We Suspect Silence

What you don't say and what you don't do will define you.

Category: energy sector

The Adani court case nobody is talking about

JEL (Juru Enterprises Limited) KMYAC (Kyburra Munda Yalga Aboriginal Corporation) RNTBC (Registered Native Title Body Corporate) ILUA (Indigenous Land Use Agreement) ORIC (Office of the Registrar of Indigenous Corporations) NNTT (National Native Title Tribunal) NQLC (North Queensland Land Council) DSD (Department of State Development) NTRB (Native Title Representative Body) NQBP (North Queensland Bulk Ports) CHMP (Cultural Heritage Management Plan) ATSI (Aboriginal and Torres Straight Islander) APGGP (Abbot Point Growth Gateway Project)

 

The court case QUD244/2017

In June last year a news article appeared titled ‘Juru missed out on $1m from Adani: court’. It was written by NewsCorp regional reporter Geoff Egan (15). To my knowledge there are no other news articles or writing relating to the court proceedings mentioned in the article. Geoff kindly shared links to Commonwealth Court documents with me (16,17). Here’s a quote from his article that sums up the court proceedings:

Juru Enterprise has taken Adani and Kyburra Munda Yalga Aboriginal Corporation to the Federal Court claiming Kyburra did not have approval to replace Juru under an Indigenous Land Use Agreement amendment.

Through my research I’ve gathered that Juru Enterprises Limited (JEL) were assisted in making Indigenous Land Use Agreements (ILUAs) with Adani by the North Queensland Land Council (NQLC). I’ve also found that agreements over Abbot Point have been made or entered into by JEL after the Aboriginal corporation specifically set up to deal with native title matters for the Juru People, Kyburra Munda Yalga Aboriginal Corporation RNTBC (KMYAC) came into existence.

 

KMYAC on the verge of insolvency

It’s important to understand that at this stage KMYAC are still under special administration by the Office of the Registrar of Indigenous Corporations (ORIC) (10). This is the final run in an 18 month long process. ORIC appointed a small firm for the first incomplete examination back in October 2016, and then, in May 2017 appointed a second larger firm for the 2 following unsatisfactory examinations. In October 2017, a year after the first examination began KMYAC were placed under special administration which has been extended twice. The examiners, special administrators, and independent auditors appointed by ORIC have reported a lack of financial information supplied by KMYAC (11(a), 13).  Reports from the special administrators and financial auditors strongly suggest that on May 18, 2018 when the third period of special administration finishes KMYAC will be insolvent (11(a), 13). It seems there is no money for JEL even if they are successful.

 

The origins of Juru Enterprises Limited

JEL were created as a company in 2012 to “implement” an ILUA QI2011/063 made with North Queensland Bulk Ports (NQBP) in 2011 (20, 2). JEL did not exist until shortly before the this ILUA was registered (21). Here’s a quote from the North Queensland Land Council 2012/13 annual report.

The Juru People authorised the ILUA on 13 August 2011 at Bowen and the ILUA was registered on 12 May 2012. Juru Enterprises Ltd (JEL) was established in April 2012 to implement the ILUA and NQLC continue to assist JEL in these activities.

The Juru People were assisted in making the ILUA with NQBP by the NQLC who also assisted them in making another ILUA in 2013 QI2013/036 (3).  The Adani – Abbot Point ILUA covers part of Abbot Point and was made with JEL as the applicant. The earlier ILUA was made by a group of Juru claim group members represented by the NQLC. KMYAC, who at that stage had been a Registered Native Title Body Corporate (RNTBC) with ORIC for more than a year, were not a party to this agreement (5). The NQLC certified both agreements acting as the Native Title Representative Body (NTRB).

In 2014 Juru Enterprises Limited (JEL) were assisted to set up a head office on Lot 8 West St, Bowen by the Whitsunday Shire Council and the Department of State Development (DSD) who owned the land on which the JEL head office now stands (8, 22). In a previous blog post I explained how JEL have been involved in meetings with Adani representatives and other contractors (18). It’s fair to say that the Whitsunday Shire Council, the Queensland Coordinator General, and the North Queensland Land Council working with Adani and North Queensland Bulk Ports have helped Juru Enterprises Limited come into being.

 

After the big determination

In his “REASONS FOR JUDGEMENT” as part of the [2014] FCA 736, determination of  native title for Federal Court file number QUD 554 of 2010, Justice Steven Rares ported some rights and interests in native title matters from JEL to KMYAC “on trust” (23).

Determination that native title is to be held on trust

32 The Juru people should understand that some very significant native title rights and interests to which the claim group is entitled are not presently to be held on trust for it by Kyburra Munda Yalga Aboriginal Corporation. Those rights and interests are covered by two indigenous land use agreements. One of those agreements was entered into by the original applicant in these proceedings and Adani Abbot Point Terminal Pty Ltd, Adani Abbot Point Terminal Holdings Pty Ltd, Mundra Port Holdings Pty Ltd and Mundra Port Pty Ltd, which are developing a large coal mine and the Abbot Point facilities.

On October 26, 2015 in a response to a 14 point submission regarding the Abbot Point Growth Gateway Project (APGGP) from an unnamed Juru Traditional Owner who argued in point 7 that “agreements with Kyburra that are binding on the Juru common law holders are null and void”, the DSD stated that the rights and interests in Native Title in relation to cultural heritage management for Abbot Point lay with KMYAC for “the project”, and “[KMYAC] is the appropriate party to enter into such an agreement under the Aboriginal Cultural Heritage Act 2003”. In another statement responding to point 2 from the same submission the DSD stated that “duty of care” in relation to procedures under a Cultural Heritage Management Plan (CHMP) as part of an ILUA made with “the Juru People Native Title claimants, JEL (as the Juru Nominated Body)” under the Aboriginal Cultural Heritage Act 2003 was “in compliance” (24).

Another document from the same date and tranche of APGGP EIS publications titled ‘Abbot Point Growth Gateway Project Environmental Impact Statement Volume 4 – Supplement Report’ provides an “editorial correction” to the executive summary document created on August 17, 2015 (25, 26). The correction strikes through text indicating that KMYAC are the Juru body with which “the proponent intends to develop a cultural heritage management agreement”. Here’s the complete text:

5.4 Editorial corrections
Volume 1 – Executive Summary: Section 3 ‘Native Title and Cultural Heritage’

“The Juru People hold non-exclusive native title rights and interests in land and waters within the Port of Abbot Point and the Abbot Point State Development Area.

(struck through) In accordance with the Aboriginal Cultural Heritage Act 2003, as registered native title holder, the Juru People have special legal status as the primary party in charge of Aboriginal cultural heritage within the boundaries of the registered native title determination. Therefore, the proponent intends to develop a cultural heritage management agreement with Kyburra Munda Yalga Aboriginal Corporation to identify and manage any project impact on Aboriginal cultural heritage values in both onshore and offshore areas. The engagement process has already been initiated and is ongoing.

The Native Title determination is subject to a suite of tenures and Indigenous Land
Use Agreements (ILUAs) that deal with development at Abbot Point and in the APSDA. This includes the Port of Abbot Point and APSDA ILUA (QI2011/063). The parties to this ILUA are the Juru People, the State of Queensland, NQBP, the Coordinator General and Juru Enterprises Limited. It also includes the Juru People and Adani Abbot Point Terminal ILUA (QI2013/036)”

I’m no legal expert, but it seems unclear if the rights and interests over native title relating to the ILUA made by the Juru People with North Queensland Bulk Ports Corporation (QI2011/063) are held by Kyburra Munda Yalga Aboriginal Corporation RNTBC (KMYAC). This ILUA was signed after KMYAC was incorporated on July 5, 2011 and registered after KMYAC was registered with ORIC as an RNTBC on March 6, 2012 (4, 5).

It is clear that the DSD changed it’s position between August 13, 2015 when the APGGP executive summary was created and October 26, 2015 when the tranche of supplementary documents were created.

The May 24 hearing may provide clarity on issues of who has rights and interests under Native Title at Abbot Point and issues relating to the state of KMYAC finances.

 

The final hearing

After a fair bit of research on how to attend Federal Court – Queensland Registry hearings I was able to convince a friend and erstwhile native title expert to attend the February 8, 2018 case management hearing in preparation for a final hearing in Brisbane on May 24, 2018. My friend reports that a figure of 1.6 million was mentioned during the very fast-paced proceedings. My friend also noted that there was another unrelated matter heard in the same sitting involving financial mismanagement of an Indigenous corporation that left both of us asking “how many other cases of corporate failure end up in court?”.

I would note that the National Native Title Tribunal are not monitoring these proceedings. My conversations with the NNTT were confusing and I was not able to determine which organisation might be interested in monitoring and reporting on these proceedings.

The only acknowledgment of the upcoming court hearing by the regulator, the Office of the Registrar of Indigenous Corporations (ORIC), was in a special administration ‘newsletter’ in April, 2018 (11(c)). Here’s a quote from the newsletter.

Federal Court matter—JEL vs Adani and KMYAC QUD244/2017 This matter is still progressing in the Federal Court. On 8 February 2018 at a case management hearing, the Court ordered various documents and pleadings to be filed by specified dates. A trial date of 24 May 2018 has been set. We have been able to obtain funding from the Department of the Prime Minister and Cabinet (via NQLC) so that KMYAC can receive legal advice and be represented in relation to this matter. A barrister has been briefed, and we have engaged a new lawyer. They are advising us on what KMYAC should do to achieve the best outcome in this matter.

ORIC have a stated interest in reducing corporate failure. They shared positive figures in November 2017, shortly after KMYAC was placed into special administration (27). They have not commissioned a report into corporate failure since 2010 (28).

