'Slur' allegations in Adani court battle

The Federal Court in Brisbane is hearing an appeal over a land use agreement from a group of traditional land owners opposed to the Adani coal mine.

Wangan and Jagalingou traditional owners and supporters (file image)

Lawyers for the Wangan and Jagalingou people are appealing over a land use agreement with Adani. (AAP)

The Federal Court has heard allegations of "slurs" and "surreptitious tactics" in the latest instalment of a legal battle by a small group of traditional owners against mining giant Adani.

Some members of the Wangan and Jagalingou are appealing a Federal Court decision, which last year rejected their objections to an Indigenous Land Use Agreement.

Under the ILUA, native title over the area would be extinguished for Adani to build its Carmichael coal mine.



Following the trial, Justice John Reeves ruled the group's objections to the ILUA had "no merit".

The group has appealed the decision on grounds including that "below reasonable efforts" were made to verify whether participants were W&J people at meetings held to make decisions on the proposed ILUA.

The appeal hearing comes just days after Queensland Premier Annastacia Palaszczuk set a mid-June deadline for the completion of two outstanding state approvals for the controversial mine in the Galilee Basin.

On Monday, barrister Stephen Keim SC, for the W&J members, said the organisers of meetings to determine the agreement were paid $2500 to "generate enthusiasm, if I can put it that way".



Adani's barrister Tom Sullivan QC objected to that, labelling it as a "surreptitious way of bringing in a slur".

Mr Keim later said it was not submitted that the payments were improper.

Justice Steven David Rares said payments were normal in native title cases to ensure those involved are able to attend meetings.

Representatives from both sides commented on the case outside the proceedings.

Murrawah Johnson, a spokeswoman for the Wangun and Jagalingou Family Council, said the group believed the ILUA process was flawed.



"We are deeply concerned by our experience of misconduct, corruption of process, and stacking of a meeting to obtain a contract that signs away our rights to the land without our free prior and informed consent," Ms Johnson told media outside the court.

"All along, the native title system has been allowed to play to sectional interests within the Aboriginal community.

"Only those who put their hands up to mining deals are favoured and promoted but when we say no to the opening up of the Galilee Basin, our traditional country, we are obstructed at every turn."

Adani Mining issued a statement saying that in 2016 the W&J people "voted 294 to one" in favour of the ILUA for the Carmichael Project.

"This continuing court action has been pursued by a very small minority of the W&J people," the statement read.

"The majority of W&J people support the development of the mine and the vote to accept the ILUA reflected this."

The hearing will continue on Tuesday when Adani is expected to outline its objections to the appeal.


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Published 27 May 2019 4:56pm
Updated 27 May 2019 6:10pm


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