Indigenous challenge to Adani’s Carmichael coal mine dismissed

From Natasha Chaku Melbourne, Aug 19 (PTI) In a relief to India’s energymajor Adani, an Australian court today dismissed a QueenslandIndigenous group’s application challenging the mining leasesgranted to its controversial 21 billion dollar Carmichael coalmine project, one of the world’s largest. The application was filed by the Members of Wangan andJagalingou (W&J) community who argued that a determinationmade in April 2015 by National Native Title Tribunal, relatingto the proposal of granting of two mining leases, was notcorrect. Queensland Federal Court dismissed the challenge. Senior traditional owner for W&J Adrian Burragubba hadsaid that Adani misled the tribunal about the economicbenefits the mine would create and as a consequence thetribunal made the wrong decision. He had filed the application for judicial review againstQueensland Government, Adani and National Native TitleTribunal. Announcing the judgement, Justice John Reeves concludedthat none of Burragubba’s grounds of review had merit. Reeves said the tribunal did not fail to observe the rulesof natural justice or constructively fail to exercise itsjurisdiction. Burragubba said he would continue to fight the mine. "While I respect the judgement of Justice Reeves, we willseek advice from our legal team on an appeal," Burragubbasaid. "It is clear, however, that my submissions to the courtand our concern to protect our life, culture and traditionsand the social, cultural and economic structures of our groupwere dismissed and overridden. "We continue to be restricted in the full expression ofour laws and customs, in service to the machinery of miningdevelopment and the destruction of our country and culture." Welcoming the decision, Adani said it would continue towork with the Wangan and Jagalingou traditional owners to helpensure the benefits of the mine, rail and port project wererealised. The Company statement said, "Over five years, Adani hasworked closely with traditional owners spanning its mine, railand port projects in Queensland. "Over that time, Burragubba has continuously objected toany and every process relating to the mine at Carmichael, evenin the face of the majority of his traditional owner groupsupporting the project," it said. "Pending the resolution of outstanding legal challenges toactivist-led state and federal approvals, Adani stands readyto deliver on its plans to build a long term future withQueensland, while delivering the jobs, training and economicbenefits both to regional Queensland and traditional ownercommunities" the statement said. Adani’s project has been hampered time and again since itslaunch six years ago. A federal court in August last year had revoked theoriginal approval due to environmental concerns. In Octoberlast year, the project got a new lease of life after theAustralian government gave its re-approval. PTI NCNSA