 

The former KMYAC director and the NQLC

The North Queensland Land Council has a relationship with both JEL and KMYAC. It has done it’s job under the native title system to assist the Juru People to make claims and agreements. But anyone looking at the political and economic reality of the developments at Abbot Point and on the Adani rail corridor ought to be concerned about the fact that the former director of KMYAC is also a director of the NQLC and responsible for the Townsville Ward which covers Abbot Point. The former director of KMYAC is associated with multiple instances of financial mismanagement of Aboriginal and Torres Straight Islander (ATSI) organisations in the Townsville area. If this person was convicted in any one of those instances they would not qualify to hold the position of director in the NQLC. Here’s a quote from the fact sheet titled ‘What it means to be an NQLC director’.  (29)

You are disqualified from election to the board under the CATSI Act if you are a person who:

Conviction

Section 1
(a) is convicted on indictment of an offence that: i. concerns the making, or participation in making, of decisions that affect the whole or a substantial part of the business of an Aboriginal and Torres Strait Islander corporation; or ii. concerns an act that has the capacity to affect significantly the financial standing of an Aboriginal and Torres Strait Islander corporation; or (b) is convicted of an offence that: i. is a contravention of this Act and is punishable by imprisonment for a period greater than 12 months; or ii. Involves dishonesty and is punishable by imprisonment for at least 3 months; or

The former director may also lose their position as an NQLC director in the event of KMYAC insolvency.

You are disqualified by the Head Agreement for Indigenous
Grants and the Project Schedule thereto for general grants
for native title representative bodies and service providers
if:

[ ]

Is or was a director or occupied an influential position
in the management or financial administration
that had failed to comply with funding or grant
requirements of the Commonwealth, the Aboriginal
and Torres Strait Island Commission or its
predecessors

The North Queensland Land Council are responsible for guidance and legal support for Aboriginal corporations, claim groups, and other entities to make Indigenous land use agreements with governments and corporations. That means they are extensively involved in appointing everyone from anthropologists to legal counsel. The strength of connection between the NQLC and the KMYAC director is very problematic and ought to be given some serious scrutiny.

Anyone looking at the role of the North Queensland Land Council in the political economy of North Queensland in relation to mining and infrastructure development ought to read the series of recent articles in the Townsville Bulletin written by Clare Armstrong outlining the anger and sorrow at the financial mismanagement of KMYAC at the recent AGM and the subsequent fallout (10). The articles written for the Townsville Bulletin in 2016 and 2017 by Samantha Healy contain important testimony from Carol Prior. My blog post titled ‘Do you want Indigenous autonomy and to stop Adani?’ is also useful reading (18).

 

PS. The briefing document below is a detailed set of references and links for the this blog post. It is a modified version of the briefing I send to interested persons.

 

JEL, KMYAC, and the state of play: Briefing Document 2

By Michael Swifte

JEL (Juru Enterprises Limited) KMYAC (Kyburra Munda Yalga Aboriginal Corporation) RNTBC (Registered Native Title Body Corporate) ILUA (Indigenous Land Use Agreement) ORIC (Office of the Registrar of Indigenous Corporations) NNTT (National Native Title Tribunal) NQLC (North Queensland Land Council) DSD (Department of State Development) NTRB (Native Title Representative Body) NQBP (North Queensland Bulk Ports) CHMP (Cultural Heritage Management Plan) ATSI (Aboriginal and Torres Straight Islander) APGGP (Abbot Point Growth Gateway Project)

This briefing has been prepared in anticipation of the Federal Court hearing QUD244/2017 set for May 24, 2018 in Brisbane. The proceedings have been brought by Juru Enterprises Limited to determine the appropriate distribution of funds from Adani to one of two organisations representing the Juru People relating to ILUAs made with Adani by two organisations, JEL and KMYAC. Quotes and references have been collected to provide political and economic context to the proceedings on May 24. A key component of context here is the apparent corporate failure of KMYAC who have been under ‘special administration’ by ORIC since October 2017. My conversations with NNTT staff in early February 2018 indicated that they are not tracking this case.

 

JEL and KMYAC, ILUAs with Adani, KMYAC is the Juru RNTBC

1. Koori Mail October 9, 2013: Correction notice.

Juru Enterprises Ltd listed as ILUA “applicant”, NNTT Number: QI2013/036

http://aiatsis.gov.au/sites/default/files/docs/digitised_collections/the_koori_mail/561.pdf

2. North Queensland Land Council 2012/13 annual report

Juru People – Port of Abbot Point and State Development Area ILUA An ILUA to facilitate the expansion of the Abbot Point Port and State Development Area was negotiated by the Juru People, North Queensland Bulk Ports and the Co-ordinator General. The Juru People authorised the ILUA on 13 August 2011 at Bowen and the ILUA was registered on 12 May 2012. Juru Enterprises Ltd (JEL) was established in April 2012 to implement the ILUA and NQLC continue to assist JEL in these activities.

https://nqlc.com.au/files/7114/4549/3755/NQLC-AR-201213.pdf

3. Juru Enterprises Ltd as the “applicant” in the NNTT extract of ILUA QI2013/036

c/- Applicant, Juru Enterprises Ltd PO Box 748

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2013/QI2013.036/ILUARegisterExport.pdf

4. An AIATSIS summary document indicating that KMYAC was incorporated on 05/07/2011

http://nativetitle.org.au/PDFs/QLD_Kyburra_Munda_Yalga.pdf

5. KMYAC was registered with ORIC as an RNTBC on 06/03/2012

Certificate of Registration of Kyburra Munda Yalga Aboriginal Corporation RNTBC (March 2012)

http://register.oric.gov.au/document.aspx?concernID=2035210

6. Extract from Register of Indigenous Land Use Agreements. NNTT Number QI2014/072

Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project ILUA

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2014/QI2014.072/ILUARegisterExport.pdf

7. An Adani EIS document from October 2012 where “Juru Enterprises Ltd” are listed as the contact for Juru people in consultations over Abbot Point developments.

All those involved in the consultation process from the Juru people were contacted through Juru Enterprises Ltd.

http://s3-ap-southeast-2.amazonaws.com/adani/pdf/eisdoc_e11-indigenous-social-and-economic-impact-assessment.pdf

8. Whitsunday Regional Council meeting notice containing a proposal that a head office be set up for Juru Enterprises Ltd with help from the Coordinator General of the Queensland Department of State Development.

PROPOSAL The purpose of the proposal is to develop an appropriate head office for Juru Enterprises Ltd where the business of land care and pest management will be provided. The Office of the Coordinator General has engaged Juru Enterprises Ltd to undertake land care and pest management as per an Indigenous Land Use Agreement (ILUA) for the Port of Abbot Point State Development Area. In order for Juru Enterprises Ltd to operate and establish a business, the West Street property (Lot 8 SP257305) owned by the Office of the Coordinator General, has been nominated for the development. Ranbury Management Group is acting as Project Managers for the Office of the Coordinator General to establish this project.

https://www.whitsunday.qld.gov.au/DocumentCenter/View/556

9. The Queensland Department of State Development Annual Report 2016/17 mentions Juru Enterprises Ltd in relation to the Abbot Point State Development Area.

Work is also continuing with the local native title group, through Juru Enterprises Limited, to provide further skills and capacity building while undertaking land management activities within the Abbot Point SDA.

https://www.statedevelopment.qld.gov.au/resources/publication/annual-report/dsd-annual-report-2016-17-part-06.pdf

 

KMYAC Under Special Administration

10. Townsville Bulletin article March 22, 2018. ‘Anger building as meeting reveals Kyburra paid cash to people wanting to avoid Centrelink‘.

CLARE ARMSTRONG, Townsville Bulletin. March 22, 2018

MEMBERS of an embattled Townsville indigenous corporation are angry about its management after discovering millions in undeclared revenue.

Emotions ran high at the Kyburra Munda Yalga Aboriginal Corp AGM in Bowen as many attendees expressed their dismay at the finances of the organisation, which is now under special administration.

Kyburra was incorporated in 2011 to represent the Juru people. The Bulletin revealed last month directors failed to declare about $1.8 million in revenue between 2014 and 2017.

The Office of the Registrar of indigenous Corporations (ORIC) found more than 70 potential breaches of the Corporations (Aboriginal and Torres Strait Islander) Act (CATSI), including that $205,828.76 in payments from July 2014 to March 2017 were unaccounted for.

At the AGM, former Kyburra bookkeeper Evelyn Lymburner said “everything was done by the books” but admitted the cash payments were at the request of members conducting cultural heritage work.

They said ‘no, we want the cash over the counter because we don’t want it to go to Centrelink, we’ve got debits on our accounts’,” she said. “So we gave the cash. I know we shouldn’t have done that, but that’s how it was done.”

Ms Lymburner said directors had “found a clause” saying there was no requirement to pay tax on such payments.

I don’t know how far the audit’s got to go back … because we might have to pay tax on them all,” she said.

There’s millions of dollars that have gone through, how did we end up $150,000 in debt, why should we have to sell our freehold land (to cover that),” one member yelled.

An elder asked why bursaries had not been granted.

What about the students that want training and what about all Juru people … they don’t know anything that’s going on,” she said.

ORIC examiners had also raised concerns that directors were paid thousands in “attendance and negotiation fees” in breach of the CATSI Act.

Ex-director Jenny Pryor said the North Queensland Land Council (NQLC) and a rule in Kyburra’s constitution allowed for the payments.

The Bulletin has confirmed Kyburra’s constitution does not allow for the payments and the rule referred to by Ms P.ryor is not yet in effect.

NQLC chief executive Stephen Ducksbury said “at no time” were Kyburra directors told they were entitled to be paid fees, but it was “standard practice” that traditional owners could be paid to participate in Native Title negotiations.

Subscriber only

https://www.townsvillebulletin.com.au/news/townsville/anger-building-as-meeting-reveals-kyburra-paid-cash-to-people-wanting-to-avoid-centrelink/news-story/7096bbeb4c4a2998bedaa1824e4da0eb

11(a) On April 5, 2018 ORIC published a Special Administration Newsletter for KMYAC which has some alarming assessments.

As you can see KYMAC is in a serious financial position. Finding bail-out monies to pay the debts is proving very difficult. We have spoken to government and to various proponents to ask if they can help. Everyone we have asked for help has told us that they cannot provide any money.

