <a href="https://www.un.org/development/desa/indigenouspeoples/declaration-on-the-rights-of-indigenous-peoples.html">United Nations Declaration on the Rights of Indigenous People</a>.</p>
<p>More fundamentally, though, the W&J stress that they are custodians of country, and are acting in accordance with Aboriginal law in their resistance to the Carmichael mine. This is contrary to <a href="https://www.theguardian.com/australia-news/2017/jun/07/indigenous-people-victims-of-green-fight-against-adani-mine-says-marcia-langton">Marcia Langton’s</a> recent assertion that opposition to Adani’s mine is driven by a minority of Indigenous people <a href="https://www.theguardian.com/environment/2017/jun/09/leading-indigenous-lawyer-hits-back-at-marcia-langton-over-adani">at the behest of the greens</a>. </p>
<p><br></p>
<hr>
<p><em>This article is based upon a recently released report, <a href="http://earthjustice.org/sites/default/files/files/Unfinished-Business.pdf">Unfinished Business: Adani, the State, and the Indigenous Rights Struggle of the Wangan and Jagalingou Traditional Owners Council</a>.</em></p><img src="https://counter.theconversation.com/content/79561/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Morgan Brigg receives funding from through the Global Change Institute’s Flagship Program at The University of Queensland.</span></em></p><p class="fine-print"><em><span>John Quiggin receives funding from the Global Change Institute’s Flagship Program at The University of Queensland. He is a consultant for Farmers for Climate Action and has worked for other environmental organisations on a voluntary basis. He has received funding from the Australian Research Council, and was formerly a Member of the Climate Change Authority</span></em></p><p class="fine-print"><em><span>Kristen Lyons receives funding from the Global Change Institute’s Flagship Program at The University of Queensland. She is a research fellow with the Oakland Institute and is a member of the Australian Greens.</span></em></p>The Carmichael coal mine requires a crucial native title agreement to build key infrastructure. But an Indigenous group is bringing legal action against Adani, which may create a fatal roadblock.Morgan Brigg, Senior Lecturer, Peace and Conflict Studies, The University of QueenslandJohn Quiggin, Professor, School of Economics, The University of QueenslandKristen Lyons, Associate Professor Environment and Development Sociology, The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/781272017-05-22T23:00:25Z2017-05-22T23:00:25ZReport: government won’t rule out underwriting Adani’s Carmichael coal mine<p>Is the government secretly planning to put taxpayers on the hook to build the world’s biggest new thermal coal mine? It is refusing to rule it out.</p>
<p>Until now, speculation has centred on a A$1 billion discount loan from the Northern Australia Infrastructure Facility (NAIF) to Indian billionaire Gautam Adani to build a rail line from the Galilee Basin to Abbot Point on the Queensland coast. This is a “cart before the horse” proposition, however. There can be no rail line without a mining project, and Adani is yet to attract project finance from commercial banks to build its mine.</p>
<p>A <a href="https://www.acf.org.au/dirty_deeds">new report</a> by the Australian Conservation Foundation notes that a number of approaches were made to the federal government and its credit agency, Export Finance and Insurance Corporation (EFIC), asking whether the agency was considering supporting the Carmichael thermal coal project. EFIC already has a team working with NAIF on project evaluation.</p>
<p>Detailed questions were put to the minister for trade, tourism and investment, Stephen Ciobo, whose portfolio oversees EFIC, and the Department of Foreign Affairs and Trade (DFAT). There was no response.</p>
<p>EFIC and NAIF were also contacted by the author, who conducted an investigation for the ACF into the NAIF board. NAIF did not respond at all. EFIC directed questions to NAIF and DFAT, both of which declined to respond. </p>
<p>It is within EFIC’s legal framework to finance export projects – either by guaranteeing or insuring their loans. Adani Mining, the local offshoot of an Indian conglomerate, is eligible under the EFIC legislation for government assistance.</p>
<p>EFIC acts at the instruction of the minister, in this case the Queenslander Stephen Ciobo. Adani Mining is registered in Australia. It is an exporter and EFIC has a track record of financing large fossil fuel projects.</p>
<p>The ACF report, <a href="https://www.acf.org.au/dirty_deeds">Dirty Deeds, Done for Cheap Dirt</a>, notes that EFIC – despite its mandate to support small and medium-sized exporters – has a track record in making sizeable investments in large fossil fuel projects: </p>
<blockquote>
<p>It is currently considering a deal to finance the 12 million tonnes per annum Boikarabelo coal mine and railway in South Africa, ironically a project closer by ship to India than Adani’s Carmichael and one that will directly compete with Australian exports in a declining Indian market for seaborne coal imports.</p>
</blockquote>
<p>In 2014, more than three-quarters of the $576.7 million worth of transactions signed by EFIC went to just three parties: a Chilean company that runs the biggest copper mine in the world, a construction giant listed on the Johannesburg Stock Exchange, and a billion-dollar Belgian smelting group.</p>
<p>Even with the support of EFIC, though, Adani requires project finance to develop its Carmichael mine. Adani’s lead banker, <a href="https://www.michaelwest.com.au/adani-and-commonwealth-bank-part-ways-casting-further-doubt-on-carmichael-coal-project/">Commonwealth Bank, parted ways with Adani</a> in 2015.</p>
<p>Due to public pressure from environment groups and the poor financial prospects for the project, Adani has had trouble attracting interest from commercial banks internationally. The world market for seaborne thermal coal exports is in decline and India is on target to phase out imports by 2021, so the project does not appear to make commercial sense. Futures prices for Newcastle thermal coal, generally of superior quality to Carmichael coal, languish at $US68 per metric tonne, a level at which the mine is unprofitable.</p>
<p>But if the federal government were to provide loan insurance or loan guarantees to a commercial banking syndicate, the banks might be more inclined to fund Adani. Australian taxpayers, however, would then be at risk for the estimated $10 billion in project finance. That’s on top of the concessional loan from NAIF, which is yet to be approved, of $1 billion for the rail line.</p>
<p>ACF chief executive Kelly O'Shanassy said yesterday that it was an outrageous idea that “public money could be put on the line to protect private profit from the Adani coal mine that will help destroy the [Great Barrier] Reef and Australian tourism jobs”.</p>
<p>The report also found the NAIF board is stacked with resource industry directors, past and present. Despite its mandate to invest in a wide range of infrastructure, including communications, transport, airports, education and renewable energy, the board’s expertise is heavily skewed towards mining and coal.</p>
<p>The NAIF investment mandate is also vague and its operations are shrouded in secrecy compared with other government financiers such as EFIC and the Clean Energy Finance Corporation (CEFC). Yet is has $5 billion of taxpayers’ money at its disposal.</p>
<p>The minister in charge of NAIF is Matt Canavan who, as minister for resources and northern Australia, is a vocal advocate for coal-fired power plants. He has announced that coal projects are also eligible for NAIF funding.</p>
<p>Even with the enthusiastic support of both the Australian and Queensland governments, the Carmichael project is highly unpopular. Nonetheless, the Queensland government has granted the project an unlimited water licence. </p>
<p>Adani has also been negotiating with the Queensland government for a royalties break. The company <a href="http://www.abc.net.au/news/2017-05-22/adani-indefinitely-postpones-final-carmichael-coal-mine-decision/8548164">announced this week</a> that it would be postponing its final investment decision on Carmichael until the state provided “clarity” on lower or deferred royalties. </p>
<hr>
<p><em>This column, co-published by The Conversation with <a href="http://www.michaelwest.com.au/">michaelwest.com.au</a>, is part of the <a href="https://theconversation.com/au/topics/democracy-futures">Democracy Futures</a> series, a <a href="http://sydneydemocracynetwork.org/democracy-futures/">joint global initiative</a> between The Conversation and the <a href="http://sydneydemocracynetwork.org/">Sydney Democracy Network</a>. The project aims to stimulate fresh thinking about the many challenges facing democracies in the 21st century.</em></p><img src="https://counter.theconversation.com/content/78127/count.gif" alt="The Conversation" width="1" height="1" />
<h4 class="border">Disclosure</h4><p class="fine-print"><em><span>The author has based this column on an investigation conducted for the Australian Conservation Foundation, ACF. The author's company, Westpub Ptd Ltd, was paid by ACF for this work. This column includes a link to the relevant report.</span></em></p>If the government were to provide loan insurance or loan guarantees, the banks might be more inclined to fund Adani. Taxpayers would then be at risk for the estimated $10 billion in project finance.Michael West, Adjunct Associate Professor, School of Social and Political Sciences, University of SydneyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/779402017-05-18T20:15:37Z2017-05-18T20:15:37ZClimate Council: climate, health and economics are against Carmichael mine<figure><img src="https://images.theconversation.com/files/169902/original/file-20170518-12226-108eqzi.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Many banks are worried that coal investments could be left stranded on their asset books.</span> <span class="attribution"><span class="source">Rasta777/Shutterstock.com</span></span></figcaption></figure><p>Despite the overwhelming evidence that fossil fuels are <a href="https://theconversation.com/great-barrier-reef-bleaching-would-be-almost-impossible-without-climate-change-58408">killing the Great Barrier Reef</a> and making many <a href="https://theconversation.com/climate-changes-signature-was-writ-large-on-australias-crazy-summer-of-2017-73854">extreme weather events worse</a>; despite the <a href="https://theconversation.com/the-government-is-swimming-against-the-tide-on-westpacs-adani-decision-76950">emphatic thumbs-down</a> from the finance sector; and despite the growing awareness of the serious health impacts of coal, the proposed Carmichael coal mine staggers on, zombie-like, amid <a href="http://www.abc.net.au/news/2017-05-18/queensland-government-gives-adani-royalties-holiday/8536560">reports it has been offered a deferment of A$320 million in royalty payments</a>.</p>
<p>A new Climate Council report, <a href="http://www.climatecouncil.org.au/carmichael-coal-report?vid=4617">Risky Business: Health, Climate and Economic Risks of the Carmichael Coalmine</a>, makes an emphatic case against development of the proposed mine, or of any other coal deposits in Queensland’s Galilee Basin, or indeed elsewhere around the world.</p>
<p>Burning coal is a major contributor to climate change. Australia is already reeling from the escalating impacts of a warming climate. Heatwaves and other extreme weather events are worsening. The Great Barrier Reef has suffered consecutive mass bleaching events in 2016 and 2017. Climate change is likely making <a href="https://www.climatecouncil.org.au/foodsecurityreport2015">drought conditions worse in the agricultural belts of southwest and southeast Australia</a>. Our coastal regions are increasingly exposed to <a href="https://www.climatecouncil.org.au/coastalflooding">erosion and flooding as sea level rises</a>.</p>
