Federal Court overturns Adani’s Carmichael mine

Adani's activity in the Carmichael mine. (Photo:Supplied)

Adani’s activity in the Carmichael mine. (Photo:Supplied)

Here’s another victory for environmental defenders!

Adani’s Carmichael coal mine in central Queensland, which could have been one of the largest coal mines in the world and responsible for substantial greenhouse gas emissions, is now without legal authority to commence construction or operate. The Federal Court of Australia overturned approval of the project. Read the court order HERE.

Environmental Defenders Office (EDO) NSW, representing the Mackay Conservation Group (MCG), challenged the $16.5 billion project which the Federal Environment Minister Greg Hunt approved last year .The approval stirred unrests among local communities, indigenous people, tourism businesses, and various green and civic groups. 

Sue Higginson, principal solicitor of EDO NSW said the the decision of the court to overturn the Carmichael mine’s federal approval was based on a failure by the Minister to regard conservation advices for two Federally-listed vulnerable species, the Yakka Skink and Ornamental Snake. This kind of error in the decision making process is legally fatal to the Minister’s decision, the solicitor said.

The Minister approved the project without regard to the threats of endangered species which are found only in Queensland, the solicitor continued adding the law requires that the Minister should have considered conservation advices on the impacts of national environmental significance, such as the case of threatened species.

The  Minister also failed to consider global greenhouse emissions from the burning of the coal and Adani’s environmental history although these matters are left unresolved before the Court. Australia’s largest coal mine could be exporting up to 60 million tonnes of coal from across the Great Barrier Reef Coast every year.

Facility built at the Abbot Point Point to provide access to coal exports. (Photo:Supplied)

Facility built at the Abbot Point Point to provide access to coal exports. (Photo:Supplied)

The Australian Conservation Foundation (ACF) estimates the mine will take 297 billion litres from underground aquifers, causing a drop in water table levels on which local farmers rely. When burnt, coal from the Carmichael mine will produce 128.4 million tonnes of CO2 per year, at peak production, or four times New Zealand’s annual climate pollution.

“It will be up to the Minister now to decide whether or not to approve the mine again, taking into account the conservation advices and any other information on the impacts of the project,” Higginson said. MCG is running a campaign calling the Minister to reject the project once and for all.

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New study predicts demise of Great Barrier Reef

The Great Barrier Reef is facing serious threats from climate change, and ongoing coal projects make it even worse. The Carmichael Mine Project, located in the Galilee Basin, will go ahead despite warnings that coal transported from the mining site to the Abbot Point Port will cause irreparable damage to the Great Barrier Reef World Heritage Area.

A new scientific study says the reef could be destroyed by environmental change before the end of the century. The Commonwealth Scientific and Industrial Research Organisation  (CSIRO) and Bureau of Meteorology (MOB) forecast that Australia will be hit hard by climate change as temperatures will rise of up to 5.1C by 2090. Scientists under the Intergovernmental Panel on Climate Change  (IPCC) have agreed a limit of 2C if the earth is to avert catastrophe.

The Bureau of Meteorology forecasts rising temperature that hit Australia hard.

The Bureau of Meteorology forecasts rising temperature that hit Australia hard.

CSIRO’s principal scientist,  Kevin Hennessy, said the inland will be most affected but  one of the most dramatic  transformations are set to take place in the seas that surround Australia, which will warm between 2C to 4C  unless carbon emissions are cut.

On average, four metric tonnes of carbon dioxide are emitted to the atmosphere per person per year, representing an increase of 30% over the last 250 years. The IPCC monitors these changes.

The effect of climate change is already changing the Reef. The Department of Environmentalso confirms sea and air temperatures will continue to rise, along with sea levels, and the ocean is sure to become more acidic. These changes affect reef species and habitats, as well as ecosystem processes, and the industries and communities that depend on the Reef.

