The most active Adani shell company in Australia

Carmichael Rail Network Pty Ltd were mentioned in the Hindenberg Report. They are said to hold the royalty deed for the Carmichael mine. They are the entity responsible for the construction and the operation of the Carmichael Rail Network under Queensland law.

Is it even a shell company?

I refer to Carmichael Rail Network Pty Ltd (CRNPL) as a shell company because, while they are in theory connected to significant operational activity, their real operations are rarely reported in association with the actual name of the company. All the CRNPL contact points and communications are conducted through unspecified entities under the ‘Bravus’ (Bravus Mining and Resources) business name. They are an entity with no acknowledged employees, no dedicated website and no LinkedIn page.

It is likely, but not confirmed, that CRNPL made the BMD, Siemens and Martinus contracts for the Carmichael Rail Network (we know they made the AECOM contract). In 2021 the Queensland Office of the Coordinator-General (OCG) gave media statements and commissioned a report into alleged environmental damage in relation to the North Galilee Basin Rail Project corridor which made no mention of the actual rail proponent. The OCG acknowledged that they had communications with CRNPL, but would not explain how, under the relevant acts, they were not required to communicate to the media, the public or contracting agencies, the name of the entities with which they perform their statutory functions. At the end of my dealings with the OCG, the justification for why they referred to ‘Bravus’ rather than the entity they coordinate under the State Development and Public Works Organisations Act (SDPWO Act) was provided to me with this statement, “CRN is a Bravus entity”. It wasn’t until I discovered the Bravus privacy policy web page that I understood that the CRNPL, along with 23 other Adani entities can be referred to as ‘Bravus’. The list that previously appeared on the Bravus privacy policy web page was removed sometime in late 2022 and a reference to the “Bravus Group” was added. It is reasonable to assume that CRNPL, Adani Mining Pty Ltd and Adani Infrastructure Pty Ltd are included in the Bravus Group of Adani entities. Adani Mining Pty Ltd owns the ‘Bravus Mining and Resources’ business name.

In need of close examination

There is every reason to closely monitor the approvals provided to Carmichael Rail Network Pty Ltd (CRNPL) and the work of the regulatory agencies that are responsible for rail safety, competition, environmental approvals and cultural heritage. But close examination of Adani’s most active and crucial entity in Australia, whose operations are routinely reported by media, government and regulatory agencies under the Bravus business name is not happening.

The success of the entire Carmichael coal complex from port to pit is contingent on Adani keeping the ‘multi-user promise’ which is connected to any future royalty deal. Adani must make their rail facility available to multiple users, this is where the regulatory responsibilities of the Queensland Competition Authority (QCA) will apply once they have been given permission from the Queensland treasurer Cameron Dick.

It is important to look at Adani’s messaging in regard to operational responsibility and third party access. The Bravus web page for the Carmichael Rail Network (CRN) does not mention the name of Adani’s rail proponent. Indeed it identifies Bowen Rail Company as the operator despite clear evidence that CRNPL are an accredited operator of the CRN:

The Carmichael Rail Network is operated by Bowen based business, Bowen Rail Company

https://www.bravusmining.com.au/carmichael-rail/

The same web page includes a link to the CRN Access Policy in reference to its commitment to operating a multi-user facility:

The Carmichael Railway is a multi-user facility with third party access available in accordance with the Access Policy contained at this link.

https://www.bravusmining.com.au/carmichael-rail/

A staff member at the QCA recently acknowledged to me that their organisation does not receive copies of new access agreements made between access seekers and access providers. The QCA Act does not require that operators regulated by the QCA provide the competition regulator with acknowledgement that an access agreement has been made let alone provide documents. When I asked the QCA staff member about the Carmichael Rail Network Access Policy approved by “the state” in December 2021 they had nothing to say.

The CRN Access Policy is utterly relevant to the work of the QCA. It sets up a framework for third parties, like other Galilee Basin coal mining companies, to access the CRN facility. Foreseeable demand is the trigger for the Queensland government to permit the QCA to begin investigating and reporting on the CRN. The issue here is the requisite evidence of foreseeable demand required by the Queensland treasurer. As long as third parties negotiate privately, and even if they make access agreements, the available evidence will not likely be seen as substantive. Cameron Dick and the Queensland government are in a position to delay engaging the competition regulator at their leisure.