And,

If we cannot get any money to repay the bills then KMYAC will have to go into liquidation. If this happens, the native title land that has been returned to the Juru people by Federal Court will remain with the Juru people however it will be necessary to set up a new prescribed body corporate (PBC) to look after and manage the native title. The financial situation is very serious. We are working hard to find a solution, so far without success. There is a real possibility that KYMAC may need to go into liquidation at the end of the special administration. We are working with ORIC to end the special administration as soon as possible, however a further extension may be required to allow enough time for the appointment of a new board or a liquidator.

11(b) The April 5, 2018 ORIC Special Administration Newsletter for KMYAC also has a table of unpaid debts which is also alarming.

Unpaid debts as at 12 April 2018 Staff wages 2017 $15,679 Staff superannuation and penalties 2014–17 $44,071 GST and PAYG $92,109 Rent $12,985 Legal and accounting fees $17,211 Other $2,329 Total amounts payable $184,384 Less available funds $16,130 Estimated shortfall $168,254

11(c) The upcoming Federal Court case is mentioned including mention of Department of Prime Minister and Cabinet funding for legal expenses.

Federal Court matter—JEL vs Adani and KMYAC QUD244/2017 This matter is still progressing in the Federal Court. On 8 February 2018 at a case management hearing, the Court ordered various documents and pleadings to be filed by specified dates. A trial date of 24 May 2018 has been set. We have been able to obtain funding from the Department of the Prime Minister and Cabinet (via NQLC) so that KMYAC can receive legal advice and be represented in relation to this matter. A barrister has been briefed, and we have engaged a new lawyer. They are advising us on what KMYAC should do to achieve the best outcome in this matter.

11(d) Under the subject “Other native title issues” there is mention of “the rail corridor”.

We have held discussions with Adani about the proposed rail corridor and other sites in the Abbot Point area. We have requested further meetings with Adani representatives, so that members of the advisory group, and elders can get a better understanding of the existing agreements, the path of the rail corridor, Adani’s requirements, and advise Adani of any concerns of the Juru people.

Kyburra Munda Yalga Aboriginal Corporation RNTBC – Special Administration Newsletter (April 2018)

http://register.oric.gov.au/document.aspx?concernID=2035210

12. On April 20, 2018 ORIC extended special administration for the second time. New date the end of special administration is May 18, 2018.

AND TAKE NOTICE THAT: 1. Under subsection 487-15(1) of the CATSI Act, I, Kevin Vu, a delegate of the Registrar extend the period of the special administration of the corporation until 11:59pm (AEST) on Friday, 18 May 2018. 2. Under subsection 490-5(2) of the CATSI Act, I appoint Mr Gerry Mier and Mr Tony Jonsson as the joint and several special administrators for the period of the special administration. Dated this 20th day of April 2018

Section 487-1 Determination and Section 490-1 Instrument of Appointment

http://register.oric.gov.au/document.aspx?concernID=2035210

13. From the ORIC audited financial statement for 2016/17. The below quote follows multiple mentions of “insufficient supporting documentation”.

Emphasis of Matter Inherent Uncertainty as to Going Concern

We draw attention to Note 2 in the financial report which indicates that the corporation incurred a net surplus of $105,623 during the year ended 30 June 2017, but despite this, the Corporations current liabilities exceeded its total assets by $10,670 due to historical losses. These conditions, along with other matters as set forth in Note 2, indicate the existence of a material uncertainty that may cast significant doubt about the corporations’ ability to continue as a going concern and therefore the entity may be unable to realise its assets and discharge its liabilities in the normal course of business.

Audited financial statements – 30 June 2017

http://register.oric.gov.au/document.aspx?concernID=2035210

14. Three audited financial statements prepared for KMYAC under special administration provide revenue figures relating to Adani covering the 2014/15, 2015/16, and 2016/17 financial years.

Revenue from North Galilee Basin Rail Project (NGBR) – $140,872

Revenue from Adani Mining Pty Ltd – $395,380

Revenue from combined NGBR and Adani Mining Pty Ltd (NGBR proponent) – $536,252

Revenue from Abbot Point/port/bulk coal – $302, 735

Total revenue from Adani entities -$838, 987

Audited financial statements – 30 June 2017, 30 June 2016, and 30 June 2017.

http://register.oric.gov.au/document.aspx?concernID=2035210

 

JEL vs Adani and KMYAC in Federal Court

15. ‘Juru missed out on $1m from Adani: court’ by Geoff Egan, The Morning Bulletin.

Juru Enterprise has taken Adani and Kyburra Munda Yalga Aboriginal Corporation to the Federal Court claiming Kyburra did not have approval to replace Juru under an Indigenous Land Use Agreement amendment.

https://www.themorningbulletin.com.au/news/juru-missed-out-on-1m-from-adani-court/3184689/

16. Federal Court documents for a final hearing with Justice Rares on May 24 in Brisbane. Mediation hearings have preceded this hearing. Proceedings relate to a reported 1.6 million AUD in disputed revenue.

JURU ENTERPRISE LIMITED Applicant ADANI AUSTRALIA COMPANY PTY LTD ABN 87 163 221 609 AS TRUSTEE OF ADANI AUSTRALIA HOLDING TRUST and another named in the schedule Respondent

Second Respondent KYBURRA MUNDA YALGA ABORIGINAL CORPORATION RNTBC

The proceeding be fixed for final hearing on 24 May 2018 at 9.30am in Brisbane.

(accessed 23/04/18)

https://www.comcourts.gov.au/file/Federal/P/QUD244/2017/3789232/event/29191598/document/1114116

17. Federal Court of Australia, Queensland Registry portal. Number: QUD244/2017

Court 5 Level 7 Harry Gibbs Commonwealth Law Courts

https://www.comcourts.gov.au/file/Federal/P/QUD244/2017/actions

 

Further context on my blog We Suspect Silence.

18. The most relevant of my blog posts looks into the business and networks of JEL and KMYAC.

Do you want Indigenous autonomy and to stop Adani?

https://wesuspectsilence.wordpress.com/2017/09/25/do-you-want-indigenous-autonomy-and-to-stop-adani/
19. My submission to Reforms to the Native Title Act 1993 provides in depth detail about the ILUA making process and the role of the NNTT.

Aboriginal Autonomy and the Galilee Basin Coal Complex

https://wesuspectsilence.wordpress.com/2018/03/10/aboriginal-autonomy-and-the-galilee-basin-coal-complex/

 

Supplementary references

20. Port of Abbot Point and Abbot Point State Development Area ILUA. QI2011/063

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2011/QI2011.063/ILUARegisterExport.pdf

21. ASIC Company Info – Juru Enterprises Limited.

Incorporated April 3, 2012

https://www.asiccompany.info/australian?utm_term=Juru-enterprises-limited&utm_source=157951203

22. JEL head office

8 West St, Bowen QLD 4805

http://www.juruenterprises.com.au/contact.html

23. Lampton on behalf of the Juru People v State of Queensland [2014] FCA 736 (11 July 2014)

Determination that native title is to be held on trust

[ ]

32 The Juru people should understand that some very significant native title rights and interests to which the claim group is entitled are not presently to be held on trust for it by Kyburra Munda Yalga Aboriginal Corporation. Those rights and interests are covered by two indigenous land use agreements. One of those agreements was entered into by the original applicant in these proceedings and Adani Abbot Point Terminal Pty Ltd, Adani Abbot Point Terminal Holdings Pty Ltd, Mundra Port Holdings Pty Ltd and Mundra Port Pty Ltd, which are developing a large coal mine and the Abbot Point facilities.

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2014/736.html?stem=0&synonyms=0&query=title(Lampton%20on%20behalf%20of%20the%20Juru%20People%20and%20State%20of%20Queensland%20)

24. Appendix A: Detailed Submission Responses – Abbot Point Growth Gateway. October 26, 2015

Traditional Owner Submission

2. The current Cultural Heritage Management Plan (CHMP) between Juru Enterprises Limited (JEL), NQBP and the Coordinator General has not been efficient thus far in the identification of and preservation of the Eastern Dune System (Abbot Point Beach), Dingo Beach and Shark Bay. The current measures do not protect these areas enough as they are currently not registered as Significant Aboriginal Areas as they should be, and minimum buffer zones of 50m need to be enforced to maximise protection

Response

Potential impacts on Aboriginal cultural heritage in undertaking the Project have been managed under the cultural heritage management procedures in the Port of Abbot Point and Abbot Point State Development Area Indigenous Land Use Agreement QI2011/063 (Abbot Point ILUA). The parties to the Abbot Point ILUA are the Juru People Native Title claimants, JEL (as the Juru Nominated Body), the State of Queensland, NQBP and the Coordinator-General. Compliance with the cultural heritage management procedures in the Abbot Point ILUA satisfies the cultural heritage duty of care under the Aboriginal Cultural Heritage Act 2003.

and

7. In application of Section 58(a) of the Native Title Act 1993, due to Kyburra only holding Juru people’s Native Title in trust, Kyburra cannot act as agent or representative of the Juru common law holders and cannot enter into agreements binding them. Therefore any agreements with Kyburra that are binding on the Juru common law holders are null and void.

Response

The Queensland DSD entered into an agreement with Kyburra Munda Yalga Aboriginal Corporation (Kyburra) in relation to the management of cultural heritage for initial geotechnical site investigations for the Project. Kyburra, as the registered Native Title body corporate for the Juru Native Title determination at Abbot Point (QUD554/2010), is the appropriate party to enter into such an agreement under the Aboriginal Cultural Heritage Act 2003, as the project area is within the external boundaries of the Juru Native Title determination.

https://www.statedevelopment.qld.gov.au/resources/project/abbot-point-apx/supplement-report-appendices-part2.pdf

25. Abbot Point Growth Gateway Project Environmental Impact Statement Volume 4 – Supplement Report

5.4 Editorial corrections
Volume 1 – Executive Summary: Section 3 ‘Native Title and Cultural Heritage’


“The Juru People hold non-exclusive native title rights and interests in land and waters within the Port of Abbot Point and the Abbot Point State Development Area.


