(AU ABC) Australian Conservation Foundation Wins Federal Court Challenge Against Adani And Environment Minister

ABC News - Talissa Siganto

Environmental advocates have won a court challenge against Adani's proposed water use at its coal mine in central Queensland. (ABC News)

Key Points Federal Court judge Melissa Perry ruled the Department of Environment "fell into legal error" The scheme proposed building a pipeline to pump water into Adani's Carmichael coal mine Environmental advocates say the ruling is "a great win" for farmers and regional communities that depend on water

Environmental advocates have won a legal challenge against the federal government and mining giant Adani, over its proposed water use at its coal mine in central Queensland.

The Australian Conservative Foundation (ACF) took the Environment Minister to the Federal Court last year, arguing it made an "error of law" when it assessed the planned North Galilee Water Scheme in 2019.

The scheme proposed creating a water pipeline, pump station infrastructure and the expansion of an existing dam catchment, which would then pump water to Adani's Carmichael mining project.

Lawyers for ACF argued the department should have applied the "water trigger" provision, which falls under the Commonwealth environment protection legislation when assessing the planned scheme.

The trigger weighs up the impacts of coal seam gas and large coal mining developments on rivers.

'A big plumbing project'

During a hearing last October, Neil Williams SC, argued the water extraction was associated with coal mining activity, and therefore the minister should have considered all adverse impacts the action would have.

Stephen Lloyd SC, who is acting for Adani Infrastructure, said because the company was a subsidiary of Adani Mining, its actions should be treated separately.

Mr Lloyd also referred to it as a "big plumbing project", which does not seek approval to take water.

The proposed scheme would pump water to Adani's Carmichael mine in Queensland's Galilee Basin. (Twitter: Adani Australia)

"We are extracting water to be supplied to a coal miner … [mining is] not part of my client's actions," Mr Lloyd told the court. Today, a Federal Court judge ruled in favour of ACF, granting a judicial review of the minister's decision to bypass the legislation.

In her published reasons, Justice Melissa Perry said the minister's delegate erred in his construction of definitions of sections of the relevant act and therefore "fell into legal error".

"Contrary to the delegates view, an action will involve a large coal mining development for the purposes of the water trigger controlling provisions if the action is so closely associated with the mining of coal as to be integral to it," she said.

Justice Perry also ordered the defendants pay the environmental group's legal costs.

'A great win' for water protection

In a statement, the ACF Chief Executive Officer Kelly O'Shanassy said it was a "great win" for the protection of water.

"It's a win for regional communities and farmers who depend on reliable flows of river water in our drought-prone landscape," she said.

Ms O'Shanassy said the judgement would set a "new precedent".

"This decision will apply to other potential water sources for the Carmichael mine," she said.

"We expect the federal government to properly apply the law."

A spokeswoman for Bravus Mining and Resources, formerly Adani, said it would carefully consider the judgement.

"We will now consider our options on the progression of the North Galilee Water Scheme and how we would like to proceed," it said in a statement.

The statement also said, regardless of the ruling, construction of the Carmichael Coal Mine and Rail Project was "well underway".

"Importantly, the North Galilee Water Scheme project is not required for these construction activities," the statement said.

"We have also secured water for the operational phase that does not require the North Galilee Water Scheme."

In a statement, the federal government said the Department of Environment "will closely consider the decision before making any comment".

Links

• ACF wins court case on Adani’s water scheme
• Adani Mine’s Water Plans Set to Face New Scrutiny After Court Win
• Adani loses billions of litres of water in Federal Court decision
• Federal Court blow for Adani mine but it vows to keep going
• Federal court overturns water approval for Adani’s Carmichael coalmine
• Adani cleared to start Carmichael coalmine work as groundwater plans approved
• Australian ministers write to China to confirm approval of Carmichael mine
• Australia doesn't need Adani's Carmichael coalmine, Westpac chief says
• 'Irreversible consequences': Adani coalmine granted unlimited water access for 60 years
• Indigenous owners launch fresh legal challenge to Adani’s Carmichael mine
• Activists launch fresh court challenge over Carmichael coalmine
• Adani's Carmichael coalmine leases approved by Queensland