Leigh Creek underground coal gasification project full steam ahead following Aboriginal group’s failed injunction bid
AN Aboriginal association has lost its Supreme Court bid to stop a controversial gas mining trial at Leigh Creek.
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AN Aboriginal association has lost its Supreme Court bid to stop a controversial gas mining trial at Leigh Creek.
Justice Sam Doyle on Tuesday dismissed the Adnyamathanha Traditional Lands Association’s application for an injunction to prevent Leigh Creek Energy’s underground coal gasification project from starting this week.
The project, at the Leigh Creek coal mine, had been criticised amid concerns about environmental impacts and claims of flawed consultation.
Underground coal gasification involves igniting coal reserves, which produces synthetic gas that travels to the surface via wells.
The practice has been banned in Queensland, but the Department for Energy and Mining’s Energy Resources Division has deemed the geology at Leigh Creek suitable for the process.
Outside court, Leigh Creek Energy executive chairman Justyn Peters said stalling the project could have risked jobs.
“We’re naturally disappointed it got to the stage we were in court today, but we’re really happy with the outcome of today’s proceedings,” Mr Peters said.
“It confirms that the SA government went through the proper licencing process.
“My major concern was that every day we delay, it’s going to cost us money and that was going to cost us jobs.”
Leigh Creek Energy’s legal team said the company stood to lose about $50,000 for every day the project was delayed from this week.
Mr Peters said his company hoped to continue working closely with the Adnyamathanha Traditional Lands Association, which was “pivotal in supporting the resurrection of the dying Leigh Creek and Copley towns through (the) long-term sustainable industry we want to provide.”
Adnyamathanha Traditional Lands Association member Dwayne Coulthard labelled the court’s decision “a kick in the guts” for the Adnyamathanha nation.
“We’re so connected with our country that this isn’t the end for us,” Mr Coulthard said.
“We’ll always stick up for what’s right and what’s right is protecting the cultural significance of that place. Today’s decision means that all Australians will lose.”
Mr Coulthard said the land’s traditional owners were not properly consulted about the project and would continue their fight to protect the land.
About 25 people rallied outside court before the hearing.
Conservation Council SA chief executive Craig Wilkins said although Leigh Creek Energy had been given approval for the works, “we’re here today to give a very clear message that this proposal does not have social licence”.
“There’s a great deal of concern around the risk to the environment, groundwater and people’s health,” Mr Wilkins said.
In court, Tony McAvoy SC, for the Adnyamathanha Traditional Lands Association, argued the area’s cultural significance was not adequately taken into account.
The group had previously argued it needed to protect Yurlu, which Mr McAvoy labelled “the most significant spiritual entity” in the area.
Yurlu, the kingfisher man, is said to have created coal through fire on his journey to Wilpena Pound.
Brendon Roberts SC, for Leigh Creek Energy, said documents relating to the project’s approval contained “extensive material in relation to Aboriginal cultural issues”.
He said the association was kept well informed of the project plans but failed to act until work was due to begin.