<p>If we are to slow these disturbing trends and stabilise the climate at a level with which we might be able to cope, only a relatively small amount of the world’s remaining coal, oil and gas reserves can actually be used.</p>
<p>The majority must be left unburned in the ground, without developing vast new coal deposits such as those in the Galilee Basin.</p>
<h2>On budget</h2>
<p>The amount of fossil fuels we can burn for a given temperature target (such as the 1.5°C and 2°C targets of the <a href="https://theconversation.com/the-paris-climate-agreement-at-a-glance-50465">Paris climate agreement</a>) is known as the “<a href="https://www.climatecouncil.org.au/unburnable-carbon-why-we-need-to-leave-fossil-fuels-in-the-ground">carbon budget</a>”. </p>
<p>To give ourselves just a 50% chance of staying within the 2°C Paris target, we can burn only 38% of the world’s existing fossil fuel reserves. When this budget is apportioned among the various types of fossil fuels, coal is the big loser, because it is more emissions-intensive than other fuels. <a href="https://www.nature.com/nature/journal/v517/n7533/full/nature14016.html">Nearly 90%</a> of the world’s existing coal reserves must be left in the ground to stay within the 2°C budget.</p>
<p>When the carbon budget is apportioned by region to maximise the economic benefit of the remaining budget, <a href="https://www.nature.com/nature/journal/v517/n7533/full/nature14016.html">Australian coal in particular is a big loser</a>. More than 95% of Australia’s existing coal reserves cannot be burned, and the development of new deposits, such as the Galilee Basin, is ruled out.</p>
<h2>The health case</h2>
<p>Exploiting coal is very harmful to human health, with serious impacts all the way through the process from mining to combustion. Recently the life-threatening “black lung” (coal workers’ pneumoconiosis) has <a href="https://theconversation.com/black-lungs-back-how-we-became-complacent-with-coal-miners-pneumoconiosis-57718">re-emerged in Queensland</a>, with 21 reported cases. Across Australia, the estimated costs of health damages associated with the combustion of coal amount to <a href="http://www.atse.org.au/Documents/Publications/Reports/Energy/ATSE%20Hidden%20Costs%20Electricity%202009.pdf">A$2.6 billion per year</a>.</p>
<p>In India, the country to which coal from the proposed Carmichael mine would likely be exported, coal combustion already takes a heavy toll. An <a href="http://www.sciencedirect.com/science/article/pii/S135223101400329X">estimated 80,000-115,000 deaths</a>, as well as 20 million cases of asthma, were attributed to pollutants emitted from coal-fired power stations in 2010-11. Up to 10,000 children under the age of five died because of coal pollution in 2012 alone.</p>
<p>Compared with the domestic coal resources in India, Carmichael coal will not reduce these health risks much at all. Galilee Basin coal is of poorer quality than that from other regions of Australia. Its <a href="https://theconversation.com/black-lungs-back-how-we-became-complacent-with-coal-miners-pneumoconiosis-57718">estimated ash content of about 26%</a> is double the Australian benchmark.</p>
<p>This is bad news for children in India or in any other country that ends up burning it.</p>
<h2>The economics</h2>
<p>The economic case for the Carmichael mine doesn’t stack up either. Converging global trends all point to rapidly reducing demand for coal. </p>
<p>The cost of renewable energy is <a href="https://www.climatecouncil.org.au/uploads/6b17494f8d727a073e349badd5ac6a7f.pdf">plummeting</a>, and efficient and increasingly affordable storage technologies are emerging. Coal demand in China is <a href="https://www.climatecouncil.org.au/uploads/6b17494f8d727a073e349badd5ac6a7f.pdf">dropping</a> as it ramps up the rollout of renewables. India is <a href="https://theconversation.com/india-wants-to-become-a-solar-superpower-but-its-plans-dont-add-up-68011">moving towards energy independence</a>, and is eyeing its northern neighbour’s push towards renewables.</p>
<p>All of these trends greatly increase the risk that any new coal developments will become <a href="https://theconversation.com/the-danger-of-stranded-assets-lurks-for-unwary-coal-producers-48733">stranded assets</a>. It’s little wonder that the financial sector has turned a cold shoulder to the Carmichael mine, and Galilee Basin coal development in general. Some 17 banks worldwide, including the “big four” in Australia, have ruled out any investment in the Carmichael mine.</p>
<p>From any perspective – climate, health, economy – the proposed mine is hard to justify. And yet the project <a href="https://theconversation.com/why-does-the-carmichael-coal-mine-need-to-use-so-much-water-75923">keeps on keeping on</a>.</p><img src="https://counter.theconversation.com/content/77940/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Hilary Bambrick has previously received funding from the National Health and Medical Research Council, the Victorian and NSW Governments, the United Nations Development Programme, and the World Health Organization. She sits on the research committee of The Australia Institute. </span></em></p><p class="fine-print"><em><span>Will Steffen does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>A new Climate Council report points out that the Paris Agreement’s carbon budget leaves no room for the development of massive new coal reserves such as the proposed Carmichael mine.Will Steffen, Emeritus professor, Fenner School of Environment and Society, Australian National UniversityHilary Bambrick, Head of School, School of Public Health and Social Work, Queensland University of TechnologyLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/759232017-04-12T23:09:02Z2017-04-12T23:09:02ZWhy does the Carmichael coal mine need to use so much water?<figure><img src="https://images.theconversation.com/files/164791/original/image-20170411-31886-15euxo.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Coal mines, such as this one near Bowen, use water for everything from equipment cooling to dust management.</span> <span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File%3ACSIRO_ScienceImage_1801_Water_storage_at_a_mine.jpg">CSIRO</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span></figcaption></figure><p>From <a href="http://www.smh.com.au/environment/abbot-point-coal-terminal-water-spill-to-cause-significant-damage-20170410-gvht8u.html">accidental water spills</a> into coastal wetlands, to <a href="http://www.theaustralian.com.au/business/barnaby-joyce-defends-great-investment-in-adani/news-story/d71bec3fbb8394b930ccf17b7363b085">proposed taxpayer-funded loans</a>, Adani’s planned Carmichael coal mine and the associated Abbot Point coal terminal can’t keep out of the news at the moment.</p>
<p>Last week, the granting of an <a href="http://www.smh.com.au/cqstatic/gvdane/adaniawl.PDF">unlimited 60-year water licence</a> to the Carmichael mine, in Queensland’s Galilee Basin, rattled environmentalists, farmers and community groups alike. </p>
<p>In a region experiencing <a href="https://www.longpaddock.qld.gov.au/queenslanddroughtmonitor/queenslanddroughtreport/index.php">prolonged drought conditions</a>, the provision of unlimited water for one of the largest mining operations in the Southern Hemisphere seems like a commitment at odds with current climate predictions. The decision has also prompted a raft of wider questions about the industry’s water use.</p>
<p><strong>Why do coal mines need so much water?</strong></p>
<p>Underground coal mines rely on water to <a href="https://energy.gov/eere/amo/downloads/itp-mining-water-use-industries-future-mining-industry">reduce the hazard</a> of fires or explosion, by using it to cool the cutting surfaces of mining equipment and prevent coal dust from catching fire.</p>
<p>Water also helps to <a href="http://www.sciencedirect.com/science/article/pii/S1364815214001935">manage dust</a> produced during the processing stage, when coal is crushed and ground. Coal is then transported through pipelines as a water-based slurry for further processing.</p>
<p>Mines also need water for things like equipment maintenance, and for consumption by the mining communities themselves.</p>
<p>In total, about <a href="http://www.sciencedirect.com/science/article/pii/S136481521000201X">250 litres of freshwater</a> are required per tonne of coal produced. This freshwater makes up around <a href="http://www.sciencedirect.com/science/article/pii/S136481521000201X">a quarter of the total water</a> demand during coal production, the rest being “worked” (recycled) water.</p>
<p><strong>What other industries use lots of water?</strong></p>
<p>The Great Artesian Basin is one of the largest underground water reservoirs in the world. It underlies <a href="http://www.gabcc.gov.au/sitecollectionimages/resources/66540f98-c828-4268-8b8b-b37f8193cde7/files/resource-study-2016.pdf">22% of Australia’s land area</a>, beneath the arid and semi-arid parts of Queensland, New South Wales, South Australia and the Northern Territory.</p>
<p>Its aquifers supply water to around 200 towns or settlements, most of which are <a href="http://www.agriculture.gov.au/SiteCollectionDocuments/water/gab-economics-report.pdf">allowed to draw</a> between 100 and 500 million litres (ML) per year.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=520&fit=crop&dpr=1 600w, https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=520&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=520&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=653&fit=crop&dpr=1 754w, https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=653&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/164789/original/image-20170411-31902-1b82bdh.png?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=653&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">The Great Artesian Basin covers almost a quarter of Australia.</span>
<span class="attribution"><span class="source">Tentotwo/Wikimedia Commons</span>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p>The Great Artesian Basin underpins A$12.8 billion of economic activity annually, according to a <a href="http://www.agriculture.gov.au/SiteCollectionDocuments/water/gab-economics-report.pdf">2016 report commissioned by the federal government</a>. Almost all of this is from mining and coal seam gas (A$8 billion) and livestock farming (A$4.7 billion).</p>
<p><a href="http://www.agriculture.gov.au/SiteCollectionDocuments/water/gab-economics-report.pdf">In Queensland</a>, mining and industry hold just over 1% (by number) of the water licences linked to the Great Artesian Basin but account for 10% of the water extracted. Coal seam gas accounts for a further 22% of water, with no licensing required. In contrast, livestock production accounts for 88% of water licences but just 46% of the extracted water.</p>
<p>The Carmichael mine’s <a href="http://eisdocs.dsdip.qld.gov.au/Carmichael%20Coal%20Mine%20and%20Rail/EIS/EIS/Mine%20Chapters/06-water-resources-mine.pdf">12,000ML forecasted use</a> (equivalent to <a href="http://www.agriculture.gov.au/SiteCollectionDocuments/water/gab-economics-report.pdf">4% of the water</a> extracted from the Great Artesian Basin in Queensland last year) would put it alongside the biggest annual users of Great Artesian Basin water, such as the Olympic Dam copper and uranium mine in South Australia, which currently <a href="http://www.epa.sa.gov.au/files/4771574_odxassessmentreport.pdf">draws 10,000ML</a> each year.</p>
<p><strong>Why does Adani need unlimited water anyway?</strong></p>
