Wednesday, 17 July 2019

Adani facing prosecution for allegedly providing false information in Carmichael mine report

Updated about 5 hours ago

The Queensland Government is prosecuting mining giant Adani for allegedly providing false and misleading information to the Environment Department over land clearing at the site of its proposed Carmichael mine.

Key points:

  • Queensland's Environment Department says documents from the mining company had misleading information about disturbances already undertaken at the mining site
  • Adani notified the Department about an "administrative paperwork error" in their report
  • The Government stressed the legal action would not impact work already underway at the mine

The ABC understands the charge under the Environmental Protection Act carries a fine that runs into the hundreds of thousands of dollars.
"The prosecution relates to information contained in Adani's 2017/2018 annual return for its Carmichael mine," the department said in a statement to the ABC.
"The annual return requires information about planned and actual disturbance of land at the mine.
"The department alleges that Adani's annual return contained false and misleading information about the disturbance already undertaken at the mine during the annual return period."
Last September, Adani notified the Department of "an administrative paperwork error" in its annual return for the Carmichael mine.
The company admitted that areas "that were disturbed during the final three-and-a-half weeks of the annual return period should have been included".
The prosecution against Adani is listed for mention at the Brisbane Magistrates Court on August 16.
"These proceedings do not affect work currently underway at the mine site and do not relate to the recent approval of the mine," the department's statement said.
But the mining giant will not be prosecuted over allegations relating to the clearing of land and the sinking of dewatering bores at the mine site last year, and for the construction of drill pads this year.
"[The department] has formed the view that Adani has not contravened the applicable conditions of its approval and that view is confirmed by barrister Stephen Keim SC," it said in a statement.
In a statement to the ABC, Adani said it was notified of the prosecution on Tuesday.
"We have been notified that the prosecution will proceed despite the fact all relevant works were legal and fully complied with our project conditions, and despite there being no environmental harm," a company spokeswoman said.
"We will assess the documentation relating to the prosecution in consultation with the Department of Environment and Science, and participate in the relevant legal processes required to resolve this matter."

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