We can reasonably assume that CRNPL and Aurizon have an access agreement because correspondence to the QCA in November 2022 from a Bravus consultant and former Queensland Rail and Aurizon employee asserted in November 2022 that Bravus (CRNPL) is “an existing Access Holder”. The same consultant asserted in October 2022 that “we rely on using ad hoc train services to meet our demand”.

A letter provided to Charles Milsteed (QCA) by Stephen Straughan, a consultant to Bravus Mining and Resources on 7 October 2022 asserts that coal is being transported on an “ad hoc” basis along the Aurizon Network. The letter also asserts that there is an “access application”.

As a result, forecast demand is likely to be materially less than actual demand for rail capacity as it does not reflect how capacity is actually utilised in practice. While we wait for additional capacity to be provided by Aurizon Network under our Newlands access application, we rely on using ad hoc train services to meet our demand. These ad hoc services make up a sizable portion of our weekly train orders and utilize unused capacity (contracted to others or otherwise) up to the maximum capacity available.

https://www.qca.org.au/wp-content/uploads/2022/12/bravus-submission-on-qcas-preliminary-position14795081.pdf

A letter provided to Charles Milsteed (QCA) by Stephen Straughan, a consultant to Bravus Mining and Resources on 4 November 2022 and published on the QCA website asserts that Bravus (CRNPL) are an “Access Holder”.

Bravus would also like to note our view on these matters have been formed from our experience as both an existing Access Holder with a significant stake in Newlands, and as an Access Seeker of additional capacity from Newlands including short term transfers from GAPE. This has provided Bravus with a broad and unique perspective with regards to the RWG proposal and other matters we have raised in our submissions.

https://www.qca.org.au/wp-content/uploads/2022/12/bravus-submission-on-aurizon-networks-revised-drafting14810111.pdf

Who approved the CRN access policy?

On 27 February 2023 the Queensland Treasury responded to my request for administrative release of information regarding approval of the access policy with a letter containing this statement:

In response to your enquiry as to the approval process, I can inform you that Queensland’s Coordinator General approved the CRN Access Policy on 22 December 2021 following an extensive review process.

Patrick Wildie, Assistant Under Treasurer, Economic and Fiscal Group, Queensland Treasury, 27/2/23

I have forwarded this letter to the Office of the Coordinator-General and have asked if they can direct me to any documents on the public record confirming that the Coordinator-General approved the access policy.

The answer to my question should help me get a better sense of the legislative silences that allowed the bare minimum of information about the approval of the access policy to enter the public record. By legislative silences I refer to actions, processes and obligations specified under the relevant acts that do not require government departments and ministers to place particular documents or records of actions on the public record. It stands to reason that a company like Adani would be motivated to use every legal means to give themselves an advantage.

Unknown Adani entities under investigation

On 10 February 2023 Newscorp papers (The Daily Mercury) published a story on a signalling failure on the Carmichael Rail Network that could have lead to a collision. The article states that the Office of the National Rail Safety Regulator (ONRSR) are investigating the incident. On 14 February 2023 I spoke with a member of the coms team at ONRSR who told me they provided the media with a statement confirming that they are conducting an investigation, but did not say which of the 2 Adani entities that possess ONRSR accreditations are under investigation. The ONRSR does not publish media releases regarding its investigations. I could not discern if confirmation of the specific entities under investigation will ever take place. The 2 Adani entities regulated by the ONRSR are Bowen Rail Company and Carmichael Rail Network Pty Ltd.

I have submitted an administrative release request with the ONRSR under the South Australia, Freedom of Information Act 1991. My question to the ONRSR is straight forward and reasonable:

Which ONRSR regulated/accredited entities operating on the Carmichael Rail Network are under investigation for the ‘stop signal error’ reported by Duncan Evans on 10 February 2023?

Splitting the approvals

Carmichael Rail Network Pty Ltd (CRNPL) were Adani’s secret rail proponent for the North Galilee Basin Rail Project and the Carmichael Coal Mine and Rail Project for at least 18 months before the Office of the Coordinator-General (OCG) made changes to the relevant project pages in June 2018.