(struck through) In accordance with the Aboriginal Cultural Heritage Act 2003, as registered native title holder, the Juru People have special legal status as the primary party in charge of Aboriginal cultural heritage within the boundaries of the registered native title determination. Therefore, the proponent intends to develop a cultural heritage management agreement with Kyburra Munda Yalga Aboriginal Corporation to identify and manage any project impact on Aboriginal cultural heritage values in both onshore and offshore areas. The engagement process has already been initiated and is ongoing.


The Native Title determination is subject to a suite of tenures and Indigenous Land
Use Agreements (ILUAs) that deal with development at Abbot Point and in the APSDA. This includes the Port of Abbot Point and APSDA ILUA (QI2011/063). The parties to this ILUA are the Juru People, the State of Queensland, NQBP, the Coordinator General and Juru Enterprises Limited. It also includes the Juru People and Adani Abbot Point Terminal ILUA (QI2013/036)”

https://www.statedevelopment.qld.gov.au/resources/project/abbot-point-apx/supplement-report-part1.pdf

26. Abbot Point Growth Gateway Project Environmental Impact Statement Volume 1 – Executive Summary 17 August 2015

Section 3 Native Title and Cultural Heritage

The Juru People hold non-exclusive native title rights and interests in land and waters within the Port of Abbot Point and the Abbot Point State Development Area. The Juru people are represented by the Kyburra Munda Yalga Aboriginal Corporation. In accordance with the Aboriginal Cultural Heritage Act 2003, as registered native title holder, the Juru People have special legal status as the primary party in charge of Aboriginal cultural heritage within the boundaries of the registered native title determination. Therefore, the proponent intends to develop a cultural heritage management agreement with Kyburra Munda Yalga Aboriginal Corporation to identify and manage any project impact on Aboriginal cultural heritage values in both onshore and offshore areas. The engagement process has already been initiated and is ongoing.

https://www.statedevelopment.qld.gov.au/resources/project/abbot-point-apx/abbot-pt-eis-vol-01-exec-summary.pdf

27. ORIC – Registrar’s Year in Review

Aboriginal and Torres Strait Islander corporations are less likely to fail than mainstream corporations. In 2016–17 not a single corporation was placed into liquidation, receivership or voluntary administration—that’s 0 per cent.

http://www.oric.gov.au/publications/yearbook-section/registrars-year-review

28. ORIC: ‘Analysing key characteristics in Indigenous corporate failure’ by Dr James Swansson

http://www.oric.gov.au/publications/other-report/analysing-key-characteristics-indigenous-corporate-failure

29. What it means to be an NQLC director

You are disqualified from election to the board under the CATSI Act if you are a person who:

Conviction

Section 1
(a) is convicted on indictment of an offence that: i. concerns the making, or participation in making, of decisions that affect the whole or a substantial part of the business of an Aboriginal and Torres Strait Islander corporation; or ii. concerns an act that has the capacity to affect significantly the financial standing of an Aboriginal and Torres Strait Islander corporation; or (b) is convicted of an offence that: i. is a contravention of this Act and is punishable by imprisonment for a period greater than 12 months; or ii. Involves dishonesty and is punishable by imprisonment for at least 3 months; or

and

You are disqualified by the Head Agreement for Indigenous
Grants and the Project Schedule thereto for general grants
for native title representative bodies and service providers
if:

[ ]

Is or was a director or occupied an influential position
in the management or financial administration
that had failed to comply with funding or grant
requirements of the Commonwealth, the Aboriginal
and Torres Strait Island Commission or its
predecessors

http://nqlc.com.au/files/1715/0207/4463/20170807-factsheet_nqlc-director-V1.0.pdf

 

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Podesta’s Aussie Players: Why the climate movement misunderstands “clean energy”

In my November 2016 post titled “Clean Energy” is a Dirty Joke I explained how the development of carbon capture and storage has been helped along by a global group of leaders working under the banner of “clean energy”.

“There is a global group called the Clean Energy Ministerial (CEM) which holds forums, events and discussions for energy ministers and secretaries. Within this arrangement there is the Carbon Sequestration Leadership Forum, this is where the real “clean energy” action happens.”

Martin Ferguson attended these forums when he was resources minister. He also launched the project which he now chairs called CO2-CRC which is currently pumping CO2 under the Otway Ranges.

The term “clean energy” has been promulgated by the agents of financial elites since at least 2006 when the Clinton Global Initiative – Annual Meeting hosted a two-part panel discussion, moderated by John Podesta and titled ‘Energy and Climate Change: Financing Clean Energy’. The first portion of the panel discussion was titled ‘Clean Energy Investment Boom’ and featured Goldman Sachs economist Abby Joseph Cohen, venture capitalist John Doerr, and carbon trader extraordinaire John Paul Moscarella.

The ClimateWorks Foundation is John Podesta’s baby. He developed its networks into political and financial elite circles including the think tank, the Center for Strategic and International Studies who in 2007 published a report titled ‘The Age of Consequences” in which Podesta coauthored a section with his colleague at the Center for American Progress Peter Ogden titled ‘Security Implications of Climate Scenario 1: Expected Climate Change Over Next 30 Years’.

“Rather, the question is whether coal will continue to be a driver of climate change or if the development and implementation of clean coal and, in particular, carbon dioxide capture and storage (CCS) technology can make it a viable fuel source in a carbon-constrained economy. A 2007 MIT study, “The Future of Coal,” found that, in spite of the lead times involved, CCS technology can in fact be deployed on a wide enough scale to reduce significantly the carbon emissions from coal-fired power plants by 2050, though only if a global carbon emissions restriction or tax is in place and near-term government investment in R&D is increased.”

Earlier in 2007 the Climateworks Foundation published a report titled ‘DESIGN TO WIN PHILANTHROPY’S ROLE IN THE FIGHT AGAINST GLOBAL WARMING’. In the section titled ‘Dethroning King Coal’ we find a planned capitulation to the might of coal – if only we can find a way to sequester the CO2.

“Reduce emissions from unavoidable coal through carbon capture and sequestration (CCS). Even under the sunniest of scenarios, efficiency gains and expanded use of alternative energy sources won’t displace enough coal in the next two decades to forestall catastrophic climate change, so we must find a way to separate CO2 emissions from coal plants and store them beneath the earth. CCS, which remains in its infancy, deserves a critical push from philanthropy so that it can be rapidly deployed where demand for coal power is the greatest.”

 

Who are Podesta’s players?

Anna Skarbek is the CEO of ClimateWorks Australia and board member of the Clean Energy Finance Corporation. In her 2014 article written for The Conversation titled ‘Direct Action’s here, but how will Australia cut carbon after 2020?’ she echoed the broad vision articulated by John Podesta in 2007. You can see her extensive networks here.

“Alternatively, a mix of renewables, carbon capture and storage and/or nuclear could be used. This low carbon electricity could then replace petrol and diesel in cars and passenger transport and replace gas used for cooking, heating and cooling buildings. Gas would be used in trucks replacing diesel, and gas would be the main fossil fuel used in industry. Some of this can be shifted to bioenergy or sequestered with carbon capture and storage, and the rest sequestered with carbon forestry.”

In the disclosure statement Skarbek reveals at least one very hawkish financial supporter.

“Anna Skarbek works for ClimateWorks which is funded by philanthropy and Monash University. Additional funding was received for the Deep Decarbonisation Pathways Project from ARENA, Accenture, the Global Carbon Capture and Storage Institute, TransGrid and the Mullum Trust.”

The Global Carbon Capture and Storage Institute is an unabashed supporter of all new carbon capture and storage projects especially coal and enhanced oil recovery projects. This organisation is based in Australia and is the acknowledged leader in supporting the development of carbon capture and storage globally.

In 2016 Skarbek was invited by the Australian Conservation Foundation (ACF) to join its ‘Leadership Forum on Energy Transition for Australia’ along with 2 members of the Clean Energy Finance Corporation. The forum was charged with developing a “blueprint for energy transition”, and very much like the Australian Renewable Energy Agency the plan is to manage the “transition”. The kind of transition Skarbek advocates requires a decades long (minimum) phase of transition in order to develop the necessary renewables.  This transition phase would be comprised of a massive growth in ‘clean coal’, “clean gas”, industrial CCS for oil refineries and CO2 utilization projects, CO2 enhanced oil recovery, biomass (wood chip) burning, deep-sea storage, and saline aquifer storage.

The ACF are the current lead agency in the #StopAdani coalition. This puts them squarely in the field of climate activism. It is only possible for ACF to support the development of a blueprint that will influence the Clean Energy Finance Corporation because ACF and their allies in the climate movement do not acknowledge the reality of “clean energy”.

John Hepburn is the founder and executive director of the Sunrise Project, he is also a coauthor of the 2010 impact funded climate activism plan called ‘Stopping the Australian Coal Export Boom’. The Sunrise Project is funded by a collection of foundations lead by the Sandler Foundation and specialist impact funders all connected to John Podesta and the ClimateWorks Foundation. Email exchanges between Hepburn and various Sandler Foundation officials revealed in the Wikileaks Podesta Emails show a high commitment to masking the source of funding for the Sunrise Project which seems to be the real strategic centre of climate activism. In an email to Sandler Foundation colleagues that was forwarded to John Podesta, Hepburn’s contact Sergio Knaebel made this investor like statement about the Sunrise Project.

“I’m starting to think that our high tolerance for risk on this project is paying off!”

https://wikileaks.org/podesta-emails/emailid/13538

In another email that passed through Human Rights Watch director Ken Roth, and philanthropist and former banker Herbert Sandler before it found its way to Podesta, Hepburn explains in colourful terms how much he would like to not reveal the organisation’s funding.

“4. If I refuse, the maximum penalty is 6 months in jail. If I didn’t have children I’d be happy to tell them where to go (on principle) but it isn’t really an option;

5. This potentially creates a situation where we may need to disclose our funding and grant agreements;”

https://wikileaks.org/podesta-emails/emailid/18938

 

Calling the shots.

