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Aus court dismisses case challenging Adani mine approval

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Press Trust of India Melbourne
Last Updated : Aug 29 2016 | 2:13 PM IST
Indian mining giant Adani's plan to build one of the world's largest coal mines in Australia cleared another legal hurdletoday after a top court dismissed an environmental group's plea foroverturning the government's approval to the controversy-hit 21.7 billiondollar project.
The Australian Conservation Foundation (ACF) had arguedin the Federal Court that the former environmentminister Greg Hunt failed to consider ifthe impact of burning coal and climate pollutionwas in line with global obligations to protect the Great Barrier Reef.
Welcoming the decision,the Adani company said the ruling had once again reinforcedthe stringency of the strict, science and evidence-based federal environmental approval process governing its planned mine at Carmichael in Queensland's Galilee Basin.
"Over six years, there have been multiple approval processes, some two years of cumulative community consultation andsubmissionsas part of those processes, and over ten appeals and judicial processesbroughton by activists," Adani said, adding that, "there can be no question that there has been more than ample opportunity for consultation, input and appeal and foractivists to have their say".
Clearly, the time has come for the will of communities who are crying out for these projects to proceed to have their voices heard not just those of activists from out of town, it said.
Adani said it maintains its stance todeliver on its long term future with Queensland, pending the resolution of a small number of outstanding legal challenges.
"As the company has previously indicated, if those issues are finalised, construction can commence in 2017," it said.

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Reacting to the decision,ACF said itwill not give up its efforts to stop Adani's projectdespite the court dismissing itschallenge to the federal government's approval.
"Most Australians would be shocked that the government can legally approve the biggest coal mine in Australia's history, when this year the Great Barrier Reef has suffered the worst coral bleaching on record -- a direct result of global warming," ACF's CEO Kelly O'Shanassy said.
"If the Carmichael mine proceeds its coal will create 4.7 billion tonnes of climate pollution over the proposed life of the mine, wiping out Australia's efforts to reduce pollution and contributing to more frequent and severe bleaching events on the reef," O'Shanassy said.
"It is extraordinary that in 2016 a Federal Environment Minister can argue in court that a mega-polluting coal mine will have no impact on the climate and the Great Barrier Reef," she said.
Adani's project has been hampered time and again since its launch six years ago.
(Reopens FGN 19)
Criticising the decision,Australian Greens Deputy Leader and Spokesperson for the Environment Senator Larisa Waters alsoaskedthe government to rule out public funding for the Adani'sproject and demandedstronger laws to protect the Reef from global warming.
"The decision by the Federal Court today to reject court challenge to the Adani mine is simply tragic and shows our environment laws must be strengthened," Waters said.
"The Reef is in serious danger from global warming after the worst coral bleaching on record. When the government can tick off on one of the world's biggest coal mines while that damage unfolds then our laws are fundamentally broken," he said.
(Reopens FES 58)
The Adani statement said the decision closely follows the Federal Court's dismissal of another activist-driven legal challenge designed to delay the project on August 19.
"Consistent with earlier decisions of Queensland's Land Court and the Federal Court affirming the company's approvals, the Federal Court has determined that due process has been followed," it said.
At their core, these challenges have been about stopping investment and jobs as part of a wider activist campaign against mining, it added.
"A recent report by PwC quantified the cost of these delays as being some USD 3 billion to the economy and over 1,600 jobs annually over the first ten years of the intended projects. In local communities, a state and the national economy crying out for growth, this represents a significant cost to the community, not just to Adani," the statement said.
As has been consistently pointed out, these projects will supply better quality coal for increased thermal coal demand, in conjunction with significantly increased solar demand, in a growing Indian economy that will lift hundreds of millions of people out of energy poverty.
"If the better quality, better regulated coal from Australia is not sourced in Queensland, it will simply mean lower quality, higher emitting coal from elsewhere in the world will be used. So, the activists will not only harm local jobs, but if they get their way would ensure higher emissions as well," the statement said.
It added, the activist-driven challenges are part of a known minority campaign.
"While loud, they fly in the face of the strong support the company's projects have from local communities in North and Central Queensland, the tireless work with landholders, and the years of work with local councils, business and resident groups who are keen to realise the benefits of these job-creating projects," Adani Group said.
Earlier in a relief to Adani, an Australian court had dismissed a Queensland Indigenous group's application challenging the mining leases granted to the project.

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First Published: Aug 29 2016 | 2:13 PM IST

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