CRNPL possess the rail operator accreditations and a riverine protection permit, but it is Adani Mining Pty Ltd that possess the environmental approvals and the Traditional Owner agreements. While CRNPL are the proponent for the purposes of rail, Adani Mining Pty Ltd identify themselves as the proponent for the purposes of environmental approvals.

A statement from the most recent EPBC compliance report illustrates that Adani Mining Pty Ltd see themselves as the North Galilee Basin Rail Project (NGBR) proponent for the purposes of Environmental Protection and Biodiversity Conservation (EPBC) compliance despite the fact that the proponent listed for that project by the OCG is CRNPL.

It is noted that Adani Mining Pty Ltd has updated its trading name relevant to CCMR, to Bravus
Mining and Resources. For the purposes of this report the proponent is hereon in referred to as
‘Bravus’ however it is acknowledged that the approval holder remains as ‘Adani Mining Pty Ltd’.

https://s3-ap-southeast-2.amazonaws.com/awsfiles-232340950/bravus/documents/22m044_ngbr_compliance_report_v0-3_final_redacted_reduced.pdf

Responsibility for the whole CRN project is split between 2 proponents because 2 different Adani entities are responsible for answering to regulators. The proponent that was installed secretly, CRNPL, is now the official rail proponent while the original rail proponent Adani Mining Pty Ltd continues to control how environmental regulation is reported regarding the NGBR project for which it is not the listed proponent under state law.

Many questions remain

On 13 September 2018 Adani announced that they were changing the ‘design’ of their “Carmichael Project” rail accompanied by a map showing the corridor that is a combination of the first section of mine rail known as Separable Portion 1 and the shortened section of the North Galilee Basin Rail Project (NGBR) designed to connect to the Aurizon network.

The Office of the Coordinator-General has not updated their project pages for Carmichael Coal Mine and Rail Project (CCMR) or NGBR to reflect the new rail corridor design. Why is this the case? Surely such a significant change to a project of this scale should result in updated information from the coordinating agency? Surely the absence of key information should have triggered some questions being asked by the media and the climate NGOs?

Journalists and commentators routinely misrepresent the nature of the Bravus brand. Bravus Mining and Resources is a business name owned by Adani Mining Pty Ltd, but used to refer to multiple Adani entities. Bravus is not a “subsidiary” or the “new name” of Adani Mining Pty Ltd, it is an umbrella brand applied to an unspecified group of entities termed the “Bravus Group”. ‘Bravus Mining and Resources’ is not the name that appears on any of the Carmichael approvals, accreditations, permits or licences. Why are government departments, investigators, NGO spokespeople and journalists routinely misrepresenting Adani’s corporate structure and never questioning what the ‘Bravus’ brand was set up to do? Why do government departments and regulators refuse to act proactively by placing the names of the entities they are coordinating/regulating/investigating on the public record in spite of the various silences in the relevant legislation?

Conclusions

The media and the NGOs clearly don’t comprehend the importance of interrogating the activities of Adani’s most active shell company. We have to assume that third party coal mining companies will continue to develop plans in private. Adani have stated that they have been approached by third parties, but the regulatory arrangements put the decision making power in the hands of the Queensland government which is choosing not to act in a fully transparent manner. The Queensland Competition Authority needs to be empowered now to give it oversight over the Adani shell company that is ensuring that the worst case scenario can take place.

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A problem of foreseeable demand: Cameron Dick, Adani and the QCA

I stumbled onto the opportunity to make a request for declaration of Adani’s rail corridor as a ‘service’ by chance. I was seeking information from the Queensland Competition Authority (QCA) about the Mackay Conservation Group (MCG) declaration request made in October 2019 when they made me aware that I could make a request. QCA staff informed me that the MCG request was found to be “out of scope” and no recommendations were given to the treasurer for consideration. I recognised an opportunity to access valuable information about Adani’s secretive rail plans.

A short statement was placed on the QCA website following the MCG request:

On 24 October 2019, we received a request from the Mackay Conservation Group to review and recommend declaration of Adani Australia’s proposed Carmichael rail network for regulation by the QCA under Part 5 of the QCA Act.