In my November 2016 post titled “Clean Energy” is a Dirty Joke I described “clean energy” like this:

““Clean Energy” is a rhetorical device of unprecedented scope. A poorly defined but effective shield for any pundit, mouthpiece or messaging agent to use when speaking of a seemingly uncertain energy future.”

Yesterday’s statements by Australian Energy Minister Josh Frydenberg reveal just how crucial our perception and understanding of “clean energy” is in manufacturing consent for carbon capture and storage. This statement by the Frydenberg is the most telling.

“The CEFC is after all not the renewable energy finance corporation, but one that is explicitly encouraged under part six of the Act to also invest in energy efficiency and low emission alternatives.”

Yes, “clean energy” is not the same as renewable energy. They are not interchangeable terms, but you could be forgiven for thinking they were. Nobody has taken it upon themselves to explain the difference because there is no gain to be made from doing so. The climate movement in its various forms have no interest in revealing the pre-emptive capitulations of those who make high level funding decisions. John Podesta sits at the wellspring of funding for climate activism and the political will for clean energy finance, and has done so for more than a decade. The sooner we can recognise and sideline the organisations and players he has helped install the sooner we can begin to seriously fight the development of the Galilee basin.

Compromised Primary Sources and the Galilee Basin Shell Game

I went to the State Library of Queensland the other night after speaking with a lawyer from the Environmental Defenders Office Qld. There I used microfiche (for the first time) to scan the article where it was announced to the world that the Northern Australia Infrastructure Facility (NAIF) had given “conditional approval” to a 1 billion loan for North Galilee Basin Rail Project (NGBR). The original article, which appeared on page 15 of the Saturday edition of the Dec 3, 2016 Courier Mail (CM), has all but disappeared from the internet. As the recent NGBR update from EDO Qld states, the media “broadly reported” the news of the NAIF loan. I discussed with the EDO lawyer this aspect of how members of the general public and the media have come to believe, or not be aware, or not believe that the NAIF loan is ‘earmarked’ for the NGBR. The EDO lawyer agreed that the Courier Mail article was a compromised primary source. I went further and argued that the buried nature of the article and it’s absence from the internet made it almost impossible to reference, easy to miss, and very easy to ignore. If the media, activists, and the public are limited from knowledge of a project then they are largely prevented from investigating and analysing the threat posed by that project.
Fast Tracked NGBR

The Courier Mail article buried in page 15 that announced the NAIF-Adani loan to the world

I believe Adani and the state and federal governments are playing a ‘shell game’ with the rail projects in the Galilee Basin. By “shell game” I mean the classic confidence trick with three shells and a pea where distractions and deft movements are used to fleece members of the public. Shell games involve the masking of the most important objective, that the victim should lose track of the position of the pea and a chance at winning. The most important objective – in my reckoning – is ensuring that the North Galilee Basin Rail Project is met with little resistance because it is THE piece of infrastructure that makes the Galilee Basin coal complex possible. This is why I believe that Adani have fused their second rail project, the 189 km east west connection to the existing narrow gauge system in the Bowen Basin, with the coal mine project. By fusing a rail line with the coal mine it creates an appearance that can be readily assumed to be the whole picture. Every time the full name of the Adani mine project is read or written, a rail component is affirmed, and all that is needed to keep a second rail project from interfering with the assumption that the rail project attached to the mine is indeed “the” Adani rail project is to obscure the real rail project, the North Galilee Basin Rail Project.
Shell games require slight of hand. A key component of deception/distraction here is the media and the quality of primary sources. Finding definitive primary sources about the North Galilee Basin Rail Project is extraordinarily difficult. Which is why this buried article which passes on statements made only to the Courier Mail and then telegraphed to the rest of the media is important to understand.
The NGBR update provided on April 18, 2017 by EDO Qld was a response to the information giving requirements of a particular group of clients, most likely environmental NGOs like the Mackay Conservation Group and the Australian Conservation Foundation. It is the first ever statement on the NGBR by EDO Qld. This is significant, EDO Qld provide legal support for their clients, they do not campaign on issues, but rather, they provide legal support for their client’s campaigns.  As such they only publish information in line with the objectives of their clients.
Here’s a link to my crowfunding campaign to disclose a successful RTI request relating to the NGBR from late 2014: https://chuffed.org/project/50920-to-disclose-some-truths-about-adanis-rail-plans

Only a “standard gauge” rail line will deliver the economies of scale to open up the Galilee Basin.

In 2014 David Quinn was the Executive Director of Projects Queensland in Queensland Treasury. He was responsible for all coordinated projects worth more than 50 million AUD.

In a right to information request (RTI) disclosure made to Jeremy Tager at the North Queensland Conservation Council (RTI 493) David Quinn explains how the unspecified Galilee Basin rail project was “standard gauge” and that this was the key to “get the economies of scale”.

There are 2 rail projects proposed by Adani, the North Galilee Basin Rail Project is the one listed as “standard gauge”. It is a greenfield project that will vertically integrate Adani into the Galilee Basin coal complex providing rail infrastructure for several other mines for decades. The other rail project proposed by Adani is part of the Carmichael mine application. It is listed as “dual gauge” and is designed to connect to the existing narrow gauge system.

Here’s the full quote from David Quinn in RTI NQC493:

 “The other issue here is that it is standard gauge which in a Qld sense is bespoke but makes sense for Galilee due to the need to transport the higher tonnages to offset the longer distances to get the economies of scale.

The benefit if it could be realised is the reasons you have previously outlined in that it becomes a vital piece of infrastructure, underwritten by ToP (noting the aversion of miners to this once common contractual arrangement) and that we would not drop a sleeper onto the ground until the Adani’s, GVK’s et are well and truly committed. Certainly a more liquid asset to allow our exit in the future.”

David Quinn NQC493 scale

Adani have a tendency to telegraph their announcements through exclusives with large newspapers like the Courier Mail and India’s Economic Times. It was through a Courier Mail exclusive that we learned about the 1 billion dollar NAIF loan and for which rail project it had been earmarked.

Renee Viellaris in The Courier Mail:

The Northern Australia Infrastructure Facility has ticked off conditional approval for the North Galilee Basin Rail Project and will now undertake more detailed assessments of the project. “

While the Queensland premier was visiting India recently the Economic Times printed part of a statement from Adani. This statement, while widely syndicated across English language media in India, was never picked up in Australia.

Debjoy Sengupta quoting Adani in The Economic Times:

Our vision is to operate a vertically integrated model – with the extraction of coal from our Carmichael Mine, transported by rail to Abbot Point, and exported to meet consumer and business demands in offshore markets. The project will build Australia’s largest thermal coal mine in the north Galilee Basin approximately 160km north-west of Clermont in Central Queensland, linked by a standard gauge North Galilee Basin Rail Line to two terminals at Abbot Point Port near Bowen,”

Why would the media in Australia ignore such a clear statement in favour of a specific piece of infrastructure that is under constant discussion here in Australia? One of the reasons is because they can, because no official media release is publicly available, and because the statement quoted in The Economic Times is a compromised primary source that can be easily ignored.

Either way the Adani quote specifies a “a standard gauge North Galilee Basin Rail Line” for a reason and that reason could well be because they want the market in India to feel confident that they are serious about having a vertically integrated model”. 

My current crowdfunding campaign is about digging up more answers by going back to a successful Qld Treasury RTI disclosure from 2014 on which the processing charge had never been paid. Treasury RTI 488.

RTI requests are all about the particulars of language.

Text of the RTI request:

All documents relating to the announcement on November 17th in relation to the Infrastructure Enabling Agreement, including but not limited to the decision to provide Queensland government funding to facilitate Adani Mining Pty Ltd’s North Galilee Basin Rail project, including correspondence with the Department of Premier and Cabinet, Queensland Treasury, or Adani Mining Pty Ltd, its related entities or agents for the period from 1 September 2014 to 9 December 2014.”

Text of Treasury response:

Decision made. Applicant did not pay the processing charges within required timeframe. Documents available upon payment of the processing charges of $509.20. Please contact the Administrative Review Unit on (07) 3035 1863 or by email rti@treasury.qld.gov.au if you wish to access these documents.”

Here’s a link to my crowdfunding campaign:

https://chuffed.org/project/50920-to-disclose-some-truths-about-adanis-rail-plans

“Clean Energy” is a Dirty Joke

“Clean Energy” is a rhetorical device of unprecedented scope. A poorly defined but effective shield for any pundit, mouthpiece or messaging agent to use when speaking of a seemingly uncertain energy future. “Clean Energy” has given its name to many formal processes, organisations, and campaigns. Our climate leaders use the term when they talk about targets, and renewables, and “low carbon” futures. And for whatever it may signify “clean energy” does have a Wiki page, but (at the time of writing Nov 14, 2016) it is unpopulated and redirects you to the Sustainable Energy Wiki page.

cleanenergy_dirtyjoke_main_small

As someone who is hellbent on finding a way to destroy fossil fools there is one thing that is certain, this juggernaut will not rest till it’s all gone. That’s how fossil fools have always played their cronyistic, monopolistic, deeply networked game. That’s how I look at motive and likelihoods.

When I discovered that some of the very same people who were presenting the most popular arguments for why we should #keepitintheground were also paving the way for carbon capture and storage I began asking questions about the development of this particular form of energy generation. Questions like: Why would organisations that are telling us about carbon bubbles, carbon budgets, unburnable carbon, and stranded assets be supporting the continued burning of gas, coal, and trees, and the expansion of geological storage of CO2 under the North Sea in old oil and gas fields owned by Shell and Statoil? Surely they care about ending the destruction?

I quickly realised I was asking the wrong questions. I shouldn’t be asking why, I should be asking how? How do fundamentally economic concepts like unburnable carbon, stranded assets, and carbon budgets work for the inevitable continuation of fossil fuel extraction and the wholesale destruction of forests? How much political will for carbon capture and storage is out there and how is it expressed? How are pundits, mouthpieces or messaging agents able to use “clean energy” to mask their support for energy that is in no way clean?