<p>According to the company’s own modelling, the Carmichael mine’s annual freshwater use is projected to peak at just over <a href="http://eisdocs.dsdip.qld.gov.au/Carmichael%20Coal%20Mine%20and%20Rail/EIS/EIS/Mine%20Chapters/06-water-resources-mine.pdf">12,000ML</a> – or roughly 13 Olympic swimming pools per day.</p>
<p>Despite these estimates, the <a href="http://www.smh.com.au/cqstatic/gvdane/adaniawl.PDF">water licence</a> granted to Adani puts no limit on the water it can take from the Great Artesian Basin. However, it calls for regular monitoring of water levels, quality and flow in each aquifer that is tapped. </p>
<p>Unlike other controversial Queensland mining projects, such as the New Acland coal mine, Adani’s water licence application was exempted from <a href="https://www.business.qld.gov.au/industries/mining-energy-water/water/authorisations/licences/public-notices">public scrutiny</a>, courtesy of a <a href="https://www.legislation.qld.gov.au/Bills/55PDF/2016/B16_0114_EnvironmentalProUWMOLAB16.pdf">November 2016 amendment</a> to the <a href="https://www.legislation.qld.gov.au/Bills/55PDF/2015/WaterLAB15.pdf">existing laws</a>.</p>
<p>Water licences usually specify the total amount, and/or the daily rate, of groundwater that can be taken. Changes to a water licence to increase the amount of water must be <a href="https://www.legislation.qld.gov.au/Bills/55PDF/2016/B16_0114_EnvironmentalProUWMOLAB16.pdf">assessed like a new application</a> and pass public scrutiny. But with an unlimited licence, there is no need for Adani to apply for a new licence if they need more water than originally predicted.</p>
<p><strong>What are the environmental effects of industrial-scale water usage on the basin?</strong></p>
<p>Despite a net yearly <a href="https://publications.csiro.au/rpr/download?pid=csiro:EP132693&dsid=DS5">decrease of 286,000ML</a> in the water stored within the Great Artesian Basin, it is in no danger of running dry. The past 120 years of exploitation have used up <a href="https://www.environment.gov.au/system/files/resources/6405b0fb-1956-4790-9ca4-b138ed810717/files/great-artesian-basin-managing.pdf">less than 0.1%</a> of the water stored. </p>
<p>The real issue is water pressure. Flows from artesian bores are now <a href="https://www.environment.gov.au/system/files/resources/6405b0fb-1956-4790-9ca4-b138ed810717/files/great-artesian-basin-managing.pdf">roughly half</a> what they were in 1915. Since then, the water level in some bores has fallen by as much as 80 metres, and a third of bores have stopped flowing altogether. This directly affects the human, plant and animal communities that rely on artesian water.</p>
<p>Because of their isolation, the natural springs of the Great Artesian Basin are home to <a href="http://www.gabcc.gov.au/sitecollectionimages/resources/66540f98-c828-4268-8b8b-b37f8193cde7/files/resource-study-2016.pdf">many unique plant and animal species</a>. Desert springs are particularly vulnerable to declining water pressure, and many spring habitats have been <a href="https://www.environment.gov.au/system/files/resources/6405b0fb-1956-4790-9ca4-b138ed810717/files/great-artesian-basin-managing.pdf">irreversibly damaged</a> by invasive species, excavation, livestock, industrial activity and even tourists. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=501&fit=crop&dpr=1 754w, https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=501&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/164790/original/image-20170411-31914-z3xyr4.JPG?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=501&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">An oasis in South Australia’s arid interior.</span>
<span class="attribution"><a class="source" href="https://commons.wikimedia.org/wiki/File%3ABubbling_Mound_Spring_at_Wabma_Kadarbu_Conservation_Park.JPG">Tandrew/Wikimedia Commons</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p><strong>Can mining industries be more water-wise?</strong></p>
<p>Recycled water is an integral part of coal mining, but it contains salt, added in the dust-management stage, which can leave the water unusable for certain processes. Nevertheless, a <a href="http://www.sciencedirect.com/science/article/pii/S136481521000201X">recent study</a> suggests that Queensland coal mines could cut their freshwater use by 62% simply by using recycled water for processes that are not sensitive to salt levels. Diluting salty recycled water could also <a href="http://www.sciencedirect.com/science/article/pii/S1364815214001935">reduce freshwater</a> use by 50%, and cut water costs by 40%.</p>
<p>Untreated seawater is perhaps the most sustainable water of all, although transporting it from coast to mine costs energy and therefore money. Its saltiness also creates chemical challenges during <a href="http://www.tandfonline.com/doi/abs/10.1179/1743285514Y.0000000077">coal</a> and <a href="http://www.sciencedirect.com/science/article/pii/S1226086X17301144">uranium</a> processing.</p>
<p>Another option to address climate-induced water challenges might be for <a href="http://www.sciencedirect.com/science/article/pii/S095965261630525X">mines to share water allocations</a>.</p>
<p><strong>Where do we go from here?</strong> </p>
<p>Understandably, there is significant concern that Adani’s unlimited licence will allow the mine to draw more water than predicted. Should the mine go ahead, it is important that the research community continues to scrutinise the regular water quality and usage reports that Adani is required to provide. Water licences can, after all, be revoked. </p>
<p>We should also be concerned about industries like coal seam gas that currently do not require water licensing, but nevertheless use huge amounts of artesian water. </p>
<p>Although water is an important issue, it is vital not to lose sight of the numerous other environmental impacts of the Carmichael mine. For example, an estimated <a href="https://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/carmichael-statement-reasons.pdf">4.7 billion tonnes</a> of greenhouse gas emissions will result from the mining and burning of Carmichael coal. Climate warming will impact Australia on multiple fronts, including bleaching of the <a href="http://www.ehp.qld.gov.au/assets/documents/climate/advancing-climate-action.pdf">Great Barrier Reef</a>, increasing the intensity of <a href="http://www.environment.gov.au/system/files/resources/fa553e97-2ead-47bb-ac80-c12adffea944/files/cc-risks-full-report.pdf">tropical cyclones</a>, causing more heat-related <a href="http://www.climatecouncil.org.au/uploads/b7e53b20a7d6573e1ab269d36bb9b07c.pdf">deaths, diseases and droughts</a>.</p><img src="https://counter.theconversation.com/content/75923/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ellen Moon works on a project funded by the Cooperative Research Centre for Contamination Assessment and Remediation of the Environment.</span></em></p>Adani’s controversial Carmichael coal mine in Queensland’s Galilee Basin has been granted an unlimited 60-year water licence. But a range of measures could help the industry use less freshwater.Ellen Moon, Researcher in Geochemistry, Southern Cross UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/745522017-03-17T05:24:49Z2017-03-17T05:24:49ZUnpicking the labyrinth that is India’s Adani<p>Indian multinational <a href="http://www.adani.com/">Adani Group</a> is becoming a more familiar name in Australia, as the company’s interest in its proposed Carmichael coal mine <a href="https://theconversation.com/india-is-hedging-its-bets-on-coal-to-bring-power-to-the-people-54657">in Queensland grows</a>. At the same time, there’s concerns the arrangement <a href="http://www.abc.net.au/news/2017-03-14/adani-carmichael-coalmine-to-shift-millions-to-cayman-islands/8350704">may shift some of its likely revenue</a>, even if it does deliver on all of <a href="http://statements.qld.gov.au/Statement/2016/10/9/queensland-government-steps-up-to-progress-adani-mine-project">the promised business and job opportunities</a> for Australia.</p>
<p>Profit shifting has been tied to the labyrinth of financial structures and ownership, related to different companies within the publicly listed Adani Group and/or family members. Even though this setup draws scrutiny in developed countries like Australia, it’s common and makes sense in the context of emerging markets like India.</p>
<p>Since 2013, Adani’s growing interest in the Carmichael mine has been tied to volatility of global coal prices and sea-borne freight rates. However <a href="http://www.reuters.com/article/adani-ent-australia-coal-idUSL3N0T126820141112">the financial viability</a> of the project has remained questionable. Most Indian companies’ overseas interests and large investments, barring that of Tata Motor’s acquisition of Jaguar Land Rover, during the 2008 crisis, have not yet been <a href="http://blogs.economictimes.indiatimes.com/Swaminomics/why-foreign-acquisitions-need-opportunism-not-gigantism/">financially rewarding</a>.</p>
<h2>Why Adani is structured the way it is</h2>
<p>Family-run diversified conglomerates are the norms of many developing nations. In India, older family-run business conglomerates like <a href="http://www.tata.com/company/index/Tata-companies">Tata</a> and <a href="http://www.adityabirla.com/businesses/companies">Birla</a> have lately seen others joining the club – from <a href="http://fortuneindia.com/2016/april/mukesh-ambani-s-big-balancing-act-1.3310">Mukesh Ambani</a> (and his brother’s <a href="http://www.relianceada.com/ada/rgroup_businesses.html">ADAG part</a>) to Adanis, <a href="http://www.mahindra.com/investors">to Mahindras</a>. In Japan, such structures are known as <a href="https://hbr.org/2013/09/the-new-improved-keiretsu">Keiretsu</a> and in South Korea, as <a href="https://www.cnet.com/news/the-chaebols-the-rise-of-south-koreas-mighty-conglomerates/">Chaebol</a>.</p>
<p>While this might seem like organised chaos in the context of developed countries, studies have shown that centralised and <a href="https://hbr.org/1997/07/why-focused-strategies-may-be-wrong-for-emerging-markets">focused, core competency driven strategies</a> in businesses may not be the best choice in emerging markets like India. This is because of uncertainty around government policy and the need to “manage” government expectations. </p>
<p>Many emerging countries like India have seen a rise in <a href="https://www.forbes.com/sites/forbesasia/2013/03/13/what-the-billionaires-list-tells-us-about-asian-emerging-markets/#5ffc5d346328">industrial billionaires</a> from businesses that rely on government policies that allocate natural resources. The rise of the Adani’s private individual or publicly-listed companies in the group are historically linked with coal trade - starting with when it was private back in the 1980s.</p>
<p>Doing business in developing nations or with companies in developing nations has never been easy. Some businesses like, Adani Group, have mastered that art well by creating a series of connections with the government. </p>
<p>The key man behind all of Adani’s business interests and fortunes is <a href="https://theconversation.com/does-gautam-adani-really-need-galilee-basin-coal-45759">Gautam Adani</a>. Many view the rise of the group as interwined with the <a href="http://www.thecitizen.in/index.php/NewsDetail/index/1/3375/The-Incredible-Rise-and-Rise-of-Gautam-Adani-Part-One">rise of the political career</a> of India’s Prime Minister, Narendra Modi, starting with the days when he was the Chief Minister of Gujarat.</p>
