In a victory for people power, the Federal Court found, on May 25, that the federal government had failed to apply the 鈥渨ater trigger鈥 test when assessing 鈥 and approving 鈥 Adani鈥檚 North Galilee Water Scheme (NGWS) in April 2019.
The NGWS refers to a pipeline that would a year from the Suttor River to service Adani鈥檚 Carmichael Coal Mine in central Queensland.
The 鈥渨ater trigger鈥 refers to The Environment Protection and Biodiversity Conservation Act 2013 (EPBC Act) that stipulates that coal seam gas and coal mining developments need federal assessment and approval if they are likely to have a significant impact on water resources.
The 鈥渨ater trigger鈥 is designed to subject large coal mines and coal seam gas (CSG) projects to a more rigorous assessment of their impact on surface and ground water.
Relying on the spurious argument that the 鈥渨ater trigger鈥 only applies to the physical extraction of coal, and not to pipelines that supply water for coal mines, the federal government decided, in December 2019, not to include the 鈥渨ater trigger鈥 in its assessment of Adani鈥檚 proposed pipeline.
This decision was challenged by the (ACF). It lodged the claim against Adani in the Federal Court in March last year, claiming the government did not properly assess the mining giant鈥檚 plans.
ACF argued that the government鈥檚 one-sided reading of the 鈥渨ater trigger鈥 allowed mining companies to avoid rigorous assessment by obscuring the way in which water is used in CSG and coal-mining projects.
Environmental Defenders Office (EDO) Managing Lawyer Sean Ryan, who represented the ACF, said the 鈥渄ecision confirms that coal mining developments cannot avoid facing [the] water trigger assessment even if their critical water infrastructure is a separate project鈥.
He added that this was also a win for the community which raised concerns about then federal environment minister Melissa Price鈥檚 decision to not apply the water trigger.
ACF spokesperson Kelly O鈥橲hanassy described the win as important given the continent鈥檚 relative scarcity of water and the huge amounts used by coal and CSG mining corporations.
It also sets an important precedent, O鈥橲hanassy said, because 鈥渆ssential infrastructure for coal seam gas and large coal mining projects must [now] be assessed under our national environment law鈥. Mining companies like Adani 鈥渃annot be trusted to put our environment ahead of their profits鈥.
O鈥橲hanassy stressed the win was a victory for workers and farmers in regional Queensland, who depend on a reliable flow of water in the Suttor River for their livelihood. It was also a win 鈥渇or people power鈥, O鈥橲hanassy said, as 鈥渢housands of people across Australia鈥 had helped to fund the case.
Although Adani the ruling will not affect the construction and operation of the Carmichael mine, O鈥橲hanassy disagrees. 鈥淲ithout the North Galilee Water Scheme, it鈥檚 hard to see how Adani has enough water to operate its mine鈥, she commented, especially as 鈥渢he decision also applies to other possible water sources for the mine鈥.
Other controversies over Adani鈥檚 coal mine continue. The Australian Electoral Commission鈥檚 2018鈥19 donations return shows to the Liberal and National Parties, as well as $12,000 in the week prior to the minister鈥檚 decision and $200,000 in the month following the May 18, 2019 Queensland election.
For more than 10 years, Traditional Owners, farmers and environment activists around the country have mounted a mass campaign to .
The campaign 鈥 including mass rallies, film screenings, public meetings and non-violent direct action has kept the pressure up on Adani contractors, shareholders, politicians and port and rail link construction agencies.
The campaign has also been intensified with Traditional owners establishing a permanent base on site.
麻豆传媒 has always supported the campaign to stop Adani, including giving voice to the activists and analysing the destructive effects of coal on First Nations communities鈥 culture, the environment, water resources and climate change.
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