Safety comes first on mining lease
28 August 2021
Safety comes first on mining lease
The following statement can be attributed to a Bravus spokesperson:
“Mining leases have particular legal and safety requirements that need to be adhered to and unauthorised camps or people accessing the mining lease without authorisation are in direct contravention of legal and safety requirements.
“Safety always comes first for Bravus and as such we have asked the people in the unauthorised camp to remove themselves from the Carmichael mining lease immediately. In addition we have also notified the relevant authorities in accordance with our legal and safety requirements. Ultimately we need to keep everyone safe, including our workforce and also these people who are on the mining lease without the appropriate authorisation.
“We have deep respect for the traditions and customs of our Traditional Owners, particularly the Clermont and Belyando People of the Wangan and Jagalingou region.
“Importantly, Adrian Burragubba, his son Coedie McAvoy and their minority faction do not represent the majority ofNative Title Claimants for the Clermont and Belyando People of the Wangan and Jagalingou region and they are not authorised representatives of the majority of Native Title claimants.
“While we acknowledge that individual Wangan and Jagalingou community members may have their own personal views as to our operations, we continue to engage with those members who are formally appointed to represent their community as we collectively deliver on our responsibilitiesunder our agreed and registered Indigenous Land Use Agreement and associated Cultural Heritage Management Plan.
“Mr Burragubba and his supporters are not above the law and are not entitled to special treatment ahead of the authorised Native Title representatives for the Wangan and Jagalingou People.
“In line with our commitment to Traditional Owners, they are welcome to access the pastoral lease area to conduct traditional activities. However due to obvious safety issues this does not extend to the mining lease or the Carmichael mine.
“Like any other mine operator we have a responsibility to be aware of who is on our property, that they are kept safe, and accessing or traversing our property in a planned and orderly manner, especially considering there are mining andconstruction activities currently being undertaken onsite.
“Unauthorised access to a mine or mining lease area under Queensland law amounts to trespass and a serious breach of strict health and safety laws. As any responsible mine operator should, we have notified Mr Burragubba and advised him that his presence is unsafe and that he leave the Carmichael mine. We have also informed Mr Burragubba he and other Traditional Owners are welcome to move to the pastoral lease to conduct traditional activities.
“We are very supportive of our Traditional Owners undertaking cultural practices and ceremonies on their traditional lands and on our site, and as a responsible landholder we will continue to ensure that when people do wish to access our site, they are able to do so in a planned, safe, and respectful manner, that ensures both Adani and anyone on the property are compliant with the law.
“Works are continuing onsite and are so far unaffected by this activity.”
Note for editors:
- Bravus, formerly Adani Mining, has been working with the Traditional Owners of the Carmichael Project area, including the Wangan and Jagalingounative title claimants (W&J People), since 2010.
- In 2016 the W&J People voted 294 to 1 in favour of an Indigenous Land Use Agreement for the Carmichael Project (W&J ILUA).
- The W&J ILUA was signed by the Queensland Government, the W&J People and Bravus, was certified by the Queensland South Native Title Service (QSNTS), and on 8 December 2017 it was registered with the National Native Title Tribunal (NNTT).
- In April 2017, a minority group of W&J People, associated with the one dissenting vote and aligned with anti-fossil fuel activist groups, filed an Application in the Federal Court of Australia claiming that the certification of the W&J ILUA was void and of no effect and a declaration that the Registrar of the NNTT lacked jurisdiction to register the W&J ILUA.
- In August 2018, the Federal Court handed down a decision in that case upholding the ILUA and found the claims made by Adrian Burragubba and his associates to be “without merit”.
- The minority group of W&J People appealed the Federal Court’s decision. This Kemppi Appeal was heard before the Full Court of the Federal Court. On 12 July 2019, the Federal Court entirely dismissed the Kemppi appeal and awarded costs in Adani’s favour.
- Bravus continues to engage with and work productively with the Traditional Owners as identified on the National Native Title and Aboriginal Cultural Heritage Registers, as we are legally bound to do under guidance of the Indigenous Land Use Agreements and the Cultural Heritage Management Plans in place since 2014 and in a way that respects the rights, history, future intentions and requests of the Traditional Owners.
- The Carmichael Project will provide the four Traditional Owner groups, the Wangan and Jagalingou, Juru, Birriah and Jangga Peoples, with new business opportunities as well as support for education, employment and training via:
- A minimum $250 million Indigenous Business Development and Contracting Commitment
- A minimum commitment of $7.5 million in Indigenous Educational Bursaries / Pre-Employment Programs
- A minimum 10% Indigenous Trainee Target
- A minimum 7.5% Indigenous Employment Target
WANGAN AND JAGALINGOU PEOPLE & BRAVUS ILUA TIMELINE
(a) 26 April 2016 - Queensland South Native Title Services (QSNTS) certified the ILUA.
(b) 27 April 2016 – Application for registration of the ILUA submitted to the National Native Title Tribunal (NNTT).
(c) April 2016 - October 2016 - NNTT completed the statutory notification and objection process for the ILUA.
(d) 2 February 2017 - Full Court of the Federal Court of Australia handed down judgment in McGlade v Native Title Registrar  FCAFC 10.
(e) 10 & 16 February 2017 – NNTT announces moratorium on registration of all area ILUAs affected by the McGlade judgment.
(f) 6 April 2017 – Delia Kemppi, Lester Barnard, Lyndell Turbane, Adrian Burragubba and Linda Bobongi (Applicants) commence Federal Court of Australia proceeding QUD194/17 against Adani, QSNTS, the State of Queensland and the NNTT (Kemppi Proceeding).
(g) 22 June 2017 - Native Title Amendment (Indigenous Land Use Agreements) Act 2017 (Cth) came into effect reinstating the validity of area ILUAs rendered invalid by the McGlade judgment.
(h) 22 June 2017 – NNTT lifts the moratorium on the registration of area ILUAs.
(i) 1 December 2017 – Applicants filed injunction application in the Kemppi Proceeding to restrain Adani and the State from taking certain steps permitted by the ILUA.
(j) 8 December 2017 – ILUA registered by NNTT on the Register of Indigenous Land Use Agreements.
(k) 30 January 2018 – Hearing of injunction application by Federal Court.
(l) 2 February 2018 – Judgment delivered on injunction application. Injunction application dismissed by Federal Court.
(m) 5 February 2018 – Applicants file application for leave to appeal the dismissal of their injunction application and apply for injunctive relief pending the determination of any appeal.
(n) 15 February 2018 – Applicants’ application for leave to appeal and for injunctive relief dismissed with Justice Reeves noting that “…[Ms Kemppi and others]... cannot claim to exercise the authority of the applicant, or the registered native title claimant, as [they] purport… to do in this proceeding.”
(o) 17 August 2018 – Federal Court handed down judgement upholding W&J ILUA legislative process.
(p) 23 May 2019 – Justice Rares of The Federal Court dismissed an Amendment Application by the Kemppi appellants to amend their Notice of Appeal and amend their fourth Further Amended Statement of Claim in the first instance proceeding.
(q) 27 and 28 May 2019 – The hearing of the Kemppi Appeal in Brisbane before the Full Court of the Federal Court
(r) 12 July 2019 – The judgement of the Kemppi Appeal was handed down in Brisbane, entirely dismissing the Kemppi appeal and awarding costs in Adani’s favour.