After review it was determined that at the time there was no scope for the QCA to substantively consider the request to declare the proposed Carmichael rail network.

https://www.qca.org.au/project/declared-infrastructure/

I have to say the QCA did not manage my expectations well. I didn’t get a sense that they deal with members of the public very often, but they provided me with every courtesy that the QCA Act would allow. I semi-blindly worked my way through the submission process which included an opportunity to respond to material from Adani.

When my contact at the QCA informed me that they had provided recommendations to the treasurer following my request, I asked if that meant it was found to be “in scope”, but they declined to give me an answer. Clearly the QCA provided recommendations following my request because the infrastructure making up the ‘facility’ providing the ‘service’ was more developed than it was in October 2019 allowing them to substantively consider my application. The consideration given by the QCA is outlined in their letter of recommendations provided to the treasurer:

We provided Mr Swifte with an opportunity to comment on Adani’s submissions, including Adani’s submission that his request was not made in good faith.

https://www.qca.org.au/project/declared-infrastructure/

The QCA recommended that my request be found to be in ‘bad faith’, but the treasurer found that my request did not satisfy the access criteria and decided against making a declaration on that basis. The most significant failing of my request was the lack of supporting information regarding foreseeable demand and the dependent markets that come with that demand.

*The problem we have is that all the other proposed Galilee Basin coal mines have been effectively mothballed while Adani has established its own: vertically integrated rail corridor developer and rail infrastructure manager; rolling stock operators; and port operations. Without any firm information about other market operators and their service providers there is no way to foresee demand.

While my request failed to secure a declaration, it succeeded in unpacking some key components of Adani’s plans to make their rail corridor operational.

The following statement can be found on the QCA website along with links to the QCA recommendations and the treasurer’s statement of reasons:

On 6 September 2021, we received a request to review and recommend declaration of the Carmichael rail network service under Part 5 of the QCA Act.

Part 5 sets out the criteria for declaration recommendations, as well as the steps that are required before we can recommend to the Minister that a service be declared.

On 17 December, we provided our recommendation (see below) to the Minister, in accordance with section 79(1) of the QCA Act.

On 17 March, the Treasurer’s decision on this matter was published in the Queensland Government Gazette (Extraordinary Queensland Government Gazette no 41, vol 389).

https://www.qca.org.au/project/declared-infrastructure/

*Link for the QCA Act: Queensland Competition Authority Act 1997 (legislation.qld.gov.au)

An opportunity to comment and a positive outcome

The QCA gave me the opportunity to add to my initial request and respond to two letters provided by Adani Australia CEO Lucas Dow representing Adani’s rail proponent Carmichael Rail Network Pty Ltd. While both letters made roughly the same arguments, the second was supported by legal advice regarding requests made in bad faith, the ‘service’ under consideration and the QCA Act access criteria. I had the opportunity to offer counter-arguments to Lucas Dow’s assertions about the non-operational state of the Carmichael Rail Network (CRN). Cameron Dick and Shane Doyle QC both concurred with my interpretation of Section 72 of the QCA Act.

In a letter to the QCA CEO on September 15, 2021 Lucas Dow stated:

The CRN remains under construction and has not been commissioned (and is therefore not yet operational). At this point, it is not a facility that is sufficiently developed to be capable of supplying a service of the kind contemplated by s 77(1) of the QCA Act.

I responded on October 4, 2021 by arguing that the QCA Act can apply to a service that can be provided in the future:

In regard to the assertion that because the Carmichael Rail Network is not yet commissioned or operational and therefore “it is not a facility that is sufficiently developed to be capable of supplying a service of the kind contemplated by s 77(1) of the QCA Act.”, I would direct you to Section 70 ‘Meaning of a facility’ and Section 72 ‘Meaning of service’ of the QCA Act. Section 70(1)(a) reads “rail transport infrastructure”. Section 72(1) reads “Service is a service provided or to be provided, by means of a facility”.

In a letter to the QCA CEO on October 5, 2021 Lucas Dow restated his position:

(i) The CRN is not operational, and no coal has been railed, so matters such as the likely cost of the facility and technical and operational characteristics of the facility and service are not able to be determined.