Brisbane protest against dredging in the Great Barrier Reef. Pic: Stephen Hass (Flickr CC)

Brisbane protest against dredging in the Great Barrier Reef. Pic: Stephen Hass (Flickr CC)

Tourism, commercial fishing and recreational fishing on the reef together contribute $6.9 billion to the national economy per year. Unusually warm sea temperatures have already caused serious and lasting damage to 16% of the world’s coral reefs. The Great Barrier Reef has experienced eight mass bleaching events since 1979, triggered by unusually high sea surface temperatures. The most widespread events occurred in 1998 and 2002 with more than 50% of reefs bleached. Coral bleaching is a natural process but the rate is increasing faster than ever before.

The Federal Government gave a green light to the coal project despite warnings from the United Nations that it will put the Reef at risk. Predictions also suggest that the Carmichael mine could produce an extra 130 million tonnes of greenhouse gases over the mine’s lifetime, representing a quarter of Australia’s annual emissions.  The pollution from the entire Galilee Basin, if all projects go ahead, will be more than Australia’s entire annual greenhouse gas pollution.

The GBR from space. Pic: NASA (Wikimedia Commons)

The GBR from space. Pic: NASA (Wikimedia Commons)

“That intermediate emissions scenario would have significant effects for Australia,” Hennessy said. “Coral reefs are sensitive to even small changes in ocean temperature and a 1C rise would have severe implications for the Great Barrier Reef and Ningaloo reef.

The forecast is grim for the Great Barrier Reef and if Australia cannot reduce greenhouse gas emissions the future could be very challenging, the CSIRO scientist said.

Re-blogged from: Green Journal/Asian Correspondent
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‘Big 4′ banks under pressure to rule out funding of coal projects

The Australian Conservation Foundation (ACF) has released a report calling on Australia’s “big four” banks to rule out involvement in financing controversial coal projects proposed for Queensland’s Galilee Basin near the Great Barrier Reef World Heritage area.

The report called ‘The Equator Principles and financing of coal projects in the Galilee Basin‘ names Australia’s “big four” banks   – Australia-New Zealand Banking Corp (ANZ), Commonwealth Bank of Australia (CBA), National Australia Bank (NAB), and Westpac Banking Corp – as signatories to the Equator Principles (EPs) and calls on all four to rule out any involvement in the Galilee Basin projects.

The report is a result of research undertaken by ACF energy analyst Tristan Knowles which investigates how Australian banks should deal with financing coal projects in the area. The EPs are a voluntary framework the banks have signed up to guide them in the assessment and management of environmental and social risk in the projects they consider financing.

Anti-coal activists hang a huge banner in front of Commonwealth Bank's headquarters, calling on to follow international banks: rule out finance for new coal export terminals at Abbot Point in the Great Barrier Reef World Heritage Area.  (Photo: Market Forces)

Anti-coal activists hang a banner in front of Commonwealth Bank’s headquarters, calling on to follow international banks: rule out finance for new coal export terminals at Abbot Point in the Great Barrier Reef World Heritage Area. (Photo: Market Forces)

The EPs serve as a guide to the best practices and a “gold standard” in environmental and social risk management. ACF said the EPs are relevant to proposed coal projects in the Galilee Basin because mines and infrastructure require project finance and advisory services to proceed. More notably, the project value is well over US$10 million – the current threshold for coverage by the EPs.

ACF insists that coal projects in the Galilee Basin are a litmus test for the EPs stating, “If they’re truly a gold standard for environmental and social risk management, Australian banks should rule out further financing of these projects because they will result in serious damage to the environment… We hope this report focuses the debate about Galilee Basin Coal projects back on the banks’ commitments to be environmental leaders.”

Anti-fossil fuel protesters call on Australian four major banks to divest from financing coal projects during the Divestment Day rally. (Photo: Market Forces)

Anti-fossil fuel protesters call on Australian four major banks to divest from financing coal projects during the Divestment Day rally. (Photo: Market Forces)

Several foreign banks have already backed out from financing Adani Group’s coal port expansion, including US banking giants Citigroup, Goldman Sachs, and JPMorgan Chase.

