Resources giant Adani faces environmental evaluation over Abbot Point
Adani is facing an environmental evaluation and is taking the Queensland government to court to try and stop it.
Indian resources giant Adani is facing a widespread environmental evaluation that takes into account “historical” events at its Abbot Point port operations, and has taken the Queensland government to court in a bid to stop it.
The latest demand by Queensland’s Department of Environmental and Heritage Protection was made last October, with the Adani-owned Abbot Point Bulkcoal Pty Ltd securing a temporary reprieve from the government-ordered evaluation in court just before Christmas.
The demand came after the company launched an appeal against a $12,000 fine for exceeding allowable discharge levels of coal-laden water from the port’s silt ponds during Cyclone Debbie last year.
Last week, it emerged that Adani had redacted the higher of two laboratory tests results over the contamination in documents submitted to the department as part of the post-cyclone investigation into its discharges.
Adani has denied any cover-up of the contamination.
As part of the evaluation ordered on October 31, the company would have to review its water management strategy and the amount of containments discharged during “high intensity rainfall events”.
It would also be required to design and put into place a new monitoring program to “monitor, identify and describe any adverse impacts to the environmental values of the Caley Valley Wetland, due to activities conducted at the premises” — taking into account “contaminants of concern through the review of historical data and relevant literature”.
Lawyers for Abbot Point Bulkcoal have told Queensland’s Planning and Environment Court that the cost of carrying out the evaluation, as demanded, could exceed $2 million.
“The October 2017 notice … includes requirements that are vague and uncertain,” Abbot Point Bulkcoal said in its notice of appeal. “(It) otherwise requires significant and expensive testing and monitoring to be carried out.”
It has also been argued that the department did not have grounds to believe the company had breached regulations.
“There are no reasonable grounds upon which the DEHP could be satisfied that Abbot Point Bulkcoal is not complying, or has not complied, with the environmental authority,” the company said in court filings.
“There are not reasonable grounds upon which the DEHP could be satisfied that, if any environmental harm is occurring in consequence of the activities, it is not lawful; a direct result of the activities being authorised by the environmental authority and temporary emissions licence; and other than trivial or negligible in nature, extent or context.”
On December 12, the court ordered the decision to issue a notice to conduct the environmental evaluation be stayed until the appeal is determined.
The legal action comes as political debate over Adani’s Carmichael coal project ramps up, with federal Resources Minister Matt Canavan accusing Labor leader Bill Shorten of using it in a bid to attract Victorian voters in the seat of Batman.
Mr Shorten on Friday signalled the federal Labor Party was considering opposing the project, and said: “Adani does not deserve a licence to operate a coal mine if they are relying on false statements and false facts.”
Senator Canavan said it was appropriate for the Queensland government to investigate claims that a contamination report was redacted, but added: “Adani deny all claims that they have falsified reports”.
“I’ve been to Abbot Point since Cyclone Debbie and had a look at what happened,” he said. “On any measure, it was remarkable that there wasn’t more issues or damage. We’re very lucky we have well-established protocols to keep assets like the Caley Valley Wetland safe when a category 5 cyclone comes through.”
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