The redacted legal advice letter dated October 8, 2021 that accompanied the Lucas Dow letter dated October 5, 2021 contains an interpretation of the QCA Act, Section 72(1) that concurred with my interpretation. Section 4.2 of the ‘Statement of Reasons’ provided to me by the Queensland Treasury Office on March 16, 2022 contains a refutation of Lucas Dow’s argument.

4.2.5 I accept the submissions made by Mr Swifte and in Mr Doyle’s advice that the QCA Act permits declaration of a service that is anticipated or a future service or a service associated with an anticipated or future facility. For this reason, I do not accept Adani’s submission that the application for declaration cannot be assessed in relation to the CRN service/facility as it is not sufficiently developed.

https://www.publications.qld.gov.au/ckan-publications-attachments-prod/resources/04ee3497-3d7f-4550-9caa-6b0f1d4e6b4d/18.03.22-combined.pdf?ETag=%2281667823cfcc78147f4e99be688bc7cf%22

On October 27, 2021 I sent through my final responses in support of my request. This was the same day that Bowen Rail Company received its rolling stock operator accreditation from the Office of the National Rail Safety Regulator (ONRSR). One week earlier Carmichael Rail Network Pty Ltd varied their ONRSR accreditation for the third time that year. I had been so busy with my various complaints to the Office of the Coordinator-General and the Ombudsman that I had neglected to check the ONRSR website which had switched to real time reporting of new accreditations and variations.

On November 15, 2021 Bowen Rail Company were delayed by activists while load testing their new locomotives on Aurizon rail infrastructure. By late December Adani were claiming that they had their first shipment of export coal ready to go. It is clear that the rail infrastructure was very close to being operational at the time I made my request.

Defining the facility and the service ‘to be provided’

Lucas Dow’s redacted October 5, 2022 letter includes the assertion that my description of ‘the service’ which was amended at the request of the QCA was wrong in every key respect:

(A) fails to properly define the facility, the service or the owner/operator;

The information that would clarify my understanding and support the Adani CEO’s argument is either not included in the letter/legal advice or is part of the redacted sections of each document.

Here’s my description of ‘the service’ before making amendments to improve clarity which I negotiated with QCA staff:

Rail service infrastructure known as Carmichael Rail Network generally and as the North Galilee Basin Rail Project combined with Separable Portion 1 of the rail component of the Carmichael Coal Mine and Rail Project specifically.

The amended description of ‘the service’:

the service that is the use of the Rail service infrastructure known as Carmichael Rail Network generally and as the North Galilee Basin Rail Project combined with Separable Portion 1 of the rail component of the Carmichael Coal Mine and Rail Project specifically

In my request I asserted that Carmichael Rail Network Pty Ltd were the likely owner/operator of the service to be provided having assumed rail infrastructure management accreditations in May 2017 when they were relinquished by Adani Mining Pty Ltd. Documents exist on the public record explaining that the CRN is constituted of two sections attached to two projects, but sharing a single proponent, Carmichael Rail Network Pty Ltd. One of those documents is titled ‘Adani Infrastructure Pty Ltd: Supporting Information for an Application for a Water Licence to Take Unallocated Water from the Strategic Reserve in Sub-Catchment E of the Burdekin Basin’ that was included in the Department of Natural Resources, Mines and Energy right to information disclosure 16-417 made to Lock the Gate. The application for a water licence by Adani Infrastructure Pty Ltd was intended to facilitate the North Galilee Water Scheme.

At the time of the application Adani Mining Pty Ltd were still listed as the rail proponent by the Office of the Coordinator-General. It was not until May 2018 that Carmichael Rail Network Pty Ltd were formally acknowledged as the rail proponent for both the Carmichael Coal Mine and Rail Project (CCMR) and North Galilee Basin Rail Project (NGBR).

Here is a quote from RTI 16-417(A). I’ve made key phrases bold for emphasis:

Due to the size of the Project, Adani Mining has progressed the assessment for much of the rail, and the Port, separately to the CCP. The entire rail line from the mine to the Port of Abbot Point will be approximately 388 kilometres (km) long, known as the Carmichael Rail Network (CRN). The proponent for the CRN is the Carmichael Rail Network Pty Ltd as trustee for the Carmichael Rail Network Trust.