<p>In businesses controlled and founded by a family there’s usually a haze of subsidiary companies, with opaque corporate governance and structures. However there are exceptions in some of these diversified groups, like the <a href="http://auto.economictimes.indiatimes.com/news/industry/mahindra-group-chairman-anand-mahindra-among-barrons-2016-top-30-global-ceos-list/51513830">Mahindras</a>, who exhibit exemplary corporate governance and transparency. </p>
<p>Conservative accounting norms suggest businesses should factor in the worst possibilities, both in terms of liabilities as well as assets. But the discretion on what exactly is reported has always remained opaque. </p>
<p>Accounting standards allow listed companies to merely disclose, without recognising, <a href="http://www.investopedia.com/terms/c/contingentliability.asp">contingent liabilities</a>. These standards also don’t require disclosure nor recognition of <a href="http://www.investopedia.com/terms/c/contingentasset.asp">contingent assets</a>, where potential economic benefit is dependent solely on future events that can’t be controlled by the company. This can lead to accounting and legal complexities. </p>
<p>More importantly, there is a need for transparency on what all business interests top management may have, whether those business interests are privately held (and onshore or offshore), or listed. Business leaders should also report any potential conflicts arising from the same person representing multiple boards, or taking key decisions in different companies. </p>
<h2>The success of the group</h2>
<p>The rise of the Adani group over the last three decades has been phenomenal. It now has <a href="http://www.adani.com/businesses">keen interests and operations</a> in three equally vital components, namely resources, logistics and energy.</p>
<p>Indian media have scrutinised <a href="https://thewire.in/58640/black-money-investigation-a-feast-of-vultures/">Adani Group</a> from obvious and visible allegations of cronyism, to accounting malpractices related to <a href="https://thewire.in/27907/from-adani-to-ambani-how-alleged-over-invoicing-of-imported-coal-has-increased-power-tariffs/">under-invoicing or over-invoicing</a>. </p>
<p>The group also remains one of <a href="https://doc.research-and-analytics.csfb.com/docView?language=ENG&source=emfromsendlink&format=PDF&document_id=1021449371&extdocid=1021449371_1_eng_pdf&serialid=9IEtj9tC9wxAGa5r2NuYSCyQ3AtHVhY88a0%2bhKfpy3E%3d">the most leveraged groups in India</a>, meaning it borrows a lot of capital for investment, expecting the profits made to be greater than the interest payable. This is at a time when India’s state-owned banks have been suffering from <a href="https://scroll.in/article/829895/the-daily-fix-indias-npa-crisis-points-to-the-crony-capitalist-rot-at-the-heart-of-the-economy">chronic non-performing loans or assets</a>, usually funded by the government, with taxpayers’ money. </p>
<p><a href="http://www.business-standard.com/article/companies/lower-demand-widens-adani-power-s-q3-standalone-loss-16-fold-to-rs-478-cr-117012000961_1.html">Adani’s key listed companies</a> are Adani Power, Adani Ports and Adani Enterprises (other one being Adani Transmissions Ltd).</p>
<p>Adani Enterprises, the arm of the group involved with Carmichael coal project, had <a href="http://in.reuters.com/article/adani-ent-restructuring-idINKBN0L30W620150130">a demerger back in 2015</a> from a more complex holding structure. The demerger created shareholder value in the other listed group companies, because of a loss of the risk of uncertainties related to the big Carmichael mine’s liabilities. Naturally, Adani Enterprises’ stock <a href="http://www.business-standard.com/article/markets/why-the-80-per-cent-drop-in-adani-enterprises-is-justified-115060300653_1.html">tanked 80%</a> with that demerger.</p>
<p>Adani Power’s problems are twofold – the <a href="http://www.business-standard.com/article/companies/lower-demand-widens-adani-power-s-q3-standalone-loss-16-fold-to-rs-478-cr-117012000961_1.html">unavailability of domestic fuel</a> and local demand for power in the power-surplus Gujarat state of India. This means the company’s plants are underutilised, leading to low financial performances. </p>
<p>Even though Indian business houses might have similar structures, they don’t all act the same. Some have matured after burning their fingers; and follow best accounting and corporate governance practices. </p>
<p>Adani group is comparatively a new kid in the block. So the question remains on whether the Adanis would help improve perceptions of Indian business and investment overseas in the years to come. Developments so far in the Carmichael mine do not indicate an easy ride.</p><img src="https://counter.theconversation.com/content/74552/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Ranjit Goswami does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Even though the setup of the Indian Adani Group draws scrutiny in developed countries like Australia, it’s common and makes sense in the context of emerging markets like India.Ranjit Goswami, Vice-Chancelllor, RK UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/732032017-03-09T19:22:41Z2017-03-09T19:22:41ZWhy ‘green-black’ alliances are less simple than they seem<figure><img src="https://images.theconversation.com/files/160118/original/image-20170309-21039-sbcivl.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">Certain traditional owners and conservation groups allied to stand against a planned gas hub in Western Australia's Kimberley region.</span> <span class="attribution"><span class="source">AAP Image/Tim Gentles</span></span></figcaption></figure><p>In Australia and across the world, Indigenous people are resisting developments that threaten their lands. <a href="https://www.theguardian.com/australia-news/2017/feb/07/indigenous-owners-threaten-legal-action-unless-adani-abandons-land-access-deal">Wangan and Jagalingou</a> people stand in opposition to the planned Carmichael coalmine in Queensland, while the Sioux people are holding firm in their struggle against the Dakota Access Pipeline at <a href="https://culanth.org/fieldsights/1010-standing-rock-nodapl-and-mni-wiconi">Standing Rock</a>. </p>
<p>As these contests intensify, they reveal that Indigenous peoples often have limited say over what happens on their country. When pitted against powerful state and corporate actors, Indigenous people may seek assistance from others, such as environmentalists, to protect their interests and further their aspirations. </p>
<p>In Australia, these arrangements have sometimes been called “green-black alliances”. However, as we argue in our new book <a href="http://uwap.uwa.edu.au/products/unstable-relations-indigenous-people-and-environmentalism-in-contemporary-australia">Unstable Relations</a>, it is misleading to contend that Indigenous people and environmentalists necessarily share (or don’t share) the same ends and motives. </p>
<p>They are neither natural allies nor enemies. Instead, we suggest, close attention to the past and present of “green-black” meetings in Australia reveals that their relationships are surprisingly unstable, and are shaped by shifting legal and social contexts. </p>
<p>To understand how and why these collaborations occur, and how and why they can fall apart, we need a better comprehension of the particular processes and people involved, rather than treating them all as uniform.</p>
<h2>Understanding land rights today</h2>
<p>Since 1966, governments in Australia have progressively recognised different forms of Indigenous land rights. Perhaps the most well known is “native title”, which was first recognised in the High Court’s 1992 <a href="https://theconversation.com/advocates-or-activists-what-can-lawyers-learn-from-mabo-7443">Mabo decision</a>. </p>
<p>Native title applies only to Crown lands and pastoral leases, only authorises limited land use rights, and is proven through condescending tests of cultural “continuity”. Because of the history of colonial dispossession, some groups fail to meet these tests; others refuse to do so. These problems notwithstanding, multiple forms of Indigenous land rights together cover more than a third of the continent, much of it in remote Australia.</p>
<p>As we have <a href="https://www.theguardian.com/australia-news/2017/feb/05/adani-mine-leases-and-national-parks-in-doubt-after-native-title-court-decision">recently seen</a>, mining companies and others often greet changes to land rights regimes with dire warnings about economic impacts. The “Mabo madness” of the 1990s proved overblown. By and large, Australia’s various land rights regimes have been highly accommodating to miners and mineral extraction. </p>
<p>In violation of United Nations principles, Australia’s native title laws do not recognise Indigenous peoples’ rights to consent over what happens on their country. Rather, they simply allow a right to be consulted for six months. This gives rise to contractual agreements, such as Indigenous Land Use Agreements, which effectively grant mining companies and others a “social licence to operate” in exchange for a mixture of cash and in-kind benefits.</p>
<p>Indigenous academic <a href="http://www.abc.net.au/radionational/programs/boyerlectures/series/2012-boyer-lectures/4305696">Marcia Langton</a> and others have argued that this era of “agreement-making” has the potential to lift Indigenous people in remote areas out of poverty. According to this argument, environmental groups that raise concerns about industrial activity do so at Indigenous peoples’ expense. </p>
<p>A simplified version of this story is often found in the mainstream media, casting environmentalists as out-of-touch urbanites and portraying Indigenous groups who work with them as dupes or somehow <a href="https://www.theguardian.com/commentisfree/2017/jan/02/the-biggest-threat-to-culture-is-not-an-lng-plant-the-real-battle-for-james-price-point">illegitimate</a>. </p>
<p>Meanwhile, many Australians seem to accept that extractive developments are both inevitable and beneficial, despite complex <a href="https://press.anu.edu.au/publications/series/centre-aboriginal-economic-policy-research-caepr/my-country-mine-country">evidence</a> to the contrary. </p>
<p>The alternative view is the one depicted in this painting by Garawa artist <a href="http://www.waralungku.com/artists/jacky-green">Jacky Green</a>, in which a road train covered with dollar signs represents “the wealth being taken away from us, from our country”.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=442&fit=crop&dpr=1 600w, https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=442&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=442&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=555&fit=crop&dpr=1 754w, https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=555&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/158660/original/image-20170228-29945-1y1jh1g.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=555&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Money moving over Aboriginal heads.</span>
<span class="attribution"><span class="source">Jacky Green, 2012/Private Collection</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<h2>Unstable relations</h2>
<p>The anthropological and historical research presented in our book highlights that, far from being manipulated, Indigenous people who are opposed to a particular development often seek to enter into strategic partnerships with environmentalists. Crucially, these are not inevitable alliances but negotiated collaborations, which can run into problems if circumstances change.</p>
