Antinuclear

Australian and International Hurdles to Adani Coal Mine Expansion

Final chapter in Adani loan deal, Saturday Paper, Karen Middleton , 24 June 17 “……..While the Queensland government has promised a royalties concession if the development goes ahead, it has also decided not to process the NAIF loan if approved – something that may require federal legislation to circumvent.

And for the Carmichael mine to proceed, the company must have concluded an Indigenous land use agreement, or ILUA, with the area’s native title holders.

Last week, the federal government and Labor combined to pass legislation to reverse a Federal Court ruling that all members of a registered native title claimant group in any relevant area were required to sign an ILUA for it to have force.

The move affected agreements well beyond the Adani ILUA and was welcomed by some Indigenous groups and opposed by others.

That followed Prime Minister Malcolm Turnbull’s promise to Adani owner Gautam Adani during a meeting in India earlier this year that he would fix the native title problems that were preventing the development from proceeding,

But the Wangan and Jagalingou traditional owners are challenging the ILUA on three other grounds. The court hearing has been set down for next year.

OPPONENTS OF THE MINE ARE GEARING UP TO ARGUE THAT SUCH GLOBAL BAD PUBLICITY SHOULD BE GROUNDS FOR REFUSAL.

Originally, Adani had said it expected to achieve financial close on its Carmichael project by December this year. But recently that date was revised to March – the same month the court is due to hear the ILUA challenge.

What is not clear is whether there is a NAIF deadline by which an applicant must prove it has fulfilled all requirements, or whether an application can remain live for as long as that takes……

In the latest public criticism of the whole proposal, an international group of high-profile conservationists wrote to Malcolm Turnbull late this week urging the government not to proceed.

The Ocean Elders, which include ocean explorer Jean-Michel Cousteau, marine biologist Dr Sylvia Earle, businessman Richard Branson and Jordan’s Queen Noor, wrote that the mine would worsen damage to the Great Barrier Reef that Australia, as its custodian, had a global obligation to protect.

The group’s spokeswoman, marine biologist Earle, told ABC Radio that Australia should reject fossil fuels and hence the Carmichael mine, despite its advanced state of official approval.

“It’s never too late as long as the people and as long as rational individuals with power can change course, now that we know what we know,” Earle said.

A prime ministerial spokesman declined to comment on the letter.

One of the conditions of the NAIF approving a loan is that it must not be likely to “cause damage to the Commonwealth Government’s reputation or that of a relevant State or Territory government”.

Opponents of the mine are gearing up to argue that such global bad publicity should be grounds for refusal.

In her speech to the Cairns conference, Sharon Warburton said the NAIF must both reflect government policy and be independent of it.

“First NAIF must align with Commonwealth policy, and that is a whole-of-government position, remembering it is taxpayer funds we are deploying,” Warburton said. “Secondly – importantly – we cannot lend funds if all regulation at both a Commonwealth and state level are not in place.

“The other tremendously important parameter under which we operate is that it was set up to be an independent body making decisions independently of all outside influence.”

Given the attempts at influence being made on all sides of the argument, that may prove to be a challenge. https://www.thesaturdaypaper.com.au/news/economy/2017/06/24/final-chapter-adani-loan-deal/14982264004830

June 28, 2017 - Posted by Christina Macpherson | aboriginal issues, AUSTRALIA - NATIONAL, climate change - global warming, legal