The CRN will comprise one contiguous rail corridor that has been subject to two separate assessments: the first 77 km (called the Carmichael Rail Line) was included in the CCP EIS and SEIS documentation, whilst the remaining 311 km was assessed as the North Galilee Basin Rail Project (NGBR Project).

The Carmichael Rail Line starts from the proposed Carmichael Mine, and heads east towards Mistake Creek west of the Gregory Developmental Road. This section of rail was assessed as part of the Carmichael Coal Mine and Rail Project EIS, SEIS and AEIS, in which it was known as Separable Portion 1 (SP1). The NGBR section of rail consists of approximately 311 km standard gauge rail from the connection with SP1 to the Port of Abbot Point.

‘Adani Infrastructure Pty Ltd: Supporting Information for an Application for a Water Licence to Take Unallocated Water from the Strategic Reserve in Sub-Catchment E of the Burdekin Basin’

Click to access 16-417_A.pdf

The meaning of “not made in good faith”

I have never made a secret of the fact that I don’t want Adani’s rail corridor to succeed. Competition law in Queensland is founded on the assumption that infrastructure that is already approved and under development should exist and function well. My world view does not embrace the primacy of resource development and I have no faith in the regulatory frameworks and functions that are currently in place. My stated intention was to disclose information about the operations of Carmichael Rail Network Pty Ltd in anticipation of the opening of the means of export for Galilee Basin coal.

In the recommendations provided by the QCA is a quote from my final responses that captures my intentions and appeals to the desire for effective regulation:

I am exercising my fiduciary responsibility as a citizen/resident of Queensland to support the development of a political economy that does not damage the rights and interests of those impacted by infrastructure of ‘state significance’. Providing the QCA with ample time to investigate an anticipated facility that is to provide a service can help deliver robust regulation and transparency to support competition.

https://www.qca.org.au/wp-content/uploads/2019/05/request-for-declaration-recommendation-carmichael-rail-network.pdf

My request was assessed under Part 5 of the QCA Act which identifies a concern with “significant infrastructure” in Section 69(E), Object of Part 5:

The object of this part is to promote the economically efficient operation of, use of and investment in, significant infrastructure by which services are provided, with the effect of promoting effective competition in upstream and downstream markets.

Part 5: Section 76(2)(c) on ‘access criteria’ states:

that the facility for the service is significant, having regard to its size or its importance to the Queensland economy;

The idea of ‘importance’ to the economy is the object under contestation for some First Nations people, some farmers, environmentalists and climate campaigners. It is the fact that I want to see Adani’s rail corridor scrutinised in the public sphere and that I see the importance of the CRN not succeeding that I was not seen as making my request in ‘good faith’.

Shane Doyle QC cited a phrase from case law “fidelity to the bargain” in reference to how ‘good faith’ might be understood under the QCA Act:

an obligation to act honestly and with a fidelity to the bargain; an obligation not to act dishonestly and not to act to undermine the bargain entered or the substance of the contractual benefit bargained for; and an obligation to act reasonably and with fair dealing having regard to the interests of the parties (which will, inevitably, at times conflict) and to the provisions, aims and purposes of the contract, objectively ascertained.

https://jade.io/article/388086

Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50 – BarNet Jade – BarNet Jade

The way I understand it: I entered into a preexisting bargain in which the success of infrastructure deemed “significant” by government and industry is assumed to be the primary objective.

A trigger for the treasurer

Under the QCA Act, Section 77(2) Cameron Dick can choose to declare a service without the need for a request from an industry group, advocacy organisation or member of the public:

The Minister may ask the authority to consider whether a particular service should be declared by the Minister.

Section 79(5) of the QCA Act affirms that “the Minister” can make a request to the QCA for declaration:

Unless the request is made by the Minister, the authority must give a copy of the request to the Minister with the recommendation.