<p>The <a href="https://theconversation.com/the-wild-rivers-act-controversy-5663">controversy</a> that erupted in recent years over Queensland’s Wild Rivers Act was shaped by collaborative relationships established between the Australian Conservation Foundation, The Wilderness Society, and Cape York Land Council and its former chairman Noel Pearson decades earlier. Whereas these groups had formalised an alliance in the mid-1990s, which successfully lobbied for land rights and the return of country to traditional owners in Cape York, they <a href="http://www.tandfonline.com/doi/abs/10.1080/00049182.2011.546319">split</a> in the late 2000s over how to regulate planning on that country. </p>
<p>Nonetheless, while a public controversy raged, together these groups continued to privately negotiate further outcomes over jointly managed national parks. </p>
<p>Another quite different example is the campaign against a major liquid-gas processing plant and port at Walmadany (<a href="https://theconversation.com/james-price-point-environmental-significance-ignored-in-failed-impact-assessment-8817">James Price Point</a>) in Western Australia. The ethnographer <a href="http://www.rowmaninternational.com/books/the-mothers-day-protest-and-other-fictocritical-essays">Stephen Muecke</a> has characterised the relationship between those Goolarabooloo people who sought to halt the project and their green supporters as the most successful such collaboration in Australia’s history. </p>
<p>This was based on long-term personal relationships between some of those involved and, crucially, the media and <a href="https://theconversation.com/james-price-point-environmental-significance-ignored-in-failed-impact-assessment-8817">scientific resources</a> that environmentalists were able to bring to the campaign. “Citizen scientists” took their cue from Goolarabooloo people’s firsthand knowledge of local environs, conducting highly successful surveys of turtle nests and bilbies.</p>
<p>In <a href="http://uwap.uwa.edu.au/products/unstable-relations-indigenous-people-and-environmentalism-in-contemporary-australia">our book</a>, we and other contributors point to many other productive but nonetheless unstable relationships in South Australia, the Northern Territory, Victoria and elsewhere.</p>
<h2>The ‘green-black’ future</h2>
<p>Environmentalists often seem oblivious to the contractual landscape in which they are acting. They mistake their relationships with particular Indigenous groups as a natural alliance, based on received ideas of Indigenous connection to country.</p>
<p>But as Yorta Yorta activist Monica Morgan has pointed out, Indigenous people have a holistic relationship with their country, which doesn’t always fit with the specific goals of environmentalists. When green groups assume that Indigenous peoples’ “traditional culture” is necessarily conservationist, this can lead them to denigrate Indigenous people who pursue economic opportunities. </p>
<p>Relationships between Indigenous people and environmental interests continue to change. Both are now landholders of significant conservation areas in remote Australia, while Indigenous people are increasingly employed as rangers through state-funded conservation projects. </p>
<p>Again, specific case studies show how these arrangements are far from simple. At the former pastoral property of <a href="http://www.australianwildlife.org/sanctuaries/pungalina-seven-emu-sanctuary.aspx">Pungalina</a> in Queensland’s Gulf Country, Garawa people return to “Emu Dreaming” places now managed by non-Indigenous conservationists. There they negotiate an ambiguous field of responses to their presence, ranging from interest and respect to anxiety. </p>
<p>In Arnhem Land, Kuninjku people express ambivalence about the problem of the environmentally destructive <a href="http://www.abc.net.au/radionational/programs/saturdayextra/managing-wild-buffalo-in-arnhem-land/7284802">buffalo</a> in an Indigenous Protected Area. The buffalo are simultaneously recognised as companions, an environmental problem, and a crucial source of meat in hungry times.</p>
<p>As long as Indigenous people have limited capacity to decide what happens on their country, and as long as environmentalists continue to oppose destructive developments, their interests will sometimes intersect. However, as these situations arise and alliances form, we should be careful to avoid essentialising or conflating those involved. “Green-black” alliances will certainly be productive at times, but they will always be unstable.</p><img src="https://counter.theconversation.com/content/73203/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Timothy Neale receives funding from the Bushfire and Natural Hazards Cooperative Research Centre. </span></em></p><p class="fine-print"><em><span>Eve Vincent does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Relations between Indigenous peoples and environmentalists can be productive for both parties, but they will always be unstable.Timothy Neale, Research Fellow, Deakin UniversityEve Vincent, Lecturer, Macquarie UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/694232016-11-26T03:01:47Z2016-11-26T03:01:47ZCarmichael mine jumps another legal hurdle, but litigants are making headway<p>The Carmichael coal mine planned for Queensland’s Galilee Basin has cleared another legal hurdle, with the state’s Supreme Court dismissing a legal challenge to the validity of the Queensland government’s decision to approve the project.</p>
<p>The court found in favour of the Queensland Department of Environment and Heritage Protection, ruling that its approval of Indian firm Adani’s proposal was within the rules.</p>
<p>The decision is another setback for environmentalists’ bid to stop the controversial project. But Adani does not yet have a green light to break ground on the project, and legal questions still remain, both about this project and about climate change litigation more generally.</p>
<h2>The Supreme Court ruling</h2>
<p>It is important to note that this was a judicial review proceeding – a narrow type of review in which the court is not permitted to consider whether or not the decision to approve the mine was “correct”. The court could only rule on whether correct procedures were followed, while accepting that the decision was at the government’s discretion.</p>
<p>Within this already narrow context, the argument on which the legal challenge hinged was even more constrained. It was brought by an environmental campaign group called Land Services of Coast and Country (LSCC), and was focused on a particular point of Queensland environmental law.</p>
<p>Queensland’s <a href="https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/EnvProtA94.pdf">Environmental Protection Act 1994</a> requires that decisions are made in accordance with the Act’s objective, which is to deliver “ecologically sustainable developent”. LSCC argued that the government failed to do this in approving the coalmine.</p>
<p>The Supreme Court disagreed, finding that the government had considered all matters that it were obliged to consider. So in this respect, the Supreme Court’s decision is an endorsement of the process, but not necessarily the ultimate decision.</p>
<p><strong>Is this the final hurdle overcome for Adani?</strong></p>
<p>In short, no. The decision can be referred to Queensland’s Court of Appeal. There is also ongoing litigation against Adani in the Federal Court of Australia under federal environmental and native title laws. There are also some approvals yet to be obtained by Adani, including a <a href="http://www.abc.net.au/news/2016-11-10/parliament-qld-laws-water-licence-requirements-mining-companies/8011634">groundwater licence</a>.</p>
<p><strong>Is this ruling a rejection of climate change arguments against the coal mine?</strong></p>
<p>No. This case dealt specifically with the question of whether the Queensland government had complied with a particular aspect of the law. The Supreme Court did not (and was not able to) address the potential climate change impacts of the proposed mine.</p>
<p>These climate issues were addressed more fully by Queensland’s Land Court in the case of <a href="http://archive.sclqld.org.au/qjudgment/2015/QLC15-048.pdf">Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors (2015) QLC 48</a>.</p>
<p>Importantly, the Land Court in this case accepted the scientific basis for climate change, and agreed that “scope 3 emissions” (that is, the emissions produced when the coal is burned overseas) are indeed a relevant consideration in whether or not to approve the mine.</p>
<p>However, Adani successfully used a “market substitution” defence, arguing that if the mine is refused, coal would simply be mined elsewhere and burned regardless.</p>
<p><strong>What does this case say about climate change litigation more generally?</strong></p>
<p>The latest judgement was handed down amid a series of fresh attacks on the rights of environmental groups to use Australia’s environmental laws to hold companies and governments to account. Federal Environment and Energy Minister Josh Frydenberg has <a href="http://www.theaustralian.com.au/business/mining-energy/foreignfunded-anticoal-activists-risk-driving-india-away/news-story/832acdae706c0f042c03158c18dde7ac">raised concerns</a> about “activists … seeking to frustrate” projects with “vexatious litigation”, while Prime Minister Malcolm Turnbull has revived plans to <a href="https://theconversation.com/turnbull-wants-to-change-australias-environment-act-heres-what-we-stand-to-lose-67696">amend federal environmental legislation</a> so as to <a href="https://theconversation.com/brandis-changes-to-environmental-%20laws-will-defang-the-watchdogs-46267">restrict standing to apply for judicial review</a> – the so-called “lawfare” amendments. </p>
<p>In the wake of the new ruling, the head of the Queensland Resources Council has <a href="http://www.afr.com/news/politics/adanis-165b-carmichael-mine-stuck-in-twoyear-legal-backlog-20161124-gsx9bt">criticised the delays caused by litigation against mining projects</a>.</p>
<p>This begs the question: is climate change litigation “vexatious”? A close analysis of Queensland court decisions would suggest the opposite. Climate change issues have been considered in a series of three key Queensland Land Court cases: <a href="http://archive.sclqld.org.au/qjudgment/2012/QLC12-013.pdf">Wandoan Mine in 2012</a>, <a href="http://archive.sclqld.org.au/qjudgment/2014/QLC14-012.pdf">Alpha Coal Project in 2014</a>, and the <a href="http://archive.sclqld.org.au/qjudgment/2015/QLC15-048.pdf">Carmichael Mine (Adani) in 2015</a>. </p>
<p>The Alpha Coal matter has <a href="http://archive.sclqld.org.au/qjudgment/2015/QSC15-260.pdf">proceeded to the Supreme Court</a>, the <a href="http://archive.sclqld.org.au/qjudgment/2016/QCA16-242.pdf">Court of Appeal</a>, and leave has been sought to appeal to the High Court of Australia. Importantly, none of these cases has been dismissed as vexatious; each resulted in a lengthy judgement analysing the complex legal issues raised by the objector.</p>
<p>Furthermore, although objectors have not yet succeeded in stopping a mining project on the basis of climate concerns, they have nevertheless made modest strides. Most recently, President McMurdo of Queensland’s Court of Appeal found that the Land Court <a href="http://archive.sclqld.org.au/qjudgment/2016/QCA16-242.pdf">must consider scope 3 emissions</a> in deciding whether a mine should be granted environmental approval. This represents significant progress, given that climate science was <a href="http://www.austlii.edu.au/au/cases/qld/QLRT/2007/33.html">questioned by Queensland Courts less than ten years ago</a>. </p>
<p>The only significant barrier remaining to a successful climate change case is the market substitution defence, which will be considered by the High Court if special leave is granted in the Alpha Coal matter.</p>
