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Adani’s Queensland coalmine a threat to important wetland, Indigenous groups and scientists say

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Saturday, July 13, 2024

There is growing concern that a culturally significant and nationally important wetland is under threat from Adani’s controversial coalmine in Queensland, with an Indigenous group demanding the government investigate alleged breaches of the conditions that protect the site.Scientists say drops in water levels in bores around the Doongmabulla Springs have been detected hundreds of times since mining started, and allege hydrocarbons associated with coal have been found in bores and the springs themselves.Adani rejected the claims, saying the springs had not been damaged by the Carmichael coalmine, operated by Bravus – a subsidiary of the Indian-owned Adani Group – and the company was fully compliant with environmental conditions.The springs, located mostly on a nature refuge, are a nationally important wetland and a culturally important site for Wangan and Jagalingou people, and their protection was a condition of the project’s 2016 federal approval by the then environment minister, Greg Hunt.Adrian Burragubba, who has long campaigned against the mine, at the Qld supreme court in May. Photograph: Nagana Yarrbayn Cultural CustodiansIn a letter sent this week to the environment minister, Tanya Plibersek, and seen by Guardian Australia, the Wangan and Jagalingou man Adrian Burragubba wrote the minister should investigate concerns primarily around the health of the springs, the levels of groundwater and the models used to predict how mining might affect the site’s underground water.Burragubba, who has long campaigned against the mine, said the springs, lagoon and a nearby ochre deposit were a sacred place for Indigenous ceremonies.“We go to reconnect with our ancestors and to hand on the stories of how we began,” he said. “The [state] government’s job is to make sure our human rights are not limited.”Burragubba’s Nagana Yarrbayn Cultural Custodians group is in Queensland’s supreme court trying to force the state government to act on their warnings about risks to the springs. Part of the push for a judicial review argues the group’s human rights are being restricted.The group says it wrote to the state government in November last year outlining the findings of reports from two scientists it had commissioned, as well as a report from CSIRO.One of those scientists, Prof Matthew Currell, a hydrogeologist and groundwater expert at Griffith University who is involved in ongoing research into the health of the springs, wrote there had been “marked increases” in detections of hydrocarbons in bore water sampling since mining started.Currell told the Guardian the springs had been in existence for thousands, if not millions, of years but alleged that now “hundreds of instances” where the levels of groundwater and the water quality had exceeded trigger values.Doongmabulla Springs in Queensland – a culturally significant and nationally important wetland. Photograph: Nagana Yarrbayn Cultural Custodians“The concern is that the Carmichael mine is only 10 kilometres from the springs and they have been pumping significant volumes of groundwater.skip past newsletter promotionSign up to Afternoon UpdateOur Australian afternoon update breaks down the key stories of the day, telling you what’s happening and why it mattersPrivacy Notice: Newsletters may contain info about charities, online ads, and content funded by outside parties. For more information see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.after newsletter promotion“I believe the springs are still in good health, but the levels occurring in bores between the mine and the springs have seen them going below the triggers. That’s a warning sign that we might not have too long. It’s a matter of time before we see impacts on the springs themselves.”He alleged hydrocarbons often associated with coal had been detected in bores and in the springs.“That points to a potential impact from mining and it needs to be urgently explained,” he said.A 2023 CSIRO review of the mine’s groundwater modelling and reporting said “confidence in the range of predicted impacts is low” and the company’s groundwater modelling report failed to comply with one of the conditions of its state environmental approval.Questions to Plibersek’s office were forwarded to the environment department, where a spokesperson said: “The department is aware of the matter and is making inquiries.”But a statement from Bravus said the company “wholly rejects the incorrect claims” of the scientists and said no damage had occurred to the springs. The mine was fully compliant with all state and federal obligations, it added.“Our groundwater program uses highly sensitive early warning triggers to detect small changes in groundwater levels that are then investigated. These triggers are not exceedances, and none have been related to mining activity.“Mischievous claims of hydrocarbons in the springs are false. Any trace elements detected are due to tiny amounts of drilling lubricants from when the monitoring borehole was dug. This is the same process used to drill any domestic water bore and it is not harmful to the environment.”In a stement the Department of Environment, Science and Innovation said groundwater drawdown thresholds acted as an early warning system and that there was “no evidence that mining activities are impacting the Doongmabulla Springs Complex at this time.”The department had reviewed Adani’s reports from each groundwater trigger incident and those reports “confirm it has not been caused by mining, but rather by dry seasonal conditions, landholder pumping nearby, or natural variation.”The department had filed an application to stay or dismiss the judicial review application over the department’s decision not to exercise power under the Environmental Protection Act 1994.But the statement said the department had in March 2023 issued an order preventing Adani from starting underground mining until the company had filed a second groundwater report, after the first was “rejected because DESI has low confidence in the predictions made in the report.”Adani has appealed that order, the statement said, but the company had agreed to install more monitoring bores and do more groundwater modelling work “to identify any short-term drawdown impacts”.