It’s impossible to answer these questions without going on the journey to understanding how conflated logics and rhetorical devices appear, are transmitted, and express themselves in language. This is the very heart of psychological warfare, the understanding of the spread and power of particular logics, and how the management of information, it’s architecture and the imperatives behind it’s production facilitates mass deception and behaviour change.

My broad methodology for understanding the messaging sphere and comprehending the logical underpinnings of key pieces of language is this: follow the money, interrogate the messaging, and analyse the networks.

LEADERS – Politicians, corporate executives, high level public servants and UN chiefs

 

This is my messaging interrogation methodology for leaders: When I hear a leader use the term “clean energy” I compare that to the policy, technology, and investment objectives for which they speak, vote, develop networks, and maintain silence.

Here are some very stark examples:

US Department of Energy, Research and Development webpage has “CLEAN ENERGY R&D” emblazoned at the top, near the bottom of the page is carbon capture and storage, and nuclear energy. US Energy Secretary Ernest Moniz has publicly thanked Senator Whitehouse for bringing forward a new bill aimed at providing tax credits for carbon capture utilisation and storage projects ( I’ll go into more detail later). Key projects funded by the US DoE involve CO2 scrubbed from coal-fired plants being used for enhanced oil recovery projects where CO2 is sequestered. Moniz has also publicly echoed James Hansen’s belief in nuclear energy as a key to “solving climate change”.

screenshot-204

screenshot-235

Jeremy Corbyn talks a big “clean energy” game, but he also voted in support of the pro carbon capture and storage policies Labour took to last year’s election. He  once talked about reopening coal mines saying in an early interview

“The last deep mine coal mines in South Wales have gone but it’s quite possible that in future years coal prices will start to go up again around the world and maybe they’ll be a case for what is actually very high quality coal, particularly in South Wales, being mined again.”

In that same interview he responded in favour of CCS hinting at cost as a downside

“It’s complicated. At one level it looks very expensive but the advantages also look quite attractive”.

Of course he has since disingenuously distanced himself from his remarks about returning to coal mining saying “It was one question about one mine, I’m not in favour of reopening the mines.”

Canada’s environment minister Catherine McKenna stated in May this year that Canada’s carbon capture and storage projects were a

“real opportunity for Canada to export solutions”

and made her support absolutely clear saying

“So when you have carbon capture and storage, that’s certainly an innovative solution — a made-in-Canada solution,”

Compare those statements with her remarks at the Canada 2020 conference November 20, 2015, “And we’ll support progress in clean energy—because innovations in our energy sector can be commercialized, scaled up and exported. Done right, this will create good middle class jobs, grow our economy and reduce pollution, including greenhouse gases.”

.catherine_mckenna_ccs_small

In my blog post of May, 2015 ‘The Climate Chief, the Summit, and the Silence’ I highlighted how then Executive Secretary of the United Nations Framework Convention on Climate Change, Christiana Figueres, in a Q & A session as part of the 2nd annual Australian Emissions Reduction Summit, derailed a question on “draw down” of CO2 (presumably through agricultural soil sequestration) to speak in favour of carbon capture and storage investment. I noted the absence of responses from the commentariat. One of the few organisations to take note of the climate chief’s words was called CO2-CRC a carbon capture and storage research project which is chaired by former Australian energy and mining minister Martin Ferguson. CO2-CRC are currently pumping sequestered CO2 under the Ottway Ranges in Victoria, Australia. Another organisation to take note (they actual used a meme I created without giving credit) was SaskPower CCS, the most advanced coal-fired CCS project on the planet.

screenshot.827

NON-LEADERS – Journalists, NGO and think tank spokespeople, celebrity spokespeople

 

Leaders represent institutions, corporations and political processes that impact on material change in the world. Non-leaders deal with ideas and supposed facts, and in essence seek to shape thinking for the better as they are paid to conceive it. As a representative of a media institution or a non-profit entity non-leaders are compelled to steer certain talking points, and observe relationships and platforms developed and defended by their particular institution or entity. Pointing out the contradictions between rhetoric and reality is simple, but if pointing out those contradictions helps to unpack or highlight an issue then non-leaders will largely ignore the contradictions, avoid unpacking the issue, and avoid engaging in meaningful discussion. Non-leaders with significant reach and networks are pivotal to the dissemination of talking points, conflated logics, and rhetorical devices.

My messaging interrogation methodology for non-leaders goes like this: When I read a piece from a key pundit/commentator/mouthpiece working with a media entity, think tank, or NGO I look for adherence to particular talking points and conflated logics. Most authors have sets of talking points suffused with conflated logics passed on to them through the media and through their networks of allies and affiliations.  My provisional assumption when reading a piece is that the author is not inclined to fully unpack an issue lest they stray into uncovering some inconvenient truths. Avoiding certain talking points signifies to me that the author would rather not give credence to those talking points. Silences are created by failing to speak to significant talking points. Silence is the hardest thing to identify and the most challenging component of messaging interrogation.

Non-leaders in the media employ what I call attending behaviour in avoiding certain talking points and triggers for unpacking inconvenient ideas and information. For the attending non-leader it’s all about speaking to an issue without really opening it up, not being utterly silent, erecting a defensible position which makes any real challenger seem petty.

Lets look at two non-leaders from the media, George Monbiot at The Guardian, and David Roberts at Grist and Vox.

Here’s a quote from a recent piece by Monbiot where he recognises the reality of increased demand for negative emissions and the role envisaged by many for CCS as a solution, then dismisses it – hyperlink to a story about last year’s cancelled 1 billion pound CCS competition in the UK.

“The only means of reconciling governments’ climate change commitments with the opening of new coal mines, oilfields and fracking sites is carbon capture and storage: extracting carbon dioxide from the exhaust gases of power stations and burying it in geological strata. But despite vast efforts to demonstrate the technology, it has not been proved at scale, and appears to be going nowhere. Our energy policies rely on vapourware.”

Reading this for the first time sent my head into a spin. Monbiot appears to be arguing that CCS would be alright if it worked. I tweeted Monbiot a bunch of memes with quotes which got the attention of the International Energy Agency, Green House Gas Research and Development Program Twitter account.

screenshot-265

Here’s a quote from a recent piece by Roberts called ‘No country on Earth is taking the 2 degree climate target seriously’.

“What is clear is that we are betting our collective future on being able to bury millions of tons of carbon. It’s a huge and existentially risky bet — and maybe one out of a million people even know it’s being made.”

In making his assertions on the state of political will for mitigation technologies like CCS, Roberts cites an obscure UNFCCC report from the Subsidiary Body for Scientific and Technological Advice titled: ‘Report on the structured expert dialogue on the 2013–2015 review’ It’s one hell of a document, I could sense that the delegates were drooling over the idea of pulping forests. Roberts is right in his conclusions about political will for bio-energy with carbon capture and storage (BECCS) and CCS, but – here’s where the attending behaviour kicks in – including a hyperlink to a document doesn’t constitute unpacking the political will. Not when the title of your article refers to inaction from countries, and countries have politicians who are on record giving their support for carbon capture and storage investment. There are any number of documents, links, and names he could have shared that would have revealed the punchline, but he didn’t. We can’t say he didn’t attend to the subject, but we can’t say he smashed that pinata.

Roberts’ article is ostensibly a response to a report released by Oil Change International (OCI) in September this year titled THE SKY’S LIMIT: WHY THE PARIS CLIMATE GOALS REQUIRE A MANAGED DECLINE OF FOSSIL FUEL PRODUCTION. Roberts  introduces the themes of “cognitive dissonance” and “psychological schism” at the state of the collective response to climate change. He then presents the OCI article stating “This cognitive dissonance is brought home yet again in a new report from Oil Change” Indeed the OCI report written with “collaborators” that you could only call “the usual suspects” (climate cartel) elicits cognitive dissonance for the sheer number of qualified statements on CCS in the context of carbon budgets. The phrase “in the absence of CCS” and other similar phrases appear on more than half a dozen occasions. The below quote summarizes the position of the world’s leading green groups on carbon capture and storage.

“If CCS is eventually proven and deployed, it might provide a welcome means of further lowering emissions.”

In the end the OCI authors cite prudence as the most important consideration.

“However, we take the view that it would not be prudent to be dependent on an uncertain technology to avoid dangerous climate change; a much safer approach is to ensure that emissions are reduced in the first place by reducing fossil fuel use and moving the economy to clean energy. Therefore, we apply that assumption throughout this report.”

My feeling about David Roberts who is a colleague of Bill McKibben at Grist.com is that his job is to postulate on the things Bill McKibben can’t (lest he be compelled to unpack). While I agree with the earlier quote and recognise that I am probably one of those “one out of a million people”, I find it concerning that David Roberts can comprehend that we are indeed “betting our collective future” on carbon capture utilization and storage, but not attend to who and what constitutes the political will. I’ve formed the opinion over time that David Roberts conforms to the same remit and talking points as Bill McKibben, and that he has permission to go as close as possible to the hard limits without triggering the unpacking of political will.

There is an endless array of non-leaders from think tanks and NGOs that we could explore, but lets look at someone who has piped up and finally given a clear message about investment in the lead up to COP22.

Nicholas Stern chairs the Grantham Institute for Climate Change and the Environment. This is the research institute/think tank that I alluded to earlier when I explained what set me off on the journey of discovery into how fossil fools are manufacturing continued demand. While I have been watching Grantham and their allies closely for the last 3 years, it was only recently that I was able to find a quote from the horse’s mouth (Stern) that was succinct enough to share. The following quote is from a speech given at The Royal Society on October 31, 2016. It’s a very telling quote because it comes from an entity that promoted and repeatedly supported the divestment movement as well as hashtags/campaigns like #keepitintheground, and yet it clearly pushes for investment in CCS as a negative emissions technology.

“What can be done to achieve negative emissions? Carbon capture and storage technology is key.”