The Queensland treasurer can expedite proceedings and bring a declaration forward, but he is limited by a lack of information regarding foreseeable demand. Without knowledge of the Adani-Aurizon access agreement we cannot know the upper limits for coal haulage on the CRN, and without a concrete upper limit for export volumes from the Carmichael mine in the short and long term we cannot properly assess the capacity for Adani to support the promised multi-user infrastructure. The decision to build a narrow gauge rail corridor places hard limits on expanding the CRN capacity beyond 60 mpta.

Waiting for the Aurizon-Adani access agreement

The announcement of an access agreement between Adani and Aurizon – which I’m assuming is already complete – is the next key event to take place. It will likely immediately precede commercial operation or coincide with the announcement of a start date. Adani are unlikely to allow a period of scrutiny of the deal with Aurizon before commercial operations begin.

I tried to sound out my contact at the QCA regarding the likelihood of an access agreement coming through very soon, but they were not forthcoming. Access agreements are squarely within the QCA remit. I’m working with the assumption that the QCA will be called-in when the access agreement is announced.

From my reading of the QCA Act I cannot discern any triggers for publication at any time near the announcement of commencement of commercial operations. It is the information that makes it onto the public record that is of vital importance right now. There appears to be plenty of scope in the QCA Act for the regulator to seek information from Aurizon as an access provider of a declared service and Adani as an access seeker.

All this is speculative of course. I am no expert at this stuff and I wish there were more specialists speaking up. As a generalist my expertise is not in competition law or economic development, but in unpacking processes, identifying primary sources, and recognising patterns in language and information giving. I’m mindful that the CRN project is unprecedented in the history of the QCA Act.

The multi-user promise and royalty deal

There is very little information on the public record regarding Adani’s revised rail corridor. I can’t explain why the Office of the Coordinator-General has not seen fit to update the NGBR project page. I imagine that severing more than 100km of rail corridor would require some kind of ‘change request’ under the State Development and Public Works Organisations Act. The most recent project variation for the NGBR under the Environmental Protection and Biodiversity Conservation Act (EPBC) dated 25 August 2021 contains information about the “approved action” wherein the NGBR project is a 310km corridor. The variation document contains a map of the original NGBR corridor segmented into individual maps for each section including the sections that were severed in 2018. It should be noted that Adani Mining Pty Ltd remain the EPBC approval holder despite Carmichael Rail Network Pty Ltd being appointed as rail proponent for the NGBR and CCMR. Nothing exists on the public record to demonstrate how Adani’s revised rail corridor plan was instituted.

VARIATION OF CONDITIONS ATTACHED TO APPROVAL: North Galilee Basin Rail Project, Abbot Point to Galilee Basin, Queensland (EPBC 2013/6885)

http://epbcnotices.environment.gov.au/_entity/annotation/3666c674-2c09-ec11-80c8-00505684c137/a71d58ad-4cba-48b6-8dab-f3091fc31cd5?t=1649387035483

The royalty deferral deal is, in theory, contingent on Adani keeping their multi-user promise. This promise can only be kept if the access agreement and upgrades to Aurizon infrastructure demonstrate that Adani’s vertically integrated facility would retain sufficient capacity to provide a service to third parties. Other coal miners and their haulage providers would be the third parties seeking access to the CRN service. We don’t know if Adani’s statements about the capacity of the revised narrow gauge corridor are based in fact. The capacity of the original corridor was 100 mtpa with no need for an access agreement with Aurizon. The capacity of the new corridor is – as reported by Adani – is 40 mtpa. We are told in media statements put out by Adani that they will ramp up from 10 to 27.5 mtpa over a decade. It seems that without the QCA or the treasurer acting proactively, the QCA are forced to respond reactively to the approaches of third parties before any transparent multi-user framework can crystallise.

*The problem we have is that the Queensland government has used words like “open” and “transparent”, but each time they are tested they just kick the can down the road. We know almost nothing about the royalty deal, barely anything about the revised rail corridor, and nothing about how the Queensland government will make Adani keep its multi-user promise.

The claim made by the Queensland government is that under the secret ‘transparent policy framework’, Adani will be held to its multi-user promise. It is not clear how this instrument might be enforced other than by prospective third parties approaching the QCA with information about foreseeable demand. I imagine that in the worst case scenario the Queensland government would issue a demand for royalties with interest.