Letter urges environment minister to investigate alleged breaches at Doongmabulla SpringsFollow our Australia news live blog for latest updatesGet our morning and afternoon news emails, free app or daily news podcastThere is growing concern that a culturally significant and nationally important wetland is under threat from Adani’s controversial coalmine in Queensland, with an Indigenous group demanding the government investigate alleged breaches of the conditions that protect the site.Scientists say drops in water levels in bores around the Doongmabulla Springs have been detected hundreds of times since mining started, and allege hydrocarbons associated with coal have been found in bores and the springs themselves. Continue reading...

There is growing concern that a culturally significant and nationally important wetland is under threat from Adani’s controversial coalmine in Queensland, with an Indigenous group demanding the government investigate alleged breaches of the conditions that protect the site.

Scientists say drops in water levels in bores around the Doongmabulla Springs have been detected hundreds of times since mining started, and allege hydrocarbons associated with coal have been found in bores and the springs themselves.

Adani rejected the claims, saying the springs had not been damaged by the Carmichael coalmine, operated by Bravus – a subsidiary of the Indian-owned Adani Group – and the company was fully compliant with environmental conditions.

The springs, located mostly on a nature refuge, are a nationally important wetland and a culturally important site for Wangan and Jagalingou people, and their protection was a condition of the project’s 2016 federal approval by the then environment minister, Greg Hunt.

Adrian Burragubba, who has long campaigned against the mine, at the Qld supreme court in May. Photograph: Nagana Yarrbayn Cultural Custodians

In a letter sent this week to the environment minister, Tanya Plibersek, and seen by Guardian Australia, the Wangan and Jagalingou man Adrian Burragubba wrote the minister should investigate concerns primarily around the health of the springs, the levels of groundwater and the models used to predict how mining might affect the site’s underground water.

Burragubba, who has long campaigned against the mine, said the springs, lagoon and a nearby ochre deposit were a sacred place for Indigenous ceremonies.

“We go to reconnect with our ancestors and to hand on the stories of how we began,” he said. “The [state] government’s job is to make sure our human rights are not limited.”

Burragubba’s Nagana Yarrbayn Cultural Custodians group is in Queensland’s supreme court trying to force the state government to act on their warnings about risks to the springs. Part of the push for a judicial review argues the group’s human rights are being restricted.

The group says it wrote to the state government in November last year outlining the findings of reports from two scientists it had commissioned, as well as a report from CSIRO.

One of those scientists, Prof Matthew Currell, a hydrogeologist and groundwater expert at Griffith University who is involved in ongoing research into the health of the springs, wrote there had been “marked increases” in detections of hydrocarbons in bore water sampling since mining started.

Currell told the Guardian the springs had been in existence for thousands, if not millions, of years but alleged that now “hundreds of instances” where the levels of groundwater and the water quality had exceeded trigger values.

Doongmabulla Springs in Queensland – a culturally significant and nationally important wetland. Photograph: Nagana Yarrbayn Cultural Custodians

“The concern is that the Carmichael mine is only 10 kilometres from the springs and they have been pumping significant volumes of groundwater.

skip past newsletter promotion

after newsletter promotion

“I believe the springs are still in good health, but the levels occurring in bores between the mine and the springs have seen them going below the triggers. That’s a warning sign that we might not have too long. It’s a matter of time before we see impacts on the springs themselves.”