<p>Climate change litigation has also clarified other environmental and economic impacts. In the Carmichael Mine case, it was discovered that the mine site was a critical habitat for the endangered black-throated finch – evidence that was not previously available. The Land Court ordered strict conditions aimed at protecting this species. The litigation also served to clarify the significantly overstated economic benefits of the mine – particularly Adani’s estimate that it would generate more than 10,000 jobs. It was revealed in court that this figure was more likely to be 1,206 jobs in Queensland, as part of a total of 1,464 jobs in Australia.</p>
<p><strong>Where to for climate change litigation?</strong></p>
<p>Although the latest judgement is another setback for environmental groups, it is part of a bigger body of case law that is making real and discernible progress in ensuring that climate change is considered by decision-makers and courts.</p>
<p>Given that several courts have agreed on the validity of climate litigants’ arguments, it seems perverse for the federal government to try and restrict environmental groups’ right to continue raising these concerns.</p><img src="https://counter.theconversation.com/content/69423/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Justine Bell-James has previously received funding from the Australian Research Council. She has previously assisted EDO Qld with policy advice.</span></em></p>Queensland’s Supreme Court has backed the state government’s decision to approve the proposed Carmichael coal mine. But environmental groups have scored some key legal points on climate considerations.Justine Bell-James, Lecturer in Law, The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/674492016-11-01T19:07:00Z2016-11-01T19:07:00ZFour environmental reasons why fast-tracking the Carmichael coal mine is a bad idea<p>Pressure is mounting for Adani’s Carmichael coal mine to proceed in inland Queensland. Recently the state government quietly gave the project <a href="http://statements.qld.gov.au/Statement/2016/10/9/queensland-government-steps-up-to-progress-adani-mine-project">“critical infrastructure” status</a> to prioritise its development. </p>
<p>Providing this level of government status to a private enterprise is unusual – the last time it happened was in the early <a href="http://statements.qld.gov.au/Statement/2016/10/9/queensland-government-steps-up-to-progress-adani-mine-project">2000s</a>, and it is usually reserved for projects associated with national security, public education and health. </p>
<p>In response to delays and finance issues, Adani has also reportedly scaled back its <a href="http://www.afr.com/opinion/columnists/adani-prepares-for-an-end-to-lawfare-with-a-smaller-cheaper-carmichael-20160921-grla4o">initial proposal</a> to increase the mine’s viability. There are also <a href="http://www.theaustralian.com.au/national-affairs/12bn-economic-cost-of-environmental-lawfare/news-story/2fd02e9c4a79548666d3c5b30c5254ab">growing political calls</a> to weaken the ability of environmental groups to challenge infrastructure projects. </p>
<p>Others have commented on the mine’s issues around <a href="http://www.brisbanetimes.com.au/queensland/adani-carmichael-mine-to-create-1464-jobs-not-10000-20150427-1mumbg.html">employment</a>, <a href="http://www.brisbanetimes.com.au/queensland/adani-must-prove-financial-viabiltiy-for-carmichael-mine-minister-20161009-gryd3p.html">finance</a>, and <a href="http://www.abc.net.au/news/2016-08-19/indigenous-challenge-to-adani-carmichael-coal-mine-dismissed/7765466">indigenous</a> and rural communities. But as ecologists, there are four good reasons why we believe the mine should not go ahead. </p>
<h2>Climate change</h2>
<p>To meet the obligations under the <a href="https://theconversation.com/the-paris-climate-agreement-at-a-glance-50465">Paris climate agreement</a> to limit warming to well below 2°C, it is widely accepted that 90% of Australia’s coal will need to <a href="https://theconversation.com/unburnable-carbon-why-we-need-to-leave-fossil-fuels-in-the-ground-40467">stay in the ground</a>. </p>
<p>The proposed extraction of <a href="http://envlaw.com.au/carmichael-coal-mine-case/">2.3 billion tonnes</a> of coal from the Carmichael mine flies in the face of global efforts to stop climate change. The emissions from the coal from this one mine would exceed <a href="http://envlaw.com.au/carmichael-coal-mine-case/">0.5% of the entire global carbon budget</a> – the <a href="https://theconversation.com/setting-a-carbon-budget-to-keep-below-two-degrees-18841">total amount of carbon</a> than can be emitted without exceeding 2°C warming. </p>
<p>Put another way, the <a href="https://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/carmichael-statement-reasons.pdf">4.7 billion tonnes of greenhouse gas emissions</a> associated with the mine will be equivalent to nine times Australia’s <a href="http://ageis.climatechange.gov.au">overall emissions in 2014</a>.</p>
<p>Yet these emissions have been given little consideration in the mine’s approval process. Adani’s <a href="http://eisdocs.dsdip.qld.gov.au/Carmichael%20Coal%20Mine%20and%20Rail/EIS/Appendices/T-Mine-Greenhouse-Gas-Report.pdf">Environmental Impact Statement</a> makes little reference to the mine’s “downstream” emissions, and Australia’s former environment minister Greg Hunt, in his <a href="https://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/carmichael-statement-reasons.pdf">reasons</a> for approving the mine, said the emissions would be “managed and mitigated through national and international emissions control frameworks”, including in those countries that import the coal. </p>
<p>Following an appeal challenging Hunt’s assertion that these emissions would have no directly quantifiable impact on the Great Barrier Reef, the Federal Court found that the minister was entitled to find that the burning of the coal will have <a href="http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2016/2016fca1042">no relevant impact</a> on the reef. </p>
<h2>The Great Barrier Reef</h2>
<p>The shipping of coal from the Carmichael mine is contingent upon redeveloping the shipping port at Abbot Point, which requires dredging the seabed. </p>
<p>Following public opposition to dumping dredge spoil at sea, the most recently approved proposal is to dredge 1.1 million cubic metres of the seabed and <a href="http://www.environment.gov.au/system/files/pages/cb8a9e41-eba5-47a4-8b72-154d0a5a6956/files/factsheet-abbot-point.pdf">dump the spoil on land</a> next to the Caley Valley Wetlands. </p>
<p>The wetlands are important habitat for at least <a href="http://fightforthereef.org.au/wp-content/uploads/2014/09/140911-Caley-Valley-values-report1.pdf">22 migratory shore birds</a> listed under the national environmental legislation, so the current plan is still contentious. </p>
<p>The current plan to dump the dredge spoil on land still <a href="https://theconversation.com/dumping-abbot-point-dredge-spoil-on-land-wont-save-the-reef-38716">won’t save the reef</a> because the actual dredging process removes the seabed, along with the seagrass and animals that survive there. </p>
<p>Dredging also releases fine <a href="https://theconversation.com/what-can-we-say-for-certain-about-dredging-and-the-great-barrier-reef-39181">sediments</a>, reducing water quality while smothering surrounding seagrass beds and coral reefs, with some <a href="http://www.sciencedirect.com/science/article/pii/S0272771414000894">models predicting the spread of fine sediments</a> up to 200km from where the activity took place, within 90 days. </p>
<p>Corals exposed to dredge material are twice as prone to suffer <a href="https://theconversation.com/dredge-spoil-linked-to-coral-disease-wa-study-shows-29265">disease</a>. Improving water quality is a key factor for <a href="https://theconversation.com/how-will-the-barrier-reef-recover-from-the-death-of-one-third-of-its-northern-corals-60186">increasing the resilience</a> of coral reefs to major bleaching events.</p>
<h2>Water</h2>
<p>The Carmichael Mine as currently proposed would extract <a href="http://eisdocs.dsdip.qld.gov.au/Carmichael%20Coal%20Mine%20and%20Rail/SEIS/Appendices/Appendix%20K/Appendix-K2-Water-Balance-Report.pdf">12 billion litres</a> of water each year. Removing this water to access the coal seam will reduce water pressure in the aquifer (rock that stores water underground), with knock-on effects. The mine is situated close to <a href="https://theconversation.com/water-in-water-out-assessing-the-future-of-the-great-artesian-basin-13104">the Great Artesian Basin</a>, a <a href="http://www.agforceqld.org.au/index.php?page_id=170">key resource for agriculture</a> across inland Australia</p>
<p>For instance, this drawdown could reduce water reaching the Mellaluka and Doongmabulla Springs Complexes, which have exceedingly high <a href="https://d3n8a8pro7vhmx.cloudfront.net/auscon/pages/1330/attachments/original/1473390616/Carmichael_conditions_report.pdf?1473390616">conservation value</a>. These springs are some of the largest examples remaining and provide habitat for many species of specialised plants that are only known from spring-fed wetlands. </p>
<p>If the springs go dry, even temporarily, endemic species will not survive and will become extinct at the site.</p>
<p>Removing groundwater is expected to increase the duration of <a href="http://www.iesc.environment.gov.au/system/files/resources/fc3719de-55c6-4bac-abaa-409733668f3d/files/iiesc-advice-carmichael.pdf">zero- or low-flow periods</a> in the Carmichael River system. The communities and ecosystems in the region are already highly <a href="https://theconversation.com/queensland-risks-running-the-well-dry-by-gifting-water-to-coal-34752">reliant on groundwater</a>, due to variable surface waters. This could also affect the acidity and salinity of soils. </p>
<p>Clearing the land for the mine itself – <a href="https://theconversation.com/approval-of-australias-largest-coal-mine-ignores-climate-and-water-29780">an area</a> equivalent to Queensland’s Moreton Island - will likely <a href="http://www.tandfonline.com/doi/abs/10.1080/13504509.2013.850752">reduce local rainfall</a> considerably.</p>
<p>Due to the high uncertainty surrounding groundwater, the independent scientific committee <a href="http://www.iesc.environment.gov.au/system/files/resources/fc3719de-55c6-4bac-abaa-409733668f3d/files/iiesc-advice-carmichael.pdf">recommended improvements in groundwater modelling and monitoring</a> before proceeding with the project. The high degree of uncertainty and inadequate treatment of groundwater impacts in the Environmental Impact Statement were the subject of legal proceedings in the <a href="http://envlaw.com.au/wp-content/uploads/carmichael2.pdf%22%22">Land Court in 2015</a>. </p>
<h2>Threatened species</h2>
<p>The Carmichael mine site is home to the <a href="http://www.birdlife.org.au/documents/NEWS-Black-throated_Finch_Recovery_Team_Position_Statement_Galilee_Basin.pdf">largest known population</a> of the endangered southern Black-throated finch (<em>Poephila cincta cincta</em>), which has lost <a href="http://www.environment.gov.au/system/files/resources/f164f090-6c72-4e29-a91b-0037b82f4250/files/p-cincta.pdf">80% of its former habitat</a>.</p>
<p>The intact areas of continuous habitat in this region - such as that at the mine site - have so far remained in good condition and relatively free of the invasive weed species that are contributing to the finch’s decline in other parts of its range. </p>