Here it is in meme form. Feel free to share it.

stern_ccs_small

GRUNT WORK

 

Here’s a quote from The Principles of Psywar by Jay Taber. I’ve worked to these two fundamental principles since I first read them.

“The first principle of psywar is never repeat the talking points of your enemy. The second principle is to deny them a platform to misinform.”

I’ve found these principles are great for maintaining the discipline of staying on-message during difficult discussions and developing a more succinct communication style.

Applying these two principles has given me stamina and strengthened my resolve. Grunt work requires hours of immersion in deflating, boring, and propaganda riddled content. My enemies are manufacturing hope, and funding every avenue that leads to new people, cultures, and markets to co-opt. But I can be realistic about the enormity, pervasiveness, and shape of the enemy because I have a strategy against their constant destabilising tactics.

Grunt work is the true revolutionary work.

FEEBLE RESISTANCE

 

Putting up feeble resistance is a way of manufacturing silence. This is precisely what is happening this year in the US with critical pieces of legislation introduced to congress seeking to facilitate the growth of the carbon capture and storage sector with a particular interest in CO2 enhanced oil recovery (EOR). Here I will discuss two pieces of complimentary legislation that have received bipartisan support, support from industry, support from the Natural Resource Defense Council, and support from one of the largest union organisations in the US, the AFL-CIO. Both bills seek to modify provisions in the Emergency Economic Stabilization Act of 2008 (bail out). I will show that the resistance is barely even visible. NGOs who claim to represent workers and/or the environment, organisations like the Labor Network for Sustainability have barely even acknowledged the existence of these new bills.

When Republican congressman Mike Conaway presented his bill the Carbon Capture Act in February 25, 2016 Brad Markell, Executive Director of the AFL-CIO’s Industrial Union Council had this to say as part of a “diverse coalition” which included Arch Coal, Peabody Coal, and Summit Power.

“CCS is absolutely critical to preserving good-paying jobs in manufacturing and industrial and energy production, while reducing the environmental footprint of these activities. The financial incentives in this legislation will also support much-needed construction jobs as we build projects and infrastructure for CCS. Representative Conaway has proposed a win-win for our economy and environment.”

Markell’s colleague D. Michael Langford, National President, Utility Workers Union of America, AFL-CIO had this to say on the same press release.

“There are few real examples of technology that are both good for the economy and good for the environment. Carbon capture technology is one true example. Incentives to develop and deploy carbon capture will have a positive effect on our economy while at the same time, reduce greenhouse gas emissions. A permanent extension of tax credits for Section 45Q of the Tax Code will be essential in building a twenty first century economy that provides large numbers good paying jobs while addressing environmental concerns.”

I challenged Joe Uehlein, Founding President of the Labor Network for Sustainability (LN4S) and former AFL-CIO strategist to put the position of LN4S forward in response to AFL-CIO support but his response was flat, defensive, and not worth posting. It wasn’t until Democrat Senators Whitehouse and Heitkamp introduced their bill, the Carbon Capture Utilization and Storage Act, that the resistance went from virtually nothing to slightly more than nothing.

Senator Whitehouse’s press release announcing the introduction of his bill neglects to mention coal based carbon capture or CO2 based enhanced oil recovery. Instead the focus is put on non fossil fuel based processes like industrial water treatment and algae biomass projects. This is also the theme he lead with on social media as you can see from the below image.

sen-whitehouse-lays-bs-out

This is when Friends of the Earth US stepped in with a letter to congress calling the 45Q tax credit amendments for which both bills were created, a CO2-EOR subsidy. The closing sentence of the letter highlights that it’s not coal based carbon capture and storage or even the storage of CO2 in old oil reservoirs that FoE US and the long list of cosignatory NGOs (photo below) are taking issue with, but the purported increase in oil that can be recovered.

“Enhancing oil recovery is not a climate solution. Neither is further subsidizing the oil industry. In fact both are a step in the wrong direction. That is why we ask you to oppose any attempts to extend or expand the Section 45Q tax credit.”

screenshot.188

 

There are more than 30 co-signatory NGOs to the FoE US letter but when they went to social media it all fell flat. None of the usual cross promotional back patting and content sharing that allied NGOs are well known for happened.

screenshot-189

INFORMATION ARCHITECTURE AND NETWORKED STRUCTURES

 

There is a global group called the Clean Energy Ministerial (CEM) which holds forums, events and discussions for energy ministers and secretaries. Within this arrangement there is the Carbon Sequestration Leadership Forum, this is where the real “clean energy” action happens. Below is a screen grab from the Carbon Capture Use and Storage page of the CEM website which you should have a look at. If you do you will see that details of their position on CCUS is buried away. Similar structuring-out exists in the US for the Clean Energy States Alliance which leaves the definition of “clean energy” to be determined by the vagaries of energy infrastructure development and regulation for each state.

screenshot-196

DEMAND FOR NEGATIVE EMISSIONS TECHNOLOGY

The propagandists have effectively manufactured demand for negative emissions. Power only ever makes win-win plays. Every failure to deliver real emissions reductions creates more demand and there are legions of mouthpieces looking for good metrics, ready to pump the hopium and spell out the technofixes. The propagandists know that the biggest risk to their agenda comes from free, open, and informed discussion. A thorough and relevant discourse has never occurred for carbon capture and storage. The CCS loving Bellona Foundation (Twitter admin) all but acknowledged this to me recently.

screenshot-268

COP22 will deliver “clean energy” finance and climate finance. The punchline to the dirty joke has been protected. Senior editors, NGO trustees, impact philanthropists, and senior bureaucrats all know how to guide inquiry away from the no go zones. They know that the worth of everyone who works under them is contingent on their ability to discern the dog whistles and self censor.

MITIGATION TRADING

 

While nations struggle to implement carbon taxes and emissions trading schemes new CCS projects have developed that when the time comes will be able to demonstrate that they have the capability to sequester carbon at scale. Australian economist Allan Kohler theorised that the Australian Emissions Reduction Fund, Safeguard Mechanism  could represent a “proxy ETS”. It could come to pass that the Gorgon Gas Project which began sequestering CO2 under Barrow Island off the coast of Western Australia this year could retrospectively claim a subsidy for their efforts. Will Australia in the near future use this sequestered carbon to satisfy their climate commitments?

The city of Rotterdam has put itself forward as a future CO2 export hub and the Teesside Collective industrial decarbonisation project still claim they are “leading the way in low carbon technologies”. Remi Erikson, CEO of DNV GL clearly thinks that a North Sea CO2 storage hub is bankable.

Another meme to share.

remi_eriksen_north-sea-ccs-small

Storage capacity for CO2 has been successfully commodified before any kind of discussion about the international agreements that are meant to cover activities like undersea storage have even happened. The London Protocol and Convention which is administered by the International Maritime Organisation is not ready to manage the development of undersea storage, and the maritime area managed by OSPAR Commission north of the Atlantic has permitted under sea storage in the North Sea at Norway’s Sleipner field. OSPAR are very supportive of investment in carbon capture and storage. Here’s a quote from the Quality Status Report 2010.

“Capturing carbon from combustion at source and transporting this to sub-seabed geological reservoirs could help mitigate climate change over century-long time scales and thus help with the transition to a lower carbon economy.”

 

THE SHOW WILL GO ON

I tried to find the source for the proliferation of “clean energy” as a pivotal propaganda term. Looking at the list of attendees at the 2009 Getting to 350 conference was very enlightening. Lewis Milford who heads up the Clean Energy States Alliance was there as was James Hansen who advocates nuclear over renewables. Members of Al Gore’s Climate Project were there along with ecological economist Bob Costanza and the nuclear and carbon capture spruiking Jesse Jenkins.

I found the likely source of “clean energy” by digging into the Podesta emails and following the trail back to 2006 and the Clinton Global Initiative Annual Meeting (link has already disappeared) where Podesta was championing the “Clean Energy Investment Boom”. The Clinton Global Initiative had a key role in bringing 350.org to global prominence. Podesta recently sat down with US Energy Secretary , Ernest Moniz  and I’ll let the meme tell you what they both agreed on.

moniz_podesta_singledout_small

 

New US president? Makes little difference. There was no ‘war on coal’. The clean power plan was never clean. “Clean Energy” has paved the way for the financing of carbon capture utilization and storage as critical to the development of our energy systems, and fundamental to the decarbonisation of industry.

Let’s give Al Gore the last word $$$$$$$$$

Al Gore Beyond Paris_small.jpg

 

 

 

Metrics as a Proxy for Social Change: The Climate Cartel, Impact Funding, and the Abandonment of Struggle

Below is an Op Ed I wrote for Wrong Kind of Green on the eve of last year’s Paris meeting. The ideas in this piece are central to my critical analysis and while I normally prioritise pointing out the silence I realise these ideas need to be here.

Reblogged from Wrong Kind of Green

Metrics as a proxy for social change. That’s what the climate cartel trades in. What do metrics mean to the cartel? Funding. Impact philanthropy demands short time frames for outcomes and metrics to show what has happened in the messaging sphere. It’s an economy of attention aimed at behaviour change, false consciousness, and the enfeeblement of intellect. Money speaks most loudly in the messaging sphere. The struggle for peace, for an end to imperialism and the patriarchy, for true protection of the earth? These struggles, none of which can be abandoned, don’t optimise metrics or please the funder’s networks.

Yes. The climate cartel trades in metrics and messaging, and in the business of attention metrics amplification is the driver of innovation. But it is innovation within the constraints, party lines, omissions, and debilitating conflated logics passed down from the funders and their networks. The ambitious and self censoring go-getter devotes their intuition, their deeper senses to navigating their way to success, a success defined by the satisfaction of amplification lust. They give themselves to an horrendous discipline honed at the behest of the funders, their networks, and their many projects.

The Non Profit Industrial Complex (NPIC) incubates a constantly expanding web of think tanks, institutes, NGOs, public thinkers, B corporations and media organs that serve to buttress the climate cartel’s messaging. They do much of this with silence, lines of inquiry best left alone, language that need not be unpacked lest some pointed questions get asked in the wrong places. They are blessed with amplification, access to the messaging sphere, and the certainty of support from allies within the NPIC including the liberal media.

Clean energy? This term is a euphemism happily embraced by the climate cartel and the liberal media. It’s used to mask the fact that ‘clean energy’ is an all-of-the-above strategy as long as some abatement/offsetting is involved.

100% renewable energy.? While this is a popular catch cry promoted by the climate cartel and their associated social movements, it comes with limited articulation of the obstacles that need to be surpassed to achieve it. The climate cartel maintain a firm silence on the greatest threat to achieving 100% renewable energy, the embedding of carbon capture and storage as a mitigation strategy within the modelling and assumptions on which our carbon budgets are based. This is a particularly diabolical manipulation that has everyone including governments and fossil fuel corporations working towards a massive explosion in new industrial and energy generating fossil fuel plants supplying CO2 for industry and undersea storage.

The Institute for Energy Economics and Financial Analysis, Stranded Assets Project, Carbon Tracker Initiative, and the Grantham Institute have all done their part to create a picture of a coal industry in structural decline, at risk of collapsing , and incapable of existing within our carbon budgets. Through their messaging they intimate that political will should see governments rejecting coal fired energy generation, but the reality is that they’ve done more than anyone to help develop a future for fossil fuels. The Grantham Institute is particularly important as it has developed and quietly disseminated plans for carbon capture and storage in the UK and Europe with their ‘Bridging the Gap’ report. While, the climate cartel lauded Carbon Tracker and the Grantham Institute for their ‘Unburnable Carbon’ report which established the idea of carbon budgets embraced by UN climate negotiators and fossil fuel industry leaders alike, they’ve stayed silent about the Grantham Institute’s material support for the ambitions of Shell and their plans for new gas plants and North Sea CO2 storage.

Unabated coal? There is a clear party line which is understood by the mainstream and liberal media along with the think tanks and NGO mouthpieces. It is aimed at masking the energy directions embedded in the modelling assumptions behind our carbon budgets – never unpack the political will for carbon capture and storage. UK Energy Secretary Amber Rudd’s recent speech on a “new direction” for UK energy policy specified a commitment to phasing out “unabated coal”, yet the media interpreted this as a commitment to a complete coal phase out. My questions to key pundits and mouth pieces about why the word “unabated” was excluded from headlines and escaped examination were left unanswered. Some perfectly valid questions. Why did Amber Rudd specify unabated coal? Why did Chancellor George Osborne, just a week later, drop funding for carbon capture and storage in favour of nuclear power? The answer to both questions is that pushing hard with objectionable nuclear power helps manufacture consent for the negative emissions technologies that will keep fossil fuel interests happy. The classic neo-liberal push. Calling for ‘clean coal’ suddenly looks a lot more reasonable.

The structure and organisation of the climate cartel can be compared to a toadstool. 350.org is the cap of the fruiting body, very visible, poisonous, and laden with spores, This Changes Everything (TCE); book, social movement, and documentary form the stalk expanding and reinforcing key messages, and TckTckTck/Global Call for Climate Action (GCCA) – a coalition of 20 key international organisations including Avaaz, WWF, and Greenpeace form the mycelium stretching vast distances and connecting to other fruiting bodies and other vast networks. The soil it has grown from is the NPIC with it’s phalanx of institutes and think tanks feigning care for the earth while plotting the future for the oligarchs..

The title of this piece derives from a talk ‘Does art change the world? Lessons from the emerging field of ‘impact producing” given by Katie McKenna the engagement lead for TCE. Her candid acknowledgements that the “foundations” did their“due diligence” in asking for proof of “social change” when considering funding, are quite telling. I am left with three key questions. How has the imperative to achieve significant and particular metrics shaped the project? Who stands to benefit from reducing centuries of struggle down to the imperative to reduce CO2 emissions?

Links:

Amber Rudd’s speech on a new direction for UK energy policy

https://www.gov.uk/government/speeches/amber-rudds-speech-on-a-new-direction-for-uk-energy-policy

TckTckTck: The Bitch is Back

http://www.wrongkindofgreen.org/2015/11/28/tcktcktck-the-bitch-is-back/

Financing “The Message” Behind Naomi Klein’s ‘This Changes Everything’ Project

http://www.wrongkindofgreen.org/2015/10/02/financing-the-message-behind-naomi-kleins-this-changes-everything-project/

Bridging the gap: improving the economic and policy framework for carbon capture and storage in the European Union

http://www.lse.ac.uk/GranthamInstitute/publication/bridging-the-gap-improving-the-economic-and-policy-framework-for-carbon-capture-and-storage-in-the-european-union/

Unburnable Carbon

http://carbontracker.live.kiln.it/Unburnable-Carbon-2-Web-Version.pdf

We Suspect Silence. Nobody gets paid to look at this stuff: Selling Us the Poison and the Remedy

https://wesuspectsilence.wordpress.com/2015/10/15/nobody-gets-paid-to-look-at-this-stuff-selling-us-the-poison-and-the-remedy/

UK to close all coal power plants in switch to gas and nuclear

http://www.theguardian.com/environment/2015/nov/18/energy-policy-shift-climate-change-amber-rudd-backburner

Nobody gets paid to look at this stuff: Selling Us the Poison and the Remedy

As long as the environmental movement stay silent or deny the new risks being created by any advance in carbon capture and storage, the bad guys win.

Pinchbeck Teesside

Emma Pinchbeck, Head of Climate Change and Energy at WWF-UK at the launch of the Teesside Collective, July 2015.

Look at that, a high-profile BigGreen spokesperson posing with captains of industry and welcoming the UK’s great hope for decarbonisation. The Teesside Collective ‘industrial cluster’ requires a pipeline leading to another pipeline owned by the oil and gas companies that own the CO2 storage locations under the North Sea.

Emma Pinchbeck from WWF-UK has managed to stay silent on the risks of storage and continued mining as did Simon Bowens from FoE-UK who welcomed the announcement of the Teesside Collective citing the need to “decarbonise” industry faster. Dustin Benton from the Green Alliance defends industrial decarbonisation against any criticism including the incalculable devastation from failed CO2 storage. Chris Littlecott from E3G played dumb.

“CO2 storage =/= nightmare” Dustin Benton, Green Alliance

screenshot.9807

Try this link for my original conversation with Dustin Benton: https://twitter.com/dustin_benton/status/648412166912143360

In the last few months I’ve continued interrogating the messaging around carbon capture and storage, and I’ve been putting out more content of my own showing the advancing political will. I’ve had the occasional conversation with BigGreen folk of varying stripes and as you can see I’ve tried to capture those conversations with screen grabs.

A notable example is Anthony Hobley, CEO of the Carbon Tracker Initiative who couldn’t help but comment in response to my questions about their relationship with the Grantham Institute and it’s Bridging the Gap report from June 2015. His response shows that a massive commitment to carbon capture and storage is a foundational assumption underpinning our carbon budgets whose legitimacy even big oil and gas CEOs are publicly acknowledging.

“in our 2013 Un-Burnable Carbon Report we take the IEAs idealised scenario for CCS. That is approximately 3800 CCS plants operating by 2050. This gives you 125GtCO2. This extends the 2ºC carbon budget by 12 to 14%. Basically buys you 14 years. It is far from a magic bullet.” Anthony Hobley, CEO Carbon Tracker Initiative

Hobley Chat 1

You can find Anthony Hobley’s original comments here: https://youtu.be/hzOnTKHopS4

The first CCS meme quoting a leader of any kind but not created by me appeared in August and was shared on Twitter by a range of CCS power plants, institutes/thinktanks and pundits. It confirms for me the primacy of IEA/Grantham/Potsdam Institute modeling in our carbon budgets. Third Way who created the meme were very happy with Obama’s ‘Clean Power Plan’.

No created by me.

No created by me.

In the memes below you can see explicit support for carbon capture and storage from the CEOs of some of the world’s most powerful fossil fuel companies.

Ben van Beurden_meme_CCS_small

GregBoyce_meme_CCS_small

AndrewMackenzie_meme_CCS_small

All three leading parties contesting the UK election in May 2015 had a commitment to carbon capture and storage in their manifestos while the Greens were mostly silent. Immediately after the election Ed Davey’s successor the new energy and climate secretary Amber Rudd was on the front foot. Current Labour leader Jeremy Corbyn is in favour of CCS.

.   Old_Logo_Labour_Party_meme_CCS_small

Amber Rudd_CCS_small

Let’s get back to that Bridging the Gap report by the Grantham Institute. This is where the silence is deafening. I can find no one who will speak to it. It clearly favours gas CCS like Shell are planning at Peterhead with North Sea pipelines and storage as given.  The report says bio CCS or BECCS (imported wood pellets burned in place of coal) “should be a priority area of research”. Note: Shell has even raised the idea of a deep water port for imported CO2.

The Grantham Institute helped the Carbon Tracker Initiative develop ‘Unburnable Carbon’ back in 2013 with the help of the International Energy Agency and the Potsdam Institute. This established the language of carbon budgets and bubbles that is used by everyone from climate ‘justice’ activists to corporate CEOs. It’s a language that reflects nothing of the assumptions that underpin it.

It’s extremely disturbing that these two projects which both have a close connections to the London School of Economics have assigned the world its carbon budgets while simultaneously smoothing the path for a transformation of fossil fuel use. While the elite climate campaigners worked closely with the Guardian to popularise #keepitintheground Carbon Tracker and the Grantham Institute were working to ensure the opposite. Those elite climate campaigners rarely, if ever, speak about CCS, BECCS, undersea storage, or pipelines accept to say CCS is unfeasible and anyway fossil fuels are on their way out.

“We will never reach negative emissions without CCS” Anonymous former IPCC Carbon Accountant

Nobody gets paid to look at this stuff. Everyone who knows their compartment knows not ask about risk or evidence or political will. Seems it’s safer to be silent….and it pays better.