He alleged hydrocarbons often associated with coal had been detected in bores and in the springs.

“That points to a potential impact from mining and it needs to be urgently explained,” he said.

A 2023 CSIRO review of the mine’s groundwater modelling and reporting said “confidence in the range of predicted impacts is low” and the company’s groundwater modelling report failed to comply with one of the conditions of its state environmental approval.

Questions to Plibersek’s office were forwarded to the environment department, where a spokesperson said: “The department is aware of the matter and is making inquiries.”

But a statement from Bravus said the company “wholly rejects the incorrect claims” of the scientists and said no damage had occurred to the springs. The mine was fully compliant with all state and federal obligations, it added.

“Our groundwater program uses highly sensitive early warning triggers to detect small changes in groundwater levels that are then investigated. These triggers are not exceedances, and none have been related to mining activity.

“Mischievous claims of hydrocarbons in the springs are false. Any trace elements detected are due to tiny amounts of drilling lubricants from when the monitoring borehole was dug. This is the same process used to drill any domestic water bore and it is not harmful to the environment.”

In a stement the Department of Environment, Science and Innovation said groundwater drawdown thresholds acted as an early warning system and that there was “no evidence that mining activities are impacting the Doongmabulla Springs Complex at this time.”

The department had reviewed Adani’s reports from each groundwater trigger incident and those reports “confirm it has not been caused by mining, but rather by dry seasonal conditions, landholder pumping nearby, or natural variation.”

The department had filed an application to stay or dismiss the judicial review application over the department’s decision not to exercise power under the Environmental Protection Act 1994.

But the statement said the department had in March 2023 issued an order preventing Adani from starting underground mining until the company had filed a second groundwater report, after the first was “rejected because DESI has low confidence in the predictions made in the report.”

Adani has appealed that order, the statement said, but the company had agreed to install more monitoring bores and do more groundwater modelling work “to identify any short-term drawdown impacts”.

Read the full story here.
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Ecuador's Indigenous Defenders Face Growing Threats, Activists Say at UN Summit

By Oliver GriffinCALI, Colombia (Reuters) -Indigenous environmental defenders in Ecuador are suffering an increasing number of threats and...

CALI, Colombia (Reuters) - Indigenous environmental defenders in Ecuador are suffering an increasing number of threats and sometimes deadly attacks amid spiraling violence in the country, activists said on Friday at the U.N. COP16 nature talks in Colombia.Nearly 200 countries are gathered in the city of Cali in an attempt to agree on a deal to implement the landmark 2022 Kunming-Montreal Biodiversity Framework agreement that aims to end destruction of nature by 2030.Among the goals of that agreement was heightened protection for environmental defenders. But during the summit, slated to end late on Friday, Indigenous activists from Ecuador said danger for their communities was growing."It's become a tense and terrible problem in Ecuador," Juan Bay, president of the Waorani Indigenous community, told Reuters, adding that threats have increased since a 2023 referendum in Ecuador approved a ban on oil drilling in the Amazon.Ecuador has experienced rising violence in recent years at the hands of organized crime, with President Daniel Noboa declaring a state of internal armed conflict earlier this year and designating almost two dozen gangs as terrorist groups.Negotiations at COP16 include discussions around monitoring killings of people targeted for efforts to protect the environment, but a proposed measure for recording them does not go far enough, said Natalia Gomez, the climate change policy advisor for advocacy group, EarthRights."Unfortunately, that indicator being discussed is optional and binary, which means that governments will only say, 'Yes, we're doing it', or 'No, we're not doing it'," she said.According to the U.N. Convention on Biological Diversity website, Ecuador has not reported on its aims to protect environmental defenders."Ecuador has seen an increase" in threats, Astrid Puentes, U.N. special rapporteur on the right to a healthy environment, told Reuters.Ecuador's government must comply with standards for environmental protection and implement protection measures for those who might receive threats, Puentes said.Ecuador's secretariat of indigenous peoples and nationalities did not immediately respond to questions from Reuters.Reported killings are creating a climate of fear for Indigenous communities trying to protect their homes, said Jhajayra Machoa, from CONFENIAE, the main organization of indigenous groups in Ecuador's Amazon."It's very hard to face this situation," she said.(Reporting by Oliver Griffin; Additional reporting by Alexandra Valencia in Quito; Editing by Jake Spring and Sandra Maler)Copyright 2024 Thomson Reuters.