Prior to those banks’ rejection, the Deutsche Bank, Royal Bank of Scotland, HSBC and Barclays all ruled out funding the development of the Adani’s $16.5bn project

The report said the massive projects will destroy tens of thousands of hectares of land, consume huge amounts of water and potentially impact on the Great Artesian Basin, and result in significant greenhouse gas pollution.

The UN World Heritage Committee, which visited the site in 2013, also said coal projects will cause irreparable damage to the World Heritage Area and warned the Australian government to delist the site.

News blog link: The Green Journal @ Asian Correspondent

Deutsche bank rebuffs Adani’s funding request

The Deutsche Bank of Germany announced it will not lend money to the Indian mining firm Adani Group to finance the development of Abbot Point Terminal I. The decision came after an AGM held on Thrusday.

We stress that we take the future of the Great Barrier Reef very seriously. We observe that there is no consensus between UNESCO and the Australian government regarding the expansion of Abbot Point. Since our guidance requires such a consensus as a minimum, we would not consider a financing request. – Deutsche Bank Group

Deutsche Bank Group convenes AGM 2014 (Photo: Deutsche Bank Group FB)

Adani is one of the last remaining investors standing for the port terminal, along with another Indian firm, GVK Group.

Other investors have long abandoned their stakes, including mining giants Rio Tinto, BHP Billiton, Lend Lease and Anglo American. Market and financial analysts said the multi-billion dollar investment is unfeasible due to the end of the mining boom, with the downward spiraling of coal market prices worldwide. Galilee Basin in northern Queensland, where coal will be extracted,is also extremely remote and without basic infrastructure.

Tony Brown, tour operator for the Whitsundays, speaks at the bank’s AGM 2014 (Photo: Market Forces)

Australian mining goddess Gina Rinehart, herself, sold most of her coal assets in 2011. GVK bought them.

But despite Indian interests, the project has been stalled for two years. Adani is required to complete all environmental approvals and then raise AU $8 billion of additional debt and equity financing, and hence allow construction to commence on the Carmichael coal, rail and port proposal. Read the scale and magnitude of funding HERE.

There are speculations that the two companies tried to sell their equity holdings. GVK allegedly offered Coal India Ltd, but was rebuffed due to its uncommercial value. Adani is also rumoured to have approached several Chinese firms, including China Railway Corp.

Early this month, the Institute for Energy Economics and Financial Analysis (IEEFA) warned investors it is too risky to invest in the project. Local banks which were appointed to finance the project include National Australia Bank, Commonwealth Bank, and Westpac Banking Corp- on top of a few other international banks.

Tim Buckley , director of Energy Finance Studies, Australasia for the Institute for Energy Economics and Financial Analysis said that India cannot afford the price of imported coal:

India’s perilous economic and financial situation creates further uncertainty for companies relying on its ability and willingness to import coal, with its associated implications for inflation, current account deficits, economic instability and energy security’.

He also said that “imported coal would require double the current price of India’s wholesale electricity, which categorically discredits the nonsense argument that it might alleviate India’s energy poverty.” Buckley has produced detailed reports on Adani and GVK.

Whitsundays tour operator Tony Brown joins the rally in Germany (Photo: Market Forces)

Various environmental and civic groups have written the Deutsche Bank not to lend Adani.  Australian-base civic groups also linked with their European counterparts to “pressure” the bank. Some travel operators in Queensland further travelled to Germany to join the rally.

At the end of the AGM on Thrusday, the bank released the Deutsche Bank’s Environmental and Social Reputational Risk Framework (ES Framework), which stipulates the bank’s  environmental and social due diligence as an integral part of the approval process for doing business.

One of the specific guidelines recently adopted addresses activities in the close proximity to World Heritage Sites. It precludes transactions within or in close proximity to World Heritage Site unless there is a prior consensus between the relevant Government and UNESCO that such operations will not adversely affect the Outstanding Universal Value of the Site. This implies that we would not consider a request to finance an expansion unless we had the assurance of both the government and UNESCO that it would not adversely affect the Value of the Site.

