Australian court dismisses challenge to Adani's Carmichael mine

Ruling, says Adani Group, reinforces stringency of federal environmental approval

Clearing another legal hurdle, Adani Group on Monday welcomed the Australian Federal Court’s dismissal of an environmental group’s plea against its planned mine at Carmichael in Queensland’s Galilee Basin.

The top court dismissed Australian Conservation Foundation’s (ACF) legal challenge that sought overturning of the government’s approval for the $21.7 billion planned mine at Carmichael by Adani Group. In its legal challenge, ACF had argued that the former environment minister had failed to consider the impact whether burning coal and climate pollution were in line with global implications to protect the Great Barrier Reef.

Welcoming the dismissal, Adani Group stated that the ruling reinforced the stringency of the strict, science and evidence-based federal environmental approval process governing the company’s planned mine at Carmichael. 

“The decision closely follows the Federal Court’s dismissal on August 19 of another activist-driven legal challenge designed to delay the project. Consistent with earlier decisions of Queensland’s Land Court and the Federal Court affirming the company’s approvals, the Federal Court has determined that due process has been followed,” Adani Group said in an official communiqué. 

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Citing a recent PwC report, the group said that legal challenges have been costing around $3 billion to the economy by stopping investments and impacting over 1,600 jobs annually over the first 10 years of the intended projects. 

“As has been consistently pointed out, these projects will supply better quality coal for increased thermal coal demand, in conjunction with significantly increased solar demand, in a growing Indian economy that will lift hundreds of millions of people out of energy poverty. If the better quality, better regulated coal from Australia is not sourced in Queensland, it will simply mean lower quality, higher-emitting coal from elsewhere in the world will be used. So, the activists will not only harm local jobs, but if they get their way would ensure higher emissions as well,” Adani Group stated.

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Relating the ‘activist-driven challenges’ to a “known minority campaign”, the group stated that despite being loud, the same “fly in the face of the strong support the company’s projects have from local communities in North and Central Queensland.”

“Over six years, there have been multiple approval processes, some two years of cumulative community consultation and submissions as part of those processes, and over 10 appeals and judicial processes brought on by activists. There can be no question that there has been more than ample opportunity for consultation, input and appeal and for activists to have their say. Clearly, the time has come for the will of communities who are crying out for these projects to proceed to have their voices heard - not just those of activists from out of town,” the group stated.

Adani maintained its stand to “deliver on its long-term future with Queensland”, amidst pending resolution of outstanding legal challenges.  If resolved, the company stated that construction of the mine could commence in 2017.