<p>The <a href="http://www.birdlife.org.au/documents/NEWS-Black-throated_Finch_Recovery_Team_Position_Statement_Galilee_Basin.pdf">Black-throated Finch Recovery Team highlighted</a> their concern over the Carmichael development with state and federal agencies. </p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=400&fit=crop&dpr=1 600w, https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=400&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=400&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=503&fit=crop&dpr=1 754w, https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=503&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/143863/original/image-20161031-15821-1qg7rt3.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=503&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Conservationists have expressed concerns over the mine’s impact on the black-throated finch.</span>
<span class="attribution"><span class="source">Eric Vanderduys</span>, <span class="license">Author provided</span></span>
</figcaption>
</figure>
<p>Adani has proposed to offset the loss of finch habitat resulting from the mine by protecting alternative, nearby habitat. But losing the best remaining habitat means the most viable population will be compromised. Experts have warned that <a href="http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0148485">offseting</a> the loss of habitat from mine development will not avoid serious detrimental impacts on the finch. </p>
<p>Keeping this habitat <a href="http://uqld.csiro.patron.eb20.com.ezproxy.library.uq.edu.au/Collections/ViewBook/bef97dee-fd37-4e71-ab9d-59691867c665">intact</a>, continuous and unfragmented will be key to maintaining its suitability for the finch. The only way to avoid severely impacting the finch is to avoid destroying its high-quality habitat – which would mean not digging the mine in these areas. </p>
<h2>A brighter future</h2>
<p>Giving the mine “critical infrastructure” status allows special dispensations to ignore normal approval processes. And this decision sends a signal to the wider community that this type of short-term thinking is front and centre in the state government’s mind. </p>
<p>Given the clear environmental impacts this mine will have, not just for the region but for the whole planet, we question the effectiveness of Australia’s current environmental laws that have allowed it to be approved. We believe it is time to place the entire social and environmental costs and benefits of this mine on the public table, and ask the question of the politicians who are meant to make decisions in our best interest: is the short-term profit of selling some coal worth it?</p>
<hr>
<p><em>This article was written with the help of Claire Stewart and Courtney Jackson, students in the Masters of Conservation Science program and members of the <a href="http://greenfirescience.wixsite.com/home">Green Fire Science Lab</a> at the University of Queensland.</em></p><img src="https://counter.theconversation.com/content/67449/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>April Reside receives funding from NESP Threatened Species Recovery Hub. She is a scientific advisor for the Black-throated Finch Recovery Team and is on Birdlife Australia's Research and Conservation Committee. </span></em></p><p class="fine-print"><em><span>Bonnie Mappin receives funding from the University of Queensland Research Scholarship.</span></em></p><p class="fine-print"><em><span>James Watson receives funding from the Australian Research Council. He is the Director of Science and Research Initiative of the Wildlife Conservation Society. </span></em></p><p class="fine-print"><em><span>Sarah Chapman is supported by an APA Scholarship. She is a PhD candidate at the University of Queensland.</span></em></p><p class="fine-print"><em><span>Stephen Kearney is supported by an APA Scholarship and has received funding from NESP Threatened Species Recovery Hub. </span></em></p>Queensland’s planned new coal mine could impact the climate, the Great Barrier Reef, water, and local species. Yet still it has been declared as ‘critical infrastructure’ by the state government.April Reside, Researcher, Centre for Biodiversity and Conservation Science, The University of QueenslandBonnie Mappin, PhD Candidate, Conservation Science, The University of QueenslandJames Watson, Associate professor, The University of QueenslandSarah Chapman, PhD Candidate, The University of QueenslandStephen Kearney, PhD Candidate , The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/676962016-10-30T19:06:26Z2016-10-30T19:06:26ZTurnbull wants to change Australia’s environment act - here’s what we stand to lose<p>Prime Minister Malcolm Turnbull is seeking changes to Australia’s national environment act to stop conservation groups from challenging ministerial decisions on major resource developments and other matters of environmental importance.</p>
<p>Turnbull is reviving a bid made by former Prime Minister Tony Abbott to abolish Section 487 of the <a href="https://www.environment.gov.au/epbc/publications/factsheet-epbc-act-frequently-asked-questions">Environment Protection and Biodiversity Conservation Act</a> (EPBC Act) - a bid rejected in the Senate in 2015. If it goes ahead, the change will significantly diminish the functionality of the act.</p>
<p>The EPBC Act, introduced by the Howard government in 1999, has an established record of success. Judicial oversight of ministerial discretion, enabled by expanded standing under Section 487, has been crucial to its success.</p>
<p>Section 487 allows individuals and groups to challenge ministerial decisions on resources, developments and other issues under the EPBC Act. An organisation can establish standing by showing they have engaged in activities for the “protection or conservation of, or research into, the environment” within the previous two years. They must also show that their purpose is environmental protection. </p>
<p>Repealing this provision would remove the standing of these groups to seek judicial review of decisions. Standing would then revert to the common law position. That means parties would need to prove they are a “person aggrieved” by showing that their interests have been impacted directly.</p>
<p>Many environmental groups will be unable to satisfy the common law test, leaving a <a href="http://www.abc.net.au/radionational/programs/breakfast/restricting-environmental-groups-excludes-aussie-voices/7961882">very small group of people</a> with the right to request judicial review – essentially, the right to check that federal ministerial power under the EPBC Act has been exercised properly.</p>
<p>This is likely to have a devastating impact on fragile ecological systems and biodiversity conservation strategies.</p>
<p>This is particularly concerning given the dramatic changes affecting the environment from the expansion of onshore resource development and the <a href="http://climate.nasa.gov/evidence/">acceleration of climate change</a>.</p>
<h2>Why do we have the EPBC Act?</h2>
<p>The EPBC Act was designed to promote the introduction of ecologically sustainable resource development. This means federal environment ministers must take into account the economic, environmental and social impacts of proposals. </p>
<p>The EPBC Act is triggered and developments require Federal approval when they affect:</p>
<ul>
<li>World heritage sites</li>
<li>National heritage sites </li>
<li>Wetlands</li>
<li>Threatened species and ecological communities</li>
<li>Migratory species</li>
<li>Nuclear actions, and </li>
<li>Commonwealth marine areas. </li>
</ul>
<p>Since its implementation, Section 487 has proved critical to the success of significant achievements in environmental protection and management. Here are just a few examples. </p>
<h2>The Nathan Dam case</h2>
<p>The <a href="http://www.austlii.edu.au/au/cases/cth/FCAFC/2004/190.html">Nathan Dam case</a> handed down in 2004 tested the protective scope of the EPBC Act. </p>
<p>Using Section 487, the Queensland Conservation Council and WWF Australia challenged the Federal Environment Minister’s decision to approve the construction of a large dam in central Queensland.</p>
<p>The dam was built to supply water for crop irrigation and other developments in the catchment of the Great Barrier Reef World Heritage Area. The issue was whether the minister, in granting approval, was required to take into account the impact of pollution from farmers using water supplied by the dam. </p>
<p>The Full Federal Court held that adverse impacts such as downstream pollution by irrigators did need to be taken into account by the minister. The importance of this decision lay in the finding that the scope of the EPBC Act was very broad, requiring the minister to consider indirect environmental impacts, including the acts of third parties where those acts could be reasonably anticipated.</p>
<p>The decision also resulted in an <a href="ii.edu.au/au/legis/cth/consol_act/epabca1999588/s527e.html">amendment</a> to the definition of “impact” set out in the act.</p>
<h2>The Wielangta Forest case</h2>
<p>In the 2006 <a href="http://www.austlii.edu.au/au/journals/UTasLawRw/2009/5.pdf">Wielangta Forest case</a> Senator Bob Brown of the Australian Greens argued that Forestry Tasmania’s operations were having a significant impact on three threatened species: the <a href="http://www.parks.tas.gov.au/?base=5121">Tasmanian Wedge-Tailed Eagle</a>, the <a href="http://www.parks.tas.gov.au/indeX.aspX?base=1089">broad-toothed stag beetle</a> and the <a href="http://www.parks.tas.gov.au/?base=5132">Swift Parrot</a>.</p>
<p>The Federal Court held that the loss of habitat was cumulative and had a dramatic impact on the three protected species. The court concluded that the objectives of the EPBC Act were to protect threatened species as well as restore populations so they were no longer threatened.</p>
<p>Forestry Tasmania had not complied with the Regional Forestry Agreements Act, because there was insufficient protection provided for threatened species. This meant that Forestry Tasmania could not claim an exemption from the application of the EPBC Act.</p>
<p>The decision is important because it highlights the ability of the Act, where judicial review is sought under Section 487 by an interested party, to determine the suitability of state practices for the protection and restoration of endangered species.</p>
<h2>The Japanese whaling case</h2>
<p><a href="http://www.austlii.edu.au/au/journals/UTasLawRw/2007/4.pdf">The case</a> brought by Humane Society International Inc (HSI) against Kyodo Senpaku Keisha Ltd (Kyodo) tested the scope of the EPBC Act to protect endangered species in international waters.</p>
<p>HSI sought to stop the Japanese company from scientific whaling in the Australian Whale Sanctuary. In response, Japan claimed it did not recognise Australia’s sovereignty over the Antarctic waters that lay within the sanctuary.</p>
<p>The Federal Court declared that Kyodo was in breach of the EPBC Act and granted HSI an injunction restraining Kyodo from committing further breaches. HSI’s standing under Section 487 was critical - without it, the case would not have been brought.</p>
<h2>The Carmichael coal mine cases</h2>
<p>In 2014 and 2015 two cases were brought challenging the decision of the Federal Environment Minister, Greg Hunt, to <a href="https://theconversation.com/greg-hunt-approves-adanis-carmichael-coal-mine-again-experts-respond-49227">approve the Carmichael coal mine</a>. The coal mine, one of the world’s largest, was to be developed by a subsidiary of the Indian company, Adani.</p>
<p>In early 2015 the Mackay Conservation Group brought an action in the Federal Court arguing that the Minister had failed to consider two listed threatened species, the <a href="https://www.environment.gov.au/biodiversity/threatened/publications/yakka-skink-egernia-rugosa">yakka skink</a> and the <a href="https://www.ehp.qld.gov.au/wildlife/animals-az/ornamental_snake.html">ornamental snake</a>.</p>
<p>No judgement was issued, but the court issued a statement that the Minister had failed to take these species into account when making the approval.</p>
