The Numbers Don’t Stack Up: W&J’s Rights on the Chopping Block for Adani’s ‘Non Viable’ Project, New Matilda By John Quigginon In the fourth in a five part series on the proposed Adani Carmichael coal mine, John Quiggin looks at the numbers for the project, and like virtually all other parts of the planned project, they don’t survive closer examination. John Quiggin explains.
In what was lauded as a landmark moment for the Adani Group, in June 2017, its chairman Gautam Adani announced his board had given final investment approval for the $5.3 billion first stage of its Carmichael mine project in the Galilee Basin, as well as approval for the associated rail line project, to be constructed from the Basin to the Abbot Point coal terminal.
At the same time, however, Adani asserted its project’s future would remain contingent on finance. Given the projects’ outstanding financial issues, exposed in detail here, alongside Adani’s sustained failure to reach agreement with Traditional Owners, which undercuts the legal basis and legitimacy for this mine to proceed on W&J Country, its future remains uncertain.
Seven years since Adani Mining Pty Ltd. – Adani’s Australian arm – moved into Australia when it secured coal tenements, it has neither financial nor legal close for its proposed Carmichael mine.
These are the shaky grounds on which W&J are expected to forego their rights, assume the destruction of their country, and be grateful for a tiny sliver of the pie.
Yet the rhetoric of 10,000 jobs and great social advancement that would flow from the supposed benefits of the project to Traditional Owners along its corridor, and especially the W&J on whose country the mega mine will operate, is a far cry from that which Adani has actually put on the table.
A preliminary analysis commissioned by the W&J Traditional Owners and presented to the claim group meeting on 2 December shows what a miserable proposition Adani’s proposed deal is for Traditional Owners.
Adani is offering Traditional Owners just 0.2 percent of its total revenue; far below industry benchmarks that indigenous groups should get 0.35 – 0.75 percent.
To put this in perspective, even if Adani doubled what was on offer, it would still only be equivalent to some of the lowest Indigenous Land Use Agreement (ILUA) deals in Australia.
The deal on offer is also out of balance in terms of the kinds of economic opportunities it will afford Indigenous communities; with primary focus on highly speculative job opportunities. Seventy-five per cent of Adani’s benefits package is wrapped up in jobs; and yet if the jobs don’t come, the purported benefits will simply not be realised.
While the economics of the mine represent a very poor deal for Traditional Owners, they are at the same time expected to cop the brunt of the costs – including destruction of country – for the mines go ahead………
Even with financial breaks from government, the evidence – drawing from the Institute for Energy Economics and Financial Analysis (IEEFA) and other recent figures – demonstrates the Adani mine-rail project is highly unlikely to be economically viable. On this basis, any public money lent to the project, whether through the NAIF, or through a deferral of royalties, is unlikely to be recovered……
Adani has proposed a package to support Traditional Owners – a kind of quasi compensation for destruction of Country – including a $250 million Indigenous Participation Plan for the Traditional Owner groups along it’s project corridor, and the wider Aboriginal community of Central Queensland.
The details of this, however, have been described by W&J as a parlous deal. Demonstrating this, W&J draw attention to the very limited job creation. And on the basis of figures provided by Adani, Traditional Owners employed by the mine would be paid just $35,000.00 per year, a figure that barely meets Australia’s minimum wage.
This plan on offer is no exchange for the losses of land and waters, cultural and self-determination that W&J would incur; which is why they remain resolute in their opposition to the proposed mine. They alone are expected to give up their ancient legacy and birth rights so that others can benefit.
W&J has every right to object to the mine and refuse consent………..
By Tammy Solonec, Amnesty International Australia’s Indigenous Rights Manager, 21 December 2017www..amnesty.org.au
‘Over the past couple of years, Amnesty has supported #ChangetheDate by giving people a platform
to speak on why they choose not to celebrate on 26 January.
‘Now we are taking a step further, and asking you stand with us in solidarity with Aboriginal and Torres Strait Islander peoples across this country.’