Read: Deutsch Bank official stand and UNESCO’s State of Conservation

Blog Link: The Green Journal/ Asian Correspondent

Indian groups keep stake in Abbot Point, reef dumping

Indian mining groups –  Adani and GVK-Hancock –  have not waivered to drop their stakes in the controversial Abbot Point Port terminals in Northern Queensland.

The rest had already dropped the deal, including BHP Billiton and Rio Tinto. Anglo American is the latest to announce it is walking away.

Abbot Point in Northern Queensland (Photo: NQBPC)

BHP Billiton has formally withdrawn from the $5 billion worth of project as the preferred developer of Terminal 2  in 2012. It also pulled out of building a rail line linking the port with Bowen Basin mines.

Early on, doubt has been cast over the feasibility of the project.

The recent decision by Anglo American re-affirms the unfeasibility of the project. The firm announced that oversupply of coal in the world market has dampen prices.

As of its December 2013 financial records, “metallurgical coal saw underlying operating profit fall 89% to $46m, while thermal coal profits fell 32% to $541m as a result of lower realised prices.”

Bloomberg’s writer, Elisabeth Berhmann, quoted a Sydney-based commodity analyst from Goldman Sachs Groups Inc as saying, “For these projects to be attractive investments, you need to be quite bullish about thermal coal prices….If you’re a power company, and you’re wanting to secure sources of coal, there’s plenty of coal in the market.”

Mining Australia notes the expansion would see four terminals costing $6.2 billion which would provide an extra annual capacity of 120 million tonnes. this would also support the development of mines in the Bowen, Surat, and Galilee Basins.

Adani and GVK Hancock, however, are all out to develop Terminal 0 and Terminal 3, respectively.

Josh Euler, manager for corporate affairs at GVK Hancock, welcomes the decision to go ahead with the expansion. He said in a  press statement , “This is a significant milestone in developing our Galilee Basin coal projects, which represent the creation of over 20,000 direct and indirect jobs and over $40 billion in taxes and royalties.” .

Double disadvantage

Amid bearish coal market prices, environmental groups have denounced the Government’s decision due to its high risk posing an irreversible damage to the world heritage site. The Great Barrier Reef Marine Park Authority (GBRMPA) approved the dumping of 3 million cubic metres of dredge spoil in the reef marine park

The Australian public has been outraged with the approval. Last year, the United Nations downgraded the world heritage site into the endangered list.

Protesters in mascots against dumping on the reef. (Photo: AAP)

GBRMPA expedited a crisis communication in an attempt to ‘enlighten’ and ‘pacify’ the public.. Its chairman, Russell Reichelt,  has written an article at the academic online paper –The Conversation –  to justify the approval. He said the decision is based on comprehensive study and sound judgment that will not do any lasting harm to the heritage site. Discussion has been open to the public since March 3. Reichelt answers the queries himself although readers– composed of engineers, scientists, researchers, and ordinary citizens — are neither convinced nor impressed with the attempt to “gloss over” the real issue.

Observers said, there is something fishy at the sudden turn around of decision considering the warnings over sediments dumping.

Greenpeace  also found a document that questions the integrity of the decision. It shows that GBRMPA feared the dumping would annihilate the barrier reef. However, the Environment Department ignored the warnings and pressured the marine park authority.

Greenpeace campaign poster against Adani group

Indian firms- the culprit

Furious tour operators and Greenpeace are pointing fingers at the Indian mining tycoons as the culprit of an impending catastrophic disaster awaiting the vast expanse of corals.

Association of Marine Park Tour Operators President Colin McKenzie, the peak industry lobby group covering tourism in the World Heritage-listed reef region, accused the marine park authority of pandering to politicians and for allowing Adani group to undertake a risky business.

“The biggest culprit is Adani, an Indian corporation that wants to build Australia’s biggest coal mine in the Galilee Basin in central Queensland, and needs the dredging to allow huge coal ships to access their proposed new coal terminal at Abbot Point to send their coal overseas,” Greenpeace said.

Related story HERE