E&OE….
Topics: Carmichael proposal, MP’s entitlements
EMMA GRIFFITHS:
Today a multi-billion dollar project has hit the skids, again. This time, all thanks to a snake and a skink. Australia's Federal Court has overturned the approval granted for Adani's Carmichael coal mine and rail project.
It found that the Environment Minister, Greg Hunt, had not properly considered advice about two threatened species – the Yakka skink and the ornamental snake. Federal Environment Minister Greg Hunt is now reviewing the application again. Minister, good afternoon.
GREG HUNT:
Good afternoon.
EMMA GRIFFITHS:
Did you make a mistake?
GREG HUNT:
Look, with respect, the way you presented the court's decision was wrong in two areas. The court did not overturn the decision at the request of myself – it actually set it aside and so was actually a request of the Commonwealth of Australia. And secondly, it made no findings about a failure to consider anything.
What it did do was take the advice of my department that the decision should be reconsidered to take into account additional factors over (inaudible) previous matters…
EMMA GRIFFITHS:
But Minister, did you make a mistake?
GREG HUNT:
No, we're certainly not accepting that at all. I'm following the advice of the department which provided all advice and which we followed and considered all advice provided by the department…
EMMA GRIFFITHS:
Did the department make a mistake?
GREG HUNT:
Look, I'm not on this occasion accepting that. And certainly your – and I say this respectively – your characterisation of the court decision was quite incorrect. What the department said is look, we have a sense that the court might find something new as a new standard and so it might be better to remake the decision. It described it as a technical and an administrative process.
EMMA GRIFFITHS:
So this was a bureaucratic bungle?
GREG HUNT:
No, look, I'm not trying to blame anybody. In fact, what the department has said publicly is that it expects it will take six to eight weeks to prepare its advice and supporting documentation. So when I came in there were 20 cases against, give or take, against my predecessors.
There had been other decisions which through the process they were determined one way or another by the courts. In this case, the court has not made a determination – it agreed on our request to set the decision aside and for the matter of prudence and caution, it will be reconsidered and remade without pre-empting the outcome over the coming weeks. So it's literally a matter of weeks to remake and reconsider the decision.
EMMA GRIFFITHS:
So there could be a six to eight- there's a six to eight week delay here at least. Are you worried that could be a blow too many for this project?
GREG HUNT:
My job is to apply the law scrupulously and if there was any question or possibility that a court may find that a new procedure or step was required, and this emerged as something which had never previously been considered, might well be required in this case. Then the prudent advice of the department and the prudent response from myself is to make sure there is no doubt about the procedures.
EMMA GRIFFITHS:
The Resources Council in Queensland has said that this has fallen victim to a legal loophole – is that a loophole that you want to close?
GREG HUNT:
Look, I think the simple thing to do here is to consider the additional material which was over and above what the department has previously provided. I remember spending numerous, numerous, numerous hours going through all of the material and advice of the department previously and asking is there anything else. And they followed all of their previous practices.
Now, as a matter of prudence and caution to make sure that there isn't a risk of a procedural matter, the department has said look, we think the decision should be remade. It will take six to eight weeks – possibly earlier – but let's presume six to eight weeks. And without pre-empting the outcome, that's just what I'll do. I'll go through that process and consider any additional relevant material.
EMMA GRIFFITHS:
Minister, Adani has been delayed and delayed – there have been reports that it's sacking staff in its Brisbane headquarters. Are you worried they'll look elsewhere?
GREG HUNT:
Look, I don't think I should speak on the behalf of the company. My…
EMMA GRIFFITHS:
No, but I mean this is thousands of jobs, billions of dollars of investment in Queensland – is the Federal Government- does the Federal Government want this project to go ahead?
GREG HUNT:
Well, I can't pre-empt a decision and I apologise for being very legalistic and proper. But the whole reason we're talking is because it is essential for the Environment Minister of the day, whoever he or she may be, to adhere to what is a highly technical and administrative law.
I do know that we have cleared a trillion dollars of backlogged decisions from the previous government. We've put in place the One-Stop Shop. And I would also note that the new incoming Queensland Government looked through the previous proposal for the port access and is now submitting a new environmental impact statement for the port access.
So again, I'll have to consider that when they submit it. We don't have that final EIS, or environmental impact statement, from them so I would gently urge them to move forward as quickly as possible.
EMMA GRIFFITHS:
As Environment Minister, Greg Hunt, will the skink and the snake be protected regardless of what happens?
GREG HUNT:
Well no matter what we do, I have fundamental duties under the Federal environmental law to protect any threatened species according to their particular status, and there's a formal classification system. And so that is yes, any threatened animals that are within the area are by definition subject to the highest levels of protection.
EMMA GRIFFITHS:
So that means they won't be affected by the mine?
GREG HUNT:
Well look, I don't want to pre-empt anything. Again, I apologise for being precise and legalistic, but one of the issues under the Federal Act is in any way predetermining or prejudging. So, but as a matter of policy the species will be properly and absolutely appropriately protected.
EMMA GRIFFITHS:
Minister, just broadly on this, is there a lesson to take from this for the future of coal mining in Australia?
GREG HUNT:
Well look, I know that some years ago there was a document printed from those opposed to all of the mines in the Galilee Basin, and generally to any significant resource energy projects around the country, that they would try to litigate absolutely everything they could. And that is available under the law.
We did attempt to remove some of the legal and technical risks, the ALP said they wouldn't do it. And so that attempt to remove this, what you call a legal and technical risk, was blocked by the ALP when they came together with the Greens. So they said they would not pass it under circumstances which would have meant that this type of risk never existed again under the law.
EMMA GRIFFITHS:
Okay Minister, just on another issue today, Labor's frontbencher Tony Burke was Environment Minister, and when he was he charged taxpayers $12,000 on a trip to Uluru with his family. He said he was working. Is that acceptable? Is that an acceptable use of taxpayers' money?
GREG HUNT:
Look, I think it is far better for me to be prudent when confronted with something where I don't know the facts. I will let him answer for himself. And he has been the chief prosecutor for the ALP against Bronwyn Bishop, so he will have to answer those questions himself.
EMMA GRIFFITHS:
Okay Minister, thanks very much for your time today.
GREG HUNT:
Thanks Emma, cheers.
EMMA GRIFFITHS:
Cheers. That was Federal Environment Minister, Greg Hunt, there on the delay to the Adani Carmichael coal mine in Central Queensland.
(ENDS)