Bravus challenges state government requirements for Carmichael mine

A mining giant is demanding the state government pay its legal bills after successfully getting a provision which forced them to hire locally removed, while it faces scrutiny for delays on a crucial road upgrade it promised to fund.

Green groups are slamming Bravus’s decision to challenge requirements that it must employ locals at its Carmichael mega mine as well as a prohibition on having a 100 per cent FIFO workforce at the site.

Green groups have blasted a Central Queensland mining company amid revelations it was fighting requirements to employ Bowen Basin locals at its mega mine.

Adani Mining was told it must employ residents from Clermont at its Carmichael coal mine and that it could not have a total fly-in, fly-out workforce.

However the state government has since repealed the requirement citing an “administrative error” after the mining company, now known as Bravus, filed a challenge against the Coordinator General in the supreme court seeking a judicial review against the decision.

The company had challenged the decision arguing it was as an “unnecessary overregulation”.

The push fired up environmental activists with Mackay Conservation Group’s Imogen Lindenberg calling the move “disappointing but hardly surprising to see Adani going back on its word and failing to properly support the Clermont community”.

“For Adani to take the Queensland Government to the Supreme Court over a requirement not to discriminate against employing Clermont locals, is low even for this notoriously unethical company,” Ms Lindenberg said.

Imogen Lindenberg

In a letter to Bravus on September 15, 2023 Assistant Coordinator-General Kerry Smeltzer wrote the inclusion of Clermont, which is the closest town by road, as a “nearby regional community” would ensure a direct benefit through the employment of its residents.

“Accordingly, the 100 per cent fly-in fly-out prohibition and antidiscrimination in recruitment provisions apply to the project,” Mr Smeltzer wrote.

Bravus’s own social impact assessment submitted as part of the environmental impact statement deemed drive-in drive-out on a roster basis could occur from regional communities like Clermont “once a reliable, all weather access road is available between the Gregory Developmental Rd and the project mine site”, the document states.

However, the road remains incomplete and is now the subject of a dispute between the mine operator and Isaac Regional Council, who has filed proceedings in the supreme court alleging Bravus has failed to meet agreed infrastructure obligations.

“Employing a 100 per cent FIFO workforce makes it easier for big coal companies to shirk their responsibilities to the local community, just as Adani is now fighting against a requirement for it to upgrade local roads,” Ms Lindenberg said.

Bravus Carmichael coal mine. Photo supplied: Cameron Laird

Court documents viewed by this publication stated Bravus was “aggrieved by the decision because it restricts freedom … to make decisions about who it may employ and from what locations for the operational phase of its activities and how it advertises for such positions” and argued it was an “improper exercise” of power under the legislation.

On March 14 the Coordinator General repealed the decision without conceding and accepting any grounds of the mining giants application for a judicial review – it also does not prevent the Coordinator General was reconsidering the issue.

A spokesman from the Office of the Coordinator General said the decision made in September 2023 to achieve the objective of the Strong and Sustainable Resource Communities Act 2017, “so residents living nearby the Carmichael Coal Mine benefit from the operation of the project”.

“Due to an administrative error relating to the original decision of September 2023, the Assistant Coordinator-General made a decision on March 14 to repeal the determination that Clermont was a NRC,” he said.

“The Coordinator-General will continue to work with both Bravus and Isaac Regional Council to ensure the objectives of the Strong and Sustainable Resource Communities Act 2017 are achieved for the community of Clermont.”

Bravus has discontinued the court matter and is now seeking legal costs from the state government.

Coal mining operations from Bravus (formerly known as Adani) at their Carmichael Coal Mine. A haul truck moving interburden to expose the next coal seam at the Carmichael mine. Picture: Cameron Laird

“We brought this legal action because the state’s decision to legislate that we employ Clermont locals was unnecessary overregulation as we already do so and have done so throughout construction and operation of the Carmichael mine,” a Bravus Mining and Resources spokesman said, adding that providing “employment and contracting opportunities for Clermont will remain an everyday part of our business” at the Carmichael mine.

“The next step in the legal process with the State is for the parties to agree on the amount of legal costs the state government will pay to Bravus Mining and Resources.”

Lock the Gate Alliance National Coordinator Ellen Roberts said the move from Bravus was “yet another sign this company cannot be trusted”.

“These laws are meant to support local regional communities, and Adani’s legal challenge suggests to us that it has no interest in doing this,” she said.

“Traditional owners are right now fighting Adani in court, over allegations it has potentially contaminated the sacred Doongmabulla Springs. This latest development is yet another strike against Adani locally in Central Queensland.”