EDO Qld has lodged a legal challenge on behalf of the Australian Conservation Foundation over the Federal Government’s decision to assess Adani’s North Galilee Water Scheme without investigating its impact on Australia’s precious water resources.
March 2019 Update: EDO Qld, acting on behalf of the Australian Conservation Foundation, have been successful in amending the grounds of the legal challenge over Adani's NGWS to include failure to consider public submissions on the project.
Queensland is in the midst of an extreme drought.
That means it’s more important than ever that any proposal that may affect our water resources is properly examined according to the law.
After careful legal analysis, EDO Qld has lodged a challenge in the Federal Court on behalf of the Australian Conservation Foundation, seeking a judicial review of the decision to allow assessment of Adani’s North Galilee Water Scheme to proceed without applying the water trigger under the Environment Protection and Biodiversity Conservation Act 1999.
If successful, this action would force the government to go back to the drawing board and properly consider the impact of this massive pipeline project on Australia’s precious water resources.
For years, EDO Qld lawyers have been at the forefront of a range of carefully considered legal actions and challenges around the Adani Carmichael mine and other risky coal projects.
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The North Galilee Water Scheme – a candidate for the water trigger?
The North Galilee Water Scheme (NGWS) is Adani’s plan to pump up to 12 billion litres of water a year from the Suttor River to the company’s Carmichael mine site, where it would be used for a variety of purposes including washing coal.
In September, the Federal Environment Minister decided the project did not need to undergo assessment for its impact on water resources under the water trigger provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
In this case, EDO Qld will argue that the Minister made an error of law in her failure to apply the ‘water trigger’ under the EPBC Act.
Because of this the impact of this massive project on our water resources will not be federally assessed, and EDO Qld considers that to be unlawful.
We will be arguing the Minister’s decision needs to be examined by the Court, and ultimately overturned.
If this challenge is successful, the Minister will need to go back to the drawing board and require assessment of the impacts of this project on our water resources.
Standing up for our water, standing up for the community
Huge parts of the country are currently in the middle of a crippling drought. It’s crucial that any proposal that may affect our water resources is properly examined.
The sheer scale of this project makes it vitally important we get the process right, and have a thorough assessment of the project’s impact on our precious water resources.
Not only this, the community has a legitimate interest in seeing that big mining corporations like Adani comply with the law, and that they get the same treatment under the law as everybody else.
Please assist us in our efforts to stand up for the community by pledging your support to EDO Qld for this action and others like it, or making a tax-deductible donation