Case summary: Abbot Point dredging
10 June 2014
In essence, this case is a direct challenge by the
Mackay Conservation Group (MCG) to the approval and conditions Minister Hunt placed on the controversial dredging at Abbot Point.
North Queensland Bulk Ports Corporation Limited (NQBP) applied for Minister Hunt’s approval under the Environment Protection and Biodiversity Protection Act 1999 (Cth) (EPBC Act) to undertake a program of dredging and dumping near Abbot Point to facilitate
development of three new proposed port terminals: Terminal 0, Terminal 2 and Terminal 3.
These terminals are being developed to increase the capacity of the Port of Abbot Point to export coal from proposed coal mines in the Galilee Basin. The planned mines, rail infrastructure and coal ports are being developed by mining companies including
Adani Enterprises, GVK Hancock, and Waratah Coal.
The project proposes to dredge 3,000,000 m3 of seabed near Abbot Point, destroying 180 hectares of seagrass and to dump the dredged material approximately 24 km offshore from Abbot Point in the Great Barrier Reef Marine Park.
Approval was given by the Minister on 10 December 2013. The approval decision is available here.
http://www.environment.gov.au/epbc/notic...cision.pdf
MCG, represented by EDO Qld lawyers, is challenging this decision in the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 (Cth). It is claiming there were a number of alleged errors of law in Minister Hunt’s EPBC Act approval.
Of particular importance to the case are the requirements under s137 of the EPBC Act, that the Minister’s decision cannot be inconsistent with the World Heritage Convention (Convention) or the Australian World Heritage Management Principles (Principles). Among the many potential grounds of review identified in relation to the decision is that the Minister’s decision is unlawful because it is inconsistent with the Convention and the Principles, and it was premised on an erroneous construction of the requirements of s137.
In short, this case will require the Court, for the first time since the EPBC Act came into force in July 2000, to consider how the Convention and the Principles affect the Minister’s decision making powers in relation to Australia’s World Heritage properties.
The case is expected to be of interest to members of the World Heritage Committee because it is the EPBC Act which enshrines the requirements of the World Heritage Convention in law in Australia.
STATUS:
At the first directions hearing on Friday 2 May 2014, the Court ordered that NQBP be joined as a party to the proceedings. The case has been set down for a 5 day trial from
27 to 31 October 2014.
Note: NQBP required separate approvals for the dumping of dredge material under the Environment Protection (Sea Dumping) Act 1981 (Cth)) and for carrying out dumping activities in the GBR Marine Park (under the Great Barrier Reef Marine Park Act 1975 (Cth)).
These were both granted on 31 January 2014.
The approval under the Sea Dumping Act is the subject of a current separate action in the Administrative Appeals Tribunal, being taken by
North Queensland Conservation Council.
http://www.edo.org.au/edoqld/news/mcg-v-...ging-case/
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Comments:
1) The Mackay Conservation Group (MCG) is challenging the Federal Government’s approval decision.
2) The North Queensland Conservation Council (NQCC) is challenging the dumping permit approved by Great Barrier Reef Marine Park Authority (GBRMPA)
3) There are three new terminals being proposed at Abbot Point involving Adani (terminal 0), GVK Hancock (terminal 2) and Waratah Coal (terminal 3)
4) Five mega ports, including Abbot Point, along Queensland coast have been approved – which apparently would face similar “dredging material issues”
http://www.couriermail.com.au/news/queen...6945646084
5) This is not an “Adani” specific problem – it is an “economic development vs conservation” issue which the Federal & Queensland state governments have to resolve with the various interest groups – not an insurmountable problem, IMO.
(vested)
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