Category: Indigenous (Aboriginal and Torres Strait Islander) / Coal / Mining Industry / Courts and Trials
Further legal action planned against Adani's $22-billion Carmichael coal mine
Wednesday, 7 Dec 2016 13:39:34 | Kathy McLeish
Traditional owner Adrian Burragubba with lawyer Colin Hardie outside the Federal Court in Brisbane. (ABC News: Kathy McLeish)
Traditional owners are set to launch further legal action against Adani's Carmichael coal mine slated for central Queensland.
The Wangan and Jagalingou people claimed the $22 billion project impinges on their native title rights, and would extinguish their interests over 28 square kilometres of land if it goes ahead.
Spokesman Adrian Burragubba said the group was running four separate legal challenges to the project, and vowed to continue fighting.
"We will continue to pursue all legal avenues, Australian and international, and put a stop to this disastrous project," he said.
"Our rights are not protected, and we will test the limits of the law in this country if need be, including all the way to the High Court."
The latest legal action relates to an application for a judicial review of the Queensland Government's decision to issue the project a mining lease before other proceedings were completed.
The Supreme Court dismissed the application last month, a decision the group will appeal in the Queensland Court of Appeal.
It has until late December to file its case.
The lawyer for the Wangan and Jagalingou people, Colin Hardie, claimed Sate Resources Minister Anthony Lynham reneged on a previous agreement with his clients, denying them natural justice.
"The Queensland Government had decided previously not to proceed with the mining lease until the other court actions had been concluded," he said.
"The Minister reversed that decision without consulting our clients and considering in our submission, what would be the impact on their native title rights."
The Wangan and Jagalingou people have three other legal challenges under way.
They include an objection to the registration of an Indigenous Land Use Agreement (ILUA) for the project, and a judicial review of a National Native Title Tribunal decision relating to the granting of mining leases for the project against traditional owners' wishes.
Mr Burragubba said they had sought an urgent meeting with the chairman of the Adani Group, Gautam Adani, during his recent visit to Australia, but they received no response.
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