Indigenous People March in Brazil's Capital Against Bill Limiting Land Rights

Hundreds of Indigenous people were marching Wednesday in Brazil’s capital, urging Congress to drop a proposed constitutional amendment that has the potential to paralyze and even reverse land allocations

BRASILIA, Brazil (AP) — Bearing images of animals and covered in body paint, hundreds of Indigenous people marched Wednesday in Brazil's capital, urging Congress to drop a proposed constitutional amendment that has the potential to paralyze and even reverse land allocations.The bill aims to add to the Constitution a legal theory, championed by the agribusiness caucus, that the date the Constitution was promulgated — Oct. 5, 1988 — should be the deadline for Indigenous peoples to have already either physically occupied claimed land or be legally fighting to reoccupy territory. Lawmakers from the caucus also claim it provides legal certainty for landholders.Indigenous rights groups have argued that establishing a deadline is unfair, as it does not account for expulsions and forced displacements of Indigenous populations, particularly during Brazil’s agriculture frontier expansion in the 20th century.“We are aware of the interests of mining companies, ranchers and oil companies in our lands. How many lives will be destroyed if this bill passes?” Alessandra Korap, an Indigenous leader of the Munduruku tribe, told The Associated Press.On Sept. 21, 2023, the Supreme Court rejected the deadline concept, which formed part of a lawsuit brought by Santa Catarina state. In the vote that secured the majority, Justice Luiz Fux argued that areas connected to Indigenous ancestry and traditions are protected by the Constitution, even if not officially recognized. It was a moment of widespread celebration among Indigenous communities and their advocates.One week after the ruling, pro-agribusiness lawmakers began pushing for congressional approval of the deadline. One initiative is the proposed constitutional amendment that the Indigenous movement fears will come up for a vote in the coming days.Congress also passed a law in December that established the 1988 deadline. The Indigenous movement and political parties appealed to the Supreme Court, which hasn't yet issued a ruling on the matter. During a speech in Congress, the author of the constitutional amendment, Sen. Hiran Gonçalves, stated that his proposal aims to settle the issue definitively, thereby ending legal uncertainty.Dinamam Tuxá, head of the rights group Articulation of Indigenous Peoples of Brazil, told the Associated Press that, if approved, the bill will lead to the suspension of Indigenous land demarcations, escalate socio-environmental conflicts and increase deforestation.Maisonnave reported from BrasilandiaThe Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Photos You Should See - Sept. 2024

Analysis-Australian Mine Fight Reignites Aboriginal Heritage Tensions

By Melanie BurtonMELBOURNE (Reuters) - Wiradjuri elder Nyree Reynolds calls her home west of Sydney the valley of the Bilabula, the Indigenous name...

