Posted
Mining firm Adani has unwittingly provided
"persuasive" evidence for a Queensland Government investigation into
allegedly illegal works on its Carmichael mine site, environmental
lawyers say.
Key points:
- Environment department is investigating video evidence of illegal water bores on mine site
- EDO says Adani provided data that demonstrates it has broken the rules
- Adani insists the bores are operating as permitted under its licence
The evidence includes specifications of groundwater bores registered by Adani on a government website, which Queensland's Environmental Defenders Office (EDO) said could only be used for prohibited dewatering operations, and not for monitoring as Adani has claimed.
Adani has also confirmed it cleared 5.8 hectares of land when correcting an "administrative error" in its reporting to government, an action the EDO branded unlawful.
A spokeswoman for Adani insisted the company had acted in accordance with its environmental approvals, had not been dewatering for mining operations, and had "cooperated with both relevant State and Commonwealth departments regarding these allegations".
The Department of Environment and Science (DES) began an investigation in September to examine allegations Adani had drilled illegal groundwater bores.
Satellite and drone evidence of drilling was presented to DES by the EDO on behalf of its client, environmental group Coast and Country.
Coast and Country spokesman Derec Davies said the evidence had resulted in an official investigation by the Queensland Government.
"Adani have been caught red handed breaking the law, and then lying about it within official documents," he said.
Dewatering bores are used by miners to prepare for open cut and underground operations.
Conservationists have repeatedly warned that Adani's dewatering plans could threaten the nationally important Doongmabulla Springs.
An Adani spokeswoman said the company had drilled the bores "to take geological samples and monitor underground water levels", which she said was permitted as a stage one activity under its licence.
However, an expert has told the ABC the registrations for five of the bores that appear on a Department of Natural Resources, Mines and Energy website bear the hallmarks of dewatering bores, not monitoring bores.
They show the bores are constructed with steel rather than plastic casing, were considerably thicker than Adani's registered groundwater monitoring bores and ran deeper at 135 to 273 metres.
The bore reports did not include the baseline underground water level or the elevation of each bore, information considered critical for monitoring.
The five registered bores are also ascribed the abbreviation "DWB", commonly used for dewatering bores, instead of "GMB", commonly used for groundwater monitoring bores.
'The evidence is clear'
EDO chief executive Jo Bragg said the public information provided by Adani since the State Government launched its probe in September amounted to "highly persuasive" fresh evidence it had breached its environmental licence."This is very important that the government acts to properly investigate and enforce environmental laws against a big corporate citizen like Adani," she said.
"We say the evidence is clear they have done six hectares of significant site clearance and they have done illegal drilling and illegal dewatering.
"What's the point of having terms and conditions if the Government doesn't enforce them?"
Adani has had its environmental authority since 2016, but is forbidden from carrying out dewatering operations or "significant site disturbance" until the State Government approves its groundwater management plan.
An RMIT University environmental engineering professor, Matthew Currell, said he did not believe bores built to such specifications would be used for water monitoring.
"On the face of it, no, absolutely not," he said.
"I mean, the way that a production bore or a dewatering bore is constructed is very different to how you would construct an ideal monitoring bore.
"It wouldn't take very long at all to establish on looking at a bore like that what its primary purpose is for."Most definitely, you'd construct a different type of bore if you're going to use the bore for monitoring as opposed to dewatering and production."
Another drilling industry source estimated Adani's bores cost more than $400 a metre in materials, whereas a standard monitoring bore cost $164 a metre.
Registered pump tests show Adani had drawn at least 140,000 litres taken from target aquifers, which the EDO argued was also a breach of its licence.
On September 18, Adani issued a statement saying it had neglected to report the clearance of 5.8 hectares, more than double the area identified by satellite imagery in Coast and Country's complaint to the State Government.
The Adani spokeswoman accused the ABC of "acting as the mouthpiece for organisations like the Environmental Defenders Office and Coast and Country, which continually make claims that are later proven false".
She said Coast and Country had "taken unsuccessful legal action against Adani on previous occasions and had costs awarded by the court against it".
"To avoid paying those costs orders, Coast and Country placed the relevant entities to the litigation into liquidation and has then proceeded to create new entities to enable them to make further baseless allegations using the Coast and Country name," she said."Adani will continue to comply with all of its legal obligations whilst it focuses on creating jobs for regional Queensland."
Mr Davies said Adani, "lashes out at its critics when in a corner".
"If as much energy was put into protecting Queensland's water and natural environment they might not find themselves mired in such constant controversy," he said.
Ms Bragg said the DES had been "investigating this persuasive evidence for quite some time" and had the option of prosecuting Adani or issuing civil enforcement orders.
"Frankly, it's really not good enough," she said.
"We've been told by Adani itself and politicians that there's many, many terms and conditions attached to these approvals.
"Here we have this very convincing evidence they've been breaching their environmental approvals — the Government should act."
A DES spokesman said its investigation remained active and the department could not comment further on the matter.
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