In his October 5, 2021 letter Lucas Dow stated that the policy to support the multi-user promise will be in place “at or around” the time the CRN commences operation. I can find no statements demonstrating that the Queensland government have made the timing of the release of Adani’s access policy clear. Any access policy would have to fit within the QCA Act access regime which is contingent upon the declaration of a service. Will Adani’s open access policy also be a secret?

Lucas Dow’s October 5, 2021 letter offers arguments to support the assertion that my request was “premature”. In this quote he indicates that an access framework has already been developed:

Adani has not yet put in place its commercial framework governing access to the CRN. As Mr Swifte is aware, Adani and the Queensland Government (State) have made clear that an open access policy will be put in place by Adani, at or around the time that it commences operation. [REDACTED]. It is impossible for the QCA to meaningfully assess the impact of declaration without understanding the access framework already intended to apply.

Forums where rail boffins discuss technical aspects can be informative though not always reliable. I was interested to read discussion about Adani’s shift from a standard gauge, vertically integrated rail corridor to the present largely unspecified arrangements. Like all of us the boffins are left to speculate. There appeared to be agreement that Adani reached for a ‘gold plated’ standard gauge corridor knowing they could scale back to narrow gauge.

A comment from a member of RailPage.com.au forum following the announcement of Adani’s Plan B rail corridor:

Adani likes vertical integration operations and tries to keep it’s mining, transport, ports and power generation in-house – which is where the stand-alone standard gauge line fits in. I suspect the company is now more interested in getting the coal out of the ground and making money rather than bleeding any more cash on this project.

Aurizon’s Newlands System will also need capacity upgrades to carry Adani’s traffic, this will almost certainly include double tracking several sections and extending RCS (CTC signalling) south from Collinsville to Newlands. Tonnages north of Collinsville could exceed 80-million tonnes if existing tonnages and Adani traffic are combined. I can’t say it’s clear who will be paying for those upgrades, but I assume some sort of agreement has been made prior to this announcement.

https://www.railpage.com.au/f-t11398398-0-asc-s0.htm

This is no time to give up

I’m still reeling from an interview I heard on local radio yesterday where a leader of the frontline resistance, a member of Frontline Action on Coal interviewed a leader of what I call the ‘distributed resistance’, a person variously affiliated with the StopAdani Alliance. The StopAdani aligned activist, now connected with a group called Tipping Point, effectively stated that other than pressuring some more companies and ‘standing in solidarity’ the Wangan and Jagalingou Traditional Owners resisting the mine, the battle had been lost. To be clear; I listened to a conversation between a person who is in the best position to stop Galilee Basin coal trains and a person who represents the efforts of the best funded NGOs in the climate justice movement, and it seemed like they had both given up on stopping Adani’s rail corridor from becoming operational.

For me the battle is just heating up. I would urge those with legal and public administration backgrounds to step in and interrogate Adani’s shell companies while being mindful of the bias against disclosure being demonstrated by the Queensland and federal governments. Only a clear and thorough understanding of the information that does and does not exist on the public record can help us to understand the shell games played by extractivist corporations and their friends in the establishment.

Bravus: Adani Australia’s blanket brand

Entities exist for reasons

It is crucial at this moment that we understand that Adani’s web of shell companies in Australia exist for reasons unknown, but comprehensible if we can get answers to the right questions. Adani entities such as Carmichael Rail Network Pty Ltd and Adani Infrastructure Pty Ltd are enmeshed in Adani’s dealings over the rail corridor which is nearing completion, and the North Galilee Water Scheme which is under review. Adani Australia entities can refer to either of these 2 former shell companies as ‘Bravus’ in their communications on their website and in media statements under the language and framing contained in the Bravus privacy policy.

Exoneration mechanisms

Over the last 6 months I have sought answers to questions about the Adani entity names used in communications from the Queensland government department responsible for coordinating and regulating development projects and proponents including mining companies – the Office of the Coordinator-General (OCG). I made requests for clarification and information to a communications officer, but I was given a flat refusal. I submitted a complaint regarding ethical conduct of the officer and the department itself, sought an internal review, and then an external review with the Queensland Ombudsman. None of my efforts were successