Unprecedented Aboriginal stand to stop $16bn Carmichael coalmine, Australia’s largest
Queensland lawyer Stephen Keim, who is not acting in the case, said the complete rejection of the mine was the first of its kind and sets up a “significant event in the history of native title”.
“This is the first case with such a strong impasse, where the native title party has said ‘well we don’t want to negotiate compensation, we don’t want the action to go ahead,’” he said. “The native title act doesn’t give the right of veto, you’ve just got to keep working until you get an agreement.
“This situation does allow the arbitration process to say no, so perhaps for the first time we’ll see that happen. The impression has been that the arbiter has always seen mining as very important, but maybe this is the one.
Representatives for the Wangan and Jagalingou people have formally rejected an Indigenous land use agreement that would see Indian mining firm Adani develop its huge $16bn Carmichael mine in the coal-rich Galilee basin region.
However, Adani has turned to the national native title tribunal to override this objection, which would allow the state government to issue a lease for the mine.
Wangan and Jagalingou elder Adrian Burragubba has written to the Queensland premier, Annastacia Palaszczuk, to uphold what he sees as the clan’s native title rights, warning that the mine would “tear the heart out of our country”.
Burragubba told Guardian Australia that a deal to consent to the mine was rejected at a Wangan and Jagalingou meeting in October, prompting Adani to turn to the tribunal.
“We don’t consent to this large coalmine on our homelands, we have made it very clear to Adani that no means no,” he said. “The mine will destroy the natural environment, it will damage our laws and customs beyond repair and further dispossess our people.
“If the Queensland government succumbs to pressure from companies like Adani, there’s no hope for Aboriginal people. All our rights will be overridden.”
The Carmichael mine will be one of the largest in the world, covering more than 200 sq km and extracting 297 billion litres of water from local aquifers.
Burragubba said the proposed area for the mine includes the habitats of animals such as emus and echidnas as well as certain trees, all of which are considered totemic beings by the Wangan and Jagalingou people. The associated damming of the Belyando river is also of huge concern, he said.
“If we lose that connection to land, there will be nothing left. We will be annihilated. We exist as people from that land. That’s all we are, we can only identify from what is there.”
The Wangan and Jagalingou people lodged an application for native title recognition in July 2004, for an area covering around 30,000 sq km of central Queensland. While the application is still under review, mining companies are still required to negotiate with the group to agree on land use. A decision from the native title tribunal is expected soon.
Queensland lawyer Stephen Keim, who is not acting in the case, said the complete rejection of the mine was the first of its kind and sets up a “significant event in the history of native title”.
“This is the first case with such a strong impasse, where the native title party has said ‘well we don’t want to negotiate compensation, we don’t want the action to go ahead,’” he said. “The native title act doesn’t give the right of veto, you’ve just got to keep working until you get an agreement.
“This situation does allow the arbitration process to say no, so perhaps for the first time we’ll see that happen. The impression has been that the arbiter has always seen mining as very important, but maybe this is the one.
“The native title act was a great compromise, it gave a lot to both sides. This case raises the issue of whether not giving Indigenous parties the right of veto was the correct compromise. Australia as a whole has to make its mind up on that………http://www.theguardian.com/australia-news/2015/mar/26/aboriginal-group-fights-to-stop-16bn-carmichael-coalmine
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