Why court shot down another anti-Adani appeal
A CENTRAL Queensland native title group has vowed to fight on despite being ordered to pay Adani's and the State Government's costs after the state's highest court dismissed an application to stop the Carmichael coal mine.
The Queensland Court of Appeal on Tuesday dismissed an appeal from Wangan and Jagalingou man Adrian Burragubba against the government's 2014 approval of the mine on the basis that native title had been resolved.
Mr Burragubba argued the W and J people have been denied natural justice because the government did not hear their opposition to the mine.
The W and J people did not object to the mine at the Land Court within the legally required time frame but said they should have been approached for comment as they had an ongoing native title review in the High Court.
The court ruled the government had not made the approval on the basis that native title had been "extinguished” but instead a native title claim would not impact the mine's approval.
Justice Philip McMurdo said the appeal had not proved the minister's approval was averse to their native title claim.
"The essential premise of the appellants' argument is not established and consequently it cannot be accepted. The appellants failed to prove that there were facts or circumstances which required the minister, acting fairly, to consult them before making his decision,” he said.
Justice McMurdo denied the appeal and ordered Mr Burragubba to pay Adani's and the government's legal bills.
But Mr Burragubba said he would continue his fight against the Carmichael coal mine.
"The Queensland Government and Adani must understand that they are not in the clear. We still have an appeal in the full bench of the Federal Court which challenges the minister's authority to have issued those leases and completely disregarding our refusal to consent to the Carmichael project,” he said.
"We are not done yet. We will exhaust all legal avenues in our fight for our rights and to protect our country. Adani cannot move on the critical infrastructure for the mine until they can get us out of the way. We have further litigation challenging their fake 'land use agreement' in the Court, with a hearing date set for March 2018.”