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Greg Hunt failed to check record of company behind $16.5bn coalmine, says writ

A legal challenge to the huge $16.5bn coalmine at Carmichael in Queensland will allege that federal environment minister Greg Hunt failed to properly consider the operator’s international environmental record.

Hunt approved the application by Indian-owned company Adani to build a greenfield coalmine – the biggest in Australia – in the Galilee Basin in July.

In January, the New South Wales Environmental Defenders’ Office lodged a test case on behalf of Mackay Conservation Group on the grounds that an environmental assessment of the mine should have considered the impact greenhouse gases generated by the burning of mined coal would have on the nearby Great Barrier Reef, as well as the impact of greenhouse gasses created by the mine itself.
Federal court asked to overturn Adani mine approval due to impact on Great Barrier Reef
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This week the EDO amended the claim to the federal court to include allegations Hunt failed to consider Adani’s environmental record in India.

Greenpeace raised Adani’s international record in a 2013 submission to the federal government opposing the mining application.

It said Adani has been subject to numerous court cases and two reviews by the Indian government over its operation of a power plant in Gujarat, including a 2012 decision by the Gujarat high court that found construction had occurred in an area that did not have environmental approval.

In his statement of reasons for approving the application, provided to Guardian Australia by Mackay Conservation Group, Hunt said he “noted that a number of public comments were made in relation to the environmental record of the Adani Group overseas,” but that he was satisfied by the company’s own account of its environmental record.
“The proponents referral states that the Adani Group has a history of responsible environmental and community management applied to similar projects in other countries,” Hunt said.

“The department’s compliance database shows that there is no adverse environmental history for Adani Mining Pty Ltd in Australia.

“I found no reason why the proponent would be unwilling or unable to undertake this proposed action in accordance with the conditions of approval.”

The Carmichael coalmine and associated Galilee Basin rail and Abbot Point port expansion are Adani’s only projects in Australia.

Ellen Roberts, coordinator of the Mackay Conservation Group, said Hunt could not have granted the approval if he had properly considered Adani’s environmental track record in India.

“Adani has an appalling environmental track-record in India,” Roberts said. “The only way Greg Hunt could issue an approval was to try to brush it under the carpet.”

Roberts said she considered Adani’s track record to constitute “major breaches of environmental law”.

“It’s not a small thing to approve a project of this size,” she said. “And when you have evidence of violations of environmental regulations we are saying that’s something that he should have had proper consideration for, and he clearly didn’t.”

The coalmine would be the biggest in Australia, producing 60 million tonnes of coal a year. It was backed by the Newman government, which said it would create 10,000 jobs and contribute $22m in royalties to the state’s annual revenue.

According to the Adani’s own environmental impact statement it would also release more than 200m tonnes of carbon dioxide over the 60-year life of the mine. The 60m tonnes of coal it produced each year would create 130m tonnes of carbon dioxide each year, equivalent to a quarter of Australia’s total emissions.

Construction was slated to begin in 2015 but has been delayed by another legal challenge from the Queensland Environmental Defender’s Office, acting on behalf of the Land Services of Coast and Country. The five-week hearing is due to begin in the Queensland Land Court on 30 March.

The federal court challenge will be heard in Sydney on 10-11 August 2015.

source:http://www.theguardian.com