‘Australia Day should be for all Australians, but for Aboriginal and Torres Strait Islander people
who mark the day as one of invasion, survival and mourning, 26 January is not a day for celebrations. ‘We need to move to a date that is inclusive of all Australians.
‘Although Australia Day has only been officially nationally celebrated since 1984,
protesting on 26 January is not new for Aboriginal people.
‘Protests about the celebration of Australia Day on 26 January date all the way back to the 1800s.
‘In 2018, Amnesty will be calling on our leaders to acknowledge this plight
and start a consultation process to change the date of Australia Day
so it can be celebrated by all Australians.
‘Over recent years, momentum to change the date has grown.
‘Some local councils in Western Australia, Tasmania and Victoria have amended their celebrations,
and there has been extensive debate in the media..
Will January 26th 2018 be the last Australia Day ever? http://www.welcometocountry.org/will-2018-be-the-last-australia-day-ever/ September 13, 2017 There are now almost 20 different councils across 7 different states and territories who are considering or have already made arrangements to move Australia Day to a more respectable date.
Many of the councils that have already made changes to January 26th have done so out of pressure and advice from their local Indigenous communities. Now that we sense our voices are finally being heard; 2018 is shaping up to be the year that we deliver the knockout blow to Australia Day. You can be certain that come January 26th next year, you will see the largest nation wide Invasion day protests.
Welcome to Country is an independent Indigenous news/media website. If you would like to have your voice heard with your very own published article, contact us via our Facebook page or Contact page.
‘The WandJ Traditional Owner’s Council is one of the final barriers to one of the world’s largest coal mines. And it is now scared its native title will be extinguished before its day in court.’
‘W&J spokesperson Murrawah Johnson told BuzzFeed News that there are concerns the Queensland government could move “at any time” to extinguish native title over the site, before a Federal Court hearing in March that will challenge the validity of the ILUA. That’s the reason W&J are seeking an injunction.
‘”We have a court case, challenging the legitimacy of this agreement, and they seem to be willing to go and extinguish our native title in the face of all of that, despite the agreement being illegitimate,” Johnson told BuzzFeed News. … ‘
‘With the announcement of a new majority Qld Labor government, and
with the National Native Title Tribunal set to decide today whether to register Adani’s sham Indigenous Land Use Agreement,
the Wangan and Jagalingou Traditional Owners Council have presented a clear set of demands.
‘Wangan and Jagalingou (W&J) Traditional Owners Council Spokesperson Adrian Burragubba said,
‘“Our fight to protect our country and heritage will continue until Premier Annastacia Palaszczuk acknowledges
that we are the people from that land, and Adani does not have the consent it requires from us for this destructive mine.
‘“We call on the Palaszczuk Government to stand up for our rights and not the interests of Adani.
We have written to our more than 100,000 supporters in the wider community this morning,
asking them to press the Premier and Deputy Premier to demand that the returned Palaszczuk Government –
‘acknowledge that Adani and the Queensland Government do not have the consent of W&J Traditional Owners for the Carmichael mine
remove Queensland’s ‘signature’ from Adani’s contested Indigenous Land Use Agreement
rule out extinguishing Native Title to allow Adani to proceed, even if the ILUA is registered by the NNTT
stop opposing the rightful W&J Traditional Owners in court and wait for all our cases to be heard, and
end Adani’s special treatment – which will enable the destruction of W&J country and heritage – including keeping the Premier’s election promise to veto Adani’s $1BN taxpayer-funded loan”’
‘“This follows an an authorisation meeting of our Claim Group on 2 December at which,
for the fourth time since 2012, our people voted unanimously to reject an Indigenous Land Use Agreement (ILUA) with Adani. … ‘
‘The Universal Declaration of Human Rights empowers us all.
Human rights are relevant to all of us, every day.
Our shared humanity is rooted in these universal values.
Equality, justice and freedom prevent violence and sustain peace.
Whenever and wherever humanity’s values are abandoned, we all are at greater risk.
We need to stand up for our rights and those of others. …
‘In the coming year IRAG Alice Springs will be calling on people all around the country and overseas
to support us in our stand to have people’s human rights upheld, and
their rights under the UN Declaration on the Rights of Indigenous Peoples.
‘This will be a campaign to have the Stronger Futures laws repealed as this is destroying people and our culture.
‘We are working on strategies to call on all politicians to listen to what we are saying.
Governments need to work with us instead of treating people like children.
‘IRAG is grateful for all your support in the past
and we look forward to working with you in the future.
IRAG UPDATE
‘IRAG group is meeting regularly to plan a strong campaign for the next year.
We need more people to join us as there is much work to be done.
Please send us a message via our Facebook page if you are interested in joining us.’
Brisbane, 3 December 2017. ‘For the fourth time since 2012, W&J Traditional Owners have voted unanimously at an authorisation meeting to reject an Indigenous Land Use Agreement (ILUA) with Adani, underlining their sustained opposition to the mine.
It was in the 1950s when the British began testing nuclear weapons at Maralinga in the South Australian outback.
The legacy of the bombs dropped continues to haunt the 67-year-old Aboriginal grandmother. “We weren’t on ground zero at Maralinga, otherwise we would all be dead,” she told AAP. “I was born and grew up on a mission at Koonibba, but the winds came to us.”
Ceduna, the main township before the Nullarbor, is the cancer capital of Australia, Ms Coleman-Haseldine says. She’s had her thyroid removed and will be on medication for the rest of her life.
Her 15-year-old granddaughter is also battling thyroid cancer..
There are birth defects and cancers right across the community. “It’s changed our genes,” she said.”These diseases weren’t around before the bombs.”
On December 10, Ms Coleman-Haseldine will be in Oslo for the Noble Peace Prize award ceremony.
The International Campaign to Abolish Nuclear Weapons (ICAN) is being recognised for its work to achieve a treaty-based ban on nuclear weapons.
So far 122 countries have adopted the treaty, excluding Australia and countries with nuclear weapons – the US, UK, Russia, China, France, India, Pakistan, North Korea and Israel.
Only three countries have ratified the treaty and 50 are needed for it to become international law.
ICAN is a grassroots movement that began in Carlton, Melbourne more than a decade ago.
In Norway, Ms Coleman-Haseldine will tell the story of her people and their contaminated land.”You’ve got to keep the past alive to protect the future,” she said.
Ms Coleman-Haseldine hopes Australia will reverse its opposition and sign the treaty.
The Turnbull government has ruled that out but the Labor Party will debate the issue at its national conference next year.
Adani’s compensation for traditional owners ‘well below’ industry standard, report finds, ABC News 1 Dec 17, By Josh Robertson A hotly contested deal between Adani and traditional owners of its proposed Carmichael mine site in Queensland’s Galilee Basin would deliver compensation “well below” what most big miners pay, according to a new analysis.
The Wangan and Jagalingou (W&J) people would only get 0.2 per cent of Adani’s earnings from the mine, less than half the industry average, respected mining industry outfit Economics Consulting Services has found.
Its report, obtained by the ABC, was commissioned by six W&J representatives whose looming court challenge to the deal stands as the final legal hurdle to Adani’s contentious mega-mine.
It found the W&J people would earn up to $145 million over 30 years, out of the project’s estimated $77.4 billion in gross revenue, a share which was “well below industry benchmark standards”.
The benchmarks for such deals usually ranged from 0.75 per cent to 0.35 per cent.
Only 11 per cent of the deal would come to the W&J people in cash, up to $17.4 million over 30 years, or about $2,300 a year per adult member of the clan.
Report author Murray Meaton, who was awarded an Order of Australia in 2014 for services to the mining industry, found the benefits to the W&J people would be “dramatically lower” if job promises for locals fell short as they did “in most jurisdictions and agreements”.