MELBOURNE (Reuters) - Wiradjuri elder Nyree Reynolds calls her home west of Sydney the valley of the Bilabula, the Indigenous name for its river. The river features in Wiradjuri stories about the creation of their land, she told state planning regulators, "And no one has the right to destroy this."On her objections, the Australian government in August ordered miner Regis Resources to find a new dam site for a A$1 billion ($685 million) gold project on the grounds its proposed location for storing rock and chemical waste would irreparably harm culture attached to the river.The decision by Environment Minister Tanya Plibersek under a rarely used Aboriginal heritage protection law has stoked an outcry from mining groups who say Regis followed all legal processes and the decision raises sovereign risk for developers.The government's action adds to the uncertainty miners have faced since iron ore giant Rio Tinto legally destroyed ancient Aboriginal rock shelters at Juukan Gorge four years ago and raises the urgency to overhaul heritage protection laws.At least three other resources projects are facing review, like Regis did, under Section 10 of the law that allows Aboriginal people to apply to protect areas important to them when other legal avenues have failed."You can get all the state environmental approvals, all the federal environmental approvals and at the end of the process a Section 10, ... essentially a federal minister can ... make your project unviable," said Warren Pearce, CEO of the Association of Mining and Exploration Companies. "That's the definition of sovereign risk."While Reynolds objected to Regis' mine, a local Aboriginal group representing Wiradjuri people, authorised by the state to speak for cultural heritage, had concluded that impacts from the project could be managed.Regis said in August it is considering its legal options after writing down the value of its project by more than $100 million.The decision on Regis' project was the second by the government in as many months to back Indigenous groups over miners.ERA, majority owned by mining giant Rio Tinto, is suing the government on procedural fairness grounds after it did not renew the miner's exploration lease on uranium rich land.Government officials and some investors say developers need to engage earlier and more deeply with Indigenous groups when planning projects, but new laws governing heritage protection that would assist the process are yet to arrive.The government has not said when it expects to finalise the legislation. Only Western Australia has made some heritage reforms, leaving the industry relying on a patchwork of old state legislation to manage heritage protection at a time when Australia is marketing itself as a supplier of ethical metals.Resources projects with outstanding Section 10 objections include miner Bellevue Gold's plan to dig under a desert lake and Woodside's Scarborough natural gas project that will feed a gas plant in a region rich in ancient rock art that the government has nominated for a UNESCO World Heritage listing. Both projects are in Western Australia.But not all objections are equal when it comes to politics, especially with the centre-left Labor government facing an election in 2025.Woodside is unlikely to face the same setback as Regis, said MST Marquee senior energy analyst Saul Kavonic, as the $12.5 billion Scarborough gas project is "extremely politically important to the Labor government in Western Australia".Plibersek's office said it could not comment on the Scarborough project as the issue is under consideration.Both Woodside and Bellevue said they take their responsibilities to manage Aboriginal cultural heritage seriously.Bellevue said it has permission from the Tjiwarl native title group to dig under the lake as part of a heritage management plan.The government's action comes after it failed in a referendum last year that sought to give Indigenous Australians special recognition in the country's constitution and an advisory voice to lawmakers.Some people think the government is now acting to appease inner city east coast voters who backed the referendum and who may want to vote for the Greens rather than support mining."Here is a government trying to scramble to make itself look good, because it absolutely gutted the opportunity for us to have a voice in Parliament," said Wonnarua man Scott Franks, who has filed three section 10s against developments in the state's coal rich Hunter Valley region and lost them all.When asked if she was catering to Green voters with her decision on Regis, Plibersek told reporters on Aug. 28 that she had consulted widely: "I made the decision based on facts."Australia's minister for Indigenous Australians, Malarndirri McCarthy, said the government was working hard with Aboriginal groups on new heritage protection laws."The Australian Government is deeply concerned about the destruction of First Nations heritage values anywhere in Australia," McCarthy said in a statement to Reuters.A key issue that needs to be addressed is to make clear exactly who developers need to consult to ensure projects do not harm important sites on the traditional lands or countries of Indigenous groups."Our whole objective is to remove this sort of uncertainty that people are dealing with to make it clear who speaks for the Country," Plibersek told Australian Broadcasting Corp on Aug. 28.Regis said it had consulted with 13 different groups and individuals during the permitting process."Regis takes its relationship with the Aboriginal stakeholders at our operations very seriously and conducted extensive engagement with Aboriginal parties from an early stage in the approvals process," it said in a statement to Reuters.To help miners manage consultations on protecting Aboriginal heritage while the rules are revised, the Responsible Investment Association Australasia, which counts 75% of the country's institutional investors as members, worked with First Nations, the government and mining giant BHP on best practices."The current laws remain inadequate, which is why we need investors and corporates themselves to step up," the association's co-CEO, Estelle Parker, said.Among its recommendations, the association urges miners to adhere to free, prior and informed consent that can be withdrawn at any time.The guide is "ambitious and probably unrealistic", law firm Ashurst said in a 2024 report, but it advised miners to get familiar with it."Be aware that change will come to Federal heritage laws. When it does, it will be closer to the expectations expressed in these recent publications than the current legal framework."($1 = 1.4601 Australian dollars)(Reporting by Melanie Burton; Editing by Sonali Paul)Copyright 2024 Thomson Reuters.

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