<p>In 2016, the Australian Conservation Foundation brought a further case arguing that Hunt had failed to take account of the climate impact from the mine. It’s estimated the burning of coal from these mines will generate approximately 4.7 billion tonnes of greenhouse gas emissions.</p>
<p>In ACF v The Minister for the Environment, the Federal court concluded that the decision of the Environment Minister was legal, did not breach the EPBC Act and did not contravene the precautionary principle because there was no threat of serious or irreversible environmental damage to the Great Barrier Reef National Park.</p>
<p>ACF then sought an appeal from this decision to the Full Federal Court on the 16th of September, 2016. When handed down, the decision will be crucially important for the future of climate governance in Australia.</p>
<p>None of these decisions would have been possible without the groups’ standing under Section 487 of the EPBC Act. Removing these provisions undermines the foundational objectives of Australia’s national environmental act at a time when its protective capabilities are needed most.</p><img src="https://counter.theconversation.com/content/67696/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Samantha Hepburn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Prime Minister Malcolm Turnbull’s proposed changes to Australia’s national environment act will significantly reduce judicial oversight on environmental decisions. Here’s why that matters.Samantha Hepburn, Director of the Centre for Energy and Natural Resources Law, Deakin Law School, Deakin UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/669942016-10-25T19:06:40Z2016-10-25T19:06:40ZAustralia’s coal politics are undermining democratic and Indigenous rights<p>Can Australia achieve fair and open decision-making when big coal players are involved? The case of Adani’s proposed Carmichael coal mine suggests the answer is no, and Indigenous land owners are bearing the brunt. </p>
<p>The Queensland government’s <a href="http://statements.qld.gov.au/Statement/2016/10/9/queensland-government-steps-up-to-progress-adani-mine-project">recent decision</a> to declare the mine “<a href="http://www.edoqld.org.au/news/adanis-contentious-private-mining-development-fast-tracked-as-critical-infrastructure/">critical infrastructure</a>” grants the <a href="http://statedevelopment.qld.gov.au/infrastructure-delivery/prescribed-projects.html">Queensland Coordinator General</a> <a href="http://statedevelopment.qld.gov.au/resources/publication/cg/adani-gazette.pdf">extraordinary powers</a> to progress the development.</p>
<p>Yet the highly contentious mine continues to face <a href="http://envlaw.com.au/carmichael-coal-mine-case/">criticism</a> for its <a href="http://www.iesc.environment.gov.au/system/files/resources/fc3719de-55c6-4bac-abaa-409733668f3d/files/iiesc-advice-carmichael.pdf">environmental impacts</a>, as well as <a href="https://newmatilda.com/2015/04/10/big-banks-closing-vault-big-coal-adding-adanis-woes/">financial woes</a>, as well as active resistance from traditional land owners in the region, represented by the Wangan and Jagalingou Traditional Owners council. </p>
<h2>Carmichael in court</h2>
<p>The mine has now faced several court <a href="http://envlaw.com.au/carmichael-coal-mine-federal-court/">challenges</a>, including lawsuits on the basis of groundwater and biodiversity, climate change (including the <a href="http://www.edoqld.org.au/news/acf-appeal/">burning of coal</a> and its impacts for global warming and the Great Barrier Reef), and questions over whether it is economically viable and in the public interest.</p>
<p>While the decisions have generally fallen in favour of the mine, they have provided a platform for experts to expose the project’s impacts and the current limitations of environmental laws. They have also secured additional <a href="http://envlaw.com.au/carmichael-coal-mine-case/">environmental conditions</a> for the project’s approval. </p>
<p>The Carmichael mine is also a battleground for <a href="http://ohrh.law.ox.ac.uk/indigenous-rights-litigation-meets-global-climate-change-in-queensland-australia/">human rights concerns</a> and specifically the rights of Indigenous peoples. The <a href="http://wanganjagalingou.com.au/our-fight/">Wangan and Jagalingou Traditional Owners council</a> are engaged in several <a href="https://www.theguardian.com/environment/2016/sep/08/carmichael-coalmine-appeal-says-adani-misled-native-title-tribunal-over-benefits">legal cases</a> that could impact on the licensing of the project, leading to further delays, investment risk, and leases and agreements being overturned. </p>
<p>Wangan and Jagalingou council say the mine will “tear the heart out” of their ancestral lands, which is why they remain resolute in saying <a href="http://wanganjagalingou.com.au/traditional-owners-rejection-of-carmichael-stands-despite-adani-bank-rolling-bogus-land-use-agreement/">no to a land deal with Adani and the atate</a>. These challenges sit outside the current powers of the Coordinator General and are at the intersection of Australia’s <a href="http://wanganjagalingou.com.au/traditional-owners-fight-on-appeal-carmichael-mine-federal-court-decision/">native title system</a> and the rights of Indigenous peoples under international law and conventions. </p>
<p>For Indigenous communities, the mine’s Indigenous Participation Plan would deliver the equivalent of a paltry A$5,000 for each person living in the region each year, a scenario <a href="http://wanganjagalingou.com.au/canavan-doing-foreign-miner-adanis-bidding">described by one traditional owner</a> as “not a future for Aboriginal people, it’s a scam”. </p>
<h2>Sidelining dissenting voices</h2>
<p>Besides <a href="https://www.theguardian.com/environment/2016/oct/25/coal-will-be-important-for-many-many-decades-to-come-says-turnbull">championing coal</a>, state and federal ministers have repeatedly called for <a href="https://www.theguardian.com/environment/2016/oct/05/green-abuse-warrants-australian-law-review-says-resources-minister">significant winding back</a> of environmental (and other) laws that regulate mining, thereby closing down options to oppose the coal industry’s expansion. </p>
<p>Eroding the rights of activists and watering down laws is part and parcel of the approaches to marginalise dissenting voices, and thereby eroding democracy. </p>
<p>These approaches include expediting court processes to <a href="http://www.edoqld.org.au/news/expediting-land-court-process-would-be-a-slap-in-the-face-for-community/">constrain</a> landholders’ rights to object to proposed mines, and reducing the scope and legitimacy of environmental and social impact <a href="http://www.smh.com.au/business/mining-and-resources/coal-miners-win-from-relaxed-environmental-conditions-20160121-gmbhsq.html">assessments</a>. </p>
<p>Meanwhile, those who challenge the growth of Australia’s coal industry - including environmentalists, Indigenous rights activists, progressive philanthropists and lawyers - are labelled “<a href="http://www.afr.com/news/politics/greenies-using-reef-to-kill-coal-industry-greg-hunt-says-20150527-ghajao">irresponsible</a>” and <a href="http://www.couriermail.com.au/news/queensland/ecoactivists-hold-up-34-billion-worth-of-queensland-projects/news-story/44195381295203d8c14ba7f8edbb3216">economic saboteurs</a>. </p>
<p><a href="http://www.theaustralian.com.au/news/nation/foreign-funding-for-adani-lawsuits/news-story/d7179b0bbdfa5967d7ffd292c75b3f6e">Recent news</a> that environmental groups have received funding from donors in the United States are being used to <a href="https://www.theguardian.com/environment/2016/oct/24/australian-environment-group-wikileaks-democrat-email-release-responds-attacks">misrepresent opposition</a> to Australia’s coal industry as driven by foreign interests. </p>
<p>Yet what the array of environmental and Indigenous legal cases against Adani powerfully demonstrate is the tireless commitment of (often volunteer) local, regional, and in some cases national, organisations and groups, as well as public interest lawyers, seeking to engage in democratic legal processes to shore up sound decision making, as well as the future for the <a href="http://www.edonsw.org.au/mackay_conservation_group_v_commonwealth_of_australia_and_adani_mining">regions</a> in which many of these activists live. </p>
<p>In response, Prime Minister Malcolm Turnbull has indicated he may <a href="http://www.theaustralian.com.au/business/mining-energy/malcolm-turnbull-to-revisit-laws-to-stymie-environmental-activists/news-story/c8e6c308a6c712e12ad4a43570c1fab8">revisit</a> laws to prevent environmental groups taking projects like the Carmichael mine to court, harking back to <a href="https://theconversation.com/brandis-changes-to-environmental-laws-will-defang-the-watchdogs-46267">a debate started by Attorney-General George Brandis</a> last year. </p>
<h2>The Indigenous rights agenda</h2>
<p>In the case of the Wangan and Jagalingou Traditional Owners council, this campaigning occurs despite severe disadvantages (as documented during a recent visit by the <a href="http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=20689&LangID=E">UN Special Rapporteur</a>), including severe pressure from mining companies. </p>
<p>It is also curious to note that amid the flurry of recent <a href="http://www.theaustralian.com.au/business/mining-energy/foreignfunded-anticoal-activists-risk-driving-india-away/news-story/832acdae706c0f042c03158c18dde7ac">media coverage</a> of anti-coal activism, Indigenous opposition to the Carmichael mine has been largely whited out of the story, except where traditional owners are insulted as simply bit players under the influence of the environmental movement. </p>
<p>This is despite the sustained opposition to the mine from the Wangan and Jagalingou Traditional Owners’, who have <a href="http://wanganjagalingou.com.au/no/">said no to Adani three times</a>. By ignoring them, government and media fail to acknowledge the Indigenous rights-based challenge to the Carmichael mine, and the campaign which could unravel the thin veneer of <a href="http://www.abc.net.au/worldtoday/content/2015/s4205110.htm">native title</a> on which the state relies to sanction the project.</p>
<p>By <a href="http://wanganjagalingou.com.au/wp-content/uploads/2015/10/Submission-to-the-Special-Rapporteur-on-Indigenous-Peoples-by-the-Wangan-and-Jagalingou-People-2-Oct-2015.pdf">saying no to Adani</a>, Wangan and Jagalingou council are <a href="http://wanganjagalingou.com.au/wp-content/uploads/2015/10/Submission-to-the-Special-Rapporteur-on-Indigenous-Peoples-by-the-Wangan-and-Jagalingou-People-2-Oct-2015.pdf">leaders</a> in the global climate change and human rights movement. They are at the forefront in carving out a path that challenges Australia to meet its international responsibilities.</p>
<p>It remains to be seen whether Australia has the vision and courage to commit to a human rights agenda in grappling with the challenges of climate change and energy transition. <a href="http://wanganjagalingou.com.au/canavan-doing-foreign-miner-adanis-bidding">Respecting Traditional Owners’</a> right to say “no deal” to Adani would be a great start.</p><img src="https://counter.theconversation.com/content/66994/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Kristen Lyons is a member of the Australian Greens and policy think tanks the Oakland Institute and the Ngara Institute. </span></em></p>Can Australia achieve fair and open decision-making and a just and sustainable energy transition when big coal players are involved?Kristen Lyons, Associate Professor Environment and Development Sociology, The University of QueenslandLicensed as Creative Commons – attribution, no derivatives.