Traditional owners divided
To gain finance for the $21 billion project, Adani needs an Indigenous Land Use Agreement (ILUA) with the W&J people, or it must call on the Queensland Government to forcibly extinguish any native title claim over the mine site in the Galilee Basin.
After almost six years of vexed negotiations with Adani, the W&J representative group is evenly split over the deal.
The Indigenous group twice rejected Adani in 2012 and 2014 before seven of 12 W&J representatives swung their support behind the miner last year.
no amount of corporate black washing – including Indigenous participation plans that champion strong and effective relationships between Adani and W&J, alongside jobs and traineeships – can hide Adani’s direct and immediate part in walking over the rights of Traditional Owners.
Traditional Owners Expose Adani’s Relentless Pursuit of W&J Country, New Matilda By Kristen Lyonson
In the third in a five part series on the proposed Adani Carmichael coal mine, Kristen Lyons looks at a deal struck between the miners and the local traditional owners, and why it just adds to the smell that pervades the entire project.
Introduction
The Indian industrial conglomerate, Adani Enterprises – well known for environmental damage and human rights abuses at its project sites around the world, and built upon a complex business structure with tax havens in the Cayman Islands – entered Australia in 2010 with the purchase of coal tenements in the Galilee Basin, in Central Queensland.
Despite its controversial back story, some of which has only come to light since approvals were granted for its Australian project, Adani quickly rose to become a poster child for the State Government, based on promises its Carmichael mine project would deliver jobs and economic growth for regional Queensland.
Managed by its domestic arm, Adani Mining Pty Ltd, over the following years it developed a project proposal that included a coalmine, as well as rail and port infrastructure, thereby opening up the massive Galilee Basin for coal exports.
With seven years gone since acquisition of the coal tenements, and marred by substantial project downsizing, Adani is yet to start construction of its mega mine. Wangan and Jagalingou Traditional Owners Family Councils’ (W&J) defiant opposition to Adani’s proposed Carmichael mine has been central to this delay; opposition that has, in itself, exposed the dirty deeds Adani is willing to perpetrate against Traditional Owners who seek to defend their right to say no to a mine that would destroy their country.
This article exposes some of Adani’s deeds, including its nefarious actions in reaching an ‘agreement’ with Traditional Owners, Continue reading →
To Sovereign Union of First Nations and Peoples in Australia When resetting the agenda: Don’t cede your sovereignty or acquiesce, in your enthusiasm for Treaty-talks
Ghillar, Michael Anderson, ghillar29@gmail.com, Convenor of the Sovereign Union, last surviving member of the founding four of the Aboriginal Embassy and Head of State of the Euahlayi Peoples Republic provides further insight into a viable pathway going forward. 4 Nov 17
I propose a refocusing of our political agenda, after our successful and clear ending of the constitutional recognition campaign, because Sovereignty-educated grassroots First Nations people refused to accept mere symbolic inclusion in the colonial Constitution. This spelt the death knell for the bipartisan coercion to lure our Peoples into their racist colonial constitution, in order to put an end to the power of the Sovereignty Movement.
At least it is now clear that Aboriginal people have never been in the Australian Constitution and have never had citizenship, but instead are classified as ‘aliens’ by the constitution. The constitution clearly stipulates that children who are born of a foreign group who have been in hostilities with British colonisers at the time of their birth, which includes 100% of our people all over this country, are deemed to be and classified as ‘aliens’. This is confirmed by Quick and Garran’s interpretation of the constitution on the matter of aliens. This, in my view, confirms, that we, the descendents, continue to be classified as ‘aliens’ and non-citizens. This raises serious questions about the continued presence of all Aboriginal people in the Federal parliament, given they cannot produce any naturalisation nor citizenship papers. Continue reading →
‘ … The Wangan and Jagalingou people, who are also fighting a court battle to retain their right over their land, are of the view that if the Adani coal mine is built, their cultural heritage will be destroyed beyond repair.
