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Adani 'misled' tribunal, say owners

Traditional owners have become the latest to fight Adani's Carmichael mine in court, claiming the company exaggerated the project's economic benefits.

Adrian Burragubba, spokesperson for the Wangan and Jagalingou (W&J) Traditional Owners' Council, poses for photos outside the Federal Court in Brisbane, Monday, Nov. 23, 2015.
Adrian Burragubba, spokesperson for the Wangan and Jagalingou (W&J) Traditional Owners' Council, poses for photos outside the Federal Court in Brisbane, Monday, Nov. 23, 2015. Source: AAP

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Source: AAP


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Indian mining giant Adani misled a native title tribunal by exaggerating the economic benefits of its planned $16.5 billion Carmichael mine, traditional owners claim.

The Wangan and Jagalingou Traditional Owners' Council has become the latest group to legally challenge Australia's largest proposed coal mine, for Queensland's Galilee Basin, taking their fight to the Federal Court in Brisbane.

Their cultural leader, Adrian Burragubba, who has been accused of being bankrolled by activists, has appealed a National Native Title Tribunal decision that allowed the state to issue mining licences for the project without traditional owners' consent.

Mr Burragubba says Adani justified its mine in the Native Title Tribunal by dishonestly and knowingly relying on inaccurate information about its economic benefits.

"There's been like gross overestimations of the jobs that have been offered, gross overestimations of the benefits that will come from this mine," he said outside court on Monday.

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Mr Burragubba's lawyer, David Yarrow, told the court Adani had distorted the National Native Title Tribunal's decision-making process because it had failed to provide certain material about the project's economic benefits.

Therefore the tribunal's decision should be set aside, he said.

When making its decision earlier this year, the tribunal disregarded a statement from Mr Burragubba because it was submitted after the deadline and was not considered to be relevant.

Mr Burragubba said his people had already twice rejected a land use agreement with Adani and feared their homelands and cultural heritage would be destroyed if the mine went ahead.

Mr Burragubba said he represented the "majority" of Wangan and Jagalingou people and their court action would be paid for by crowd funding and helped by lawyers acting pro-bono.

However, Queensland Resources Council chief executive Michael Roche said many Wangan and Jagalingou people wanted the mine to proceed and disagreed with Mr Burragubba, who was being "bankrolled by activist groups".

"Really this court action is just one part of a coordinated campaign to disrupt and delay this project through legal challenges," Mr Roche said.

Political lobby group GetUp!, which has supported Greenpeace in campaigning against the mine, has asked for donations for the Wangan and Jagalingou "fighting fund" on its website.

A spokesman for Adani said the company would not comment on ongoing legal proceedings.


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