‘“The land, the springs, the waterways, the mountain ranges, are not just physical forms for us.
They are remnants of our ancient culture.
‘If the mine is built, there will be no record of us ever having been there”,” said Adrian Burragubba, spokesperson of the Wangan and Jagalingou Traditional Owners Family Council.
‘They said that they are prepared to battle it out for as long as it takes.
‘“Every inch of that land is mine. Every blade of grass, every drop of water, each leaf on a tree, each bird, each animal, is mine. And I am going to fight for it. I want to tell Adani – I am not your slave,” an animated Burragubba said when I met him in Brisbane in late July. … ‘
‘Kabir Agarwal is an independent journalist whose writings have appeared in
The Kashmir Walla, The Times of India, Mint, Al Jazeera English and The Caravan.
He can be found on twitter @kabira_tweeting.’ thewire.in/author/kabir-agarwal
Supreme Court of Qld: Environmental Law Australia envlaw.com.au
‘This case study involves a major dispute in the Land Court of Queensland
over the Carmichael Coal Mine proposed in the Galilee Basin of central Queensland
and a subsequent judicial review challenge to the mine’s approval
in the Supreme Court of Queensland.’
‘ … Two separate disputes (also not the subject of this case study) about the mine involve native title issues
raised by the Traditional Owners of the land on which the mine was proposed,
the Wangan and Jagalingou People.
‘The first of these disputes involved hearings in the National Native Title Tribunal (NNTT) and
the Federal Court under the Native Title Act 1993 (Cth) (NTA) after the
Wangan and Jagalingou People rejected an Indigenous Land Use Agreement (ILUA) proposed by Adani
for the grant of the mining lease for the mine. …
‘The second dispute concerning native title issues involved an application by
elders of the Wangan and Jagalingou People in the Supreme Court of Queensland for judicial review
of the grant of the mining lease under the MRA based on native title grounds.
That application was also dismissed.
An appeal in the Queensland Court of Appeal was also dismissed in August 2017.
Mayor Strelow misrepresents Wanganand Jagalingou
‘Rockhampton Mayor Margaret Strelow’s
‘thanks’ to the the Wangan and Jagalingou people for ‘our support’ is disingenuous
and clearly misrepresents the position of the Traditional Owners
of the proposed Carmichael mine area.
‘We do not support a FIFO (fly in fly out) hub that allows
a mass of people who have no respect for our land to fly in
and destroy our country and culture, and fly out again.
‘The Wangan and Jagalingou Traditional Owners Council
don’t know who Mayor Strelow is talking to,
but it’s clearly not the W&J Applicant or the claim group or our families.
‘A majority of Wangan and Jagalingou families have
consistently rejected Adani’s sham ILUA for the mine.
Adani has no agreement with Traditional Owners
and an ILUA has not been registered.
The purported ILUA is subject to a Federal Court trial in March 2018.
‘Our court action in March will expose the underhanded way
in which our position on the mine is misrepresented by Adani,
and our supposed support was engineered.
‘We have provided evidence to the court of Adani’s bad faith and
we will pursue this constant misrepresentation of our people and
our position on the mine until we can demonstrate once and for all
we do not and never will support this coal mine
or any project or enterprise aligned to it. …’
‘The Wangan and Jagalingou (W&J) people are the traditional owners of the land
on which the Adani group has proposed to build its mine and they argue
that if this mine was to be built on their homelands,
it would irreversibly destroy their customs, culture and heritage. …
‘The Wangan and Jagalingou Traditional Owners Family Council
is at the forefront of the tussle with the Adani group and
have taken the matter to the federal court of Australia.
‘The matter is up for hearing in March 2018 and is being seen
as the last legal hurdle in the way of the Carmichael coal mine. … ‘
‘Note: This is the first in a three-part series
that will examine how the Adani and Carmichael coal mine has divided the Australian public
and in the process, sparked fierce debate on issues such as
coal-based energy, energy financing, jobs and the rights of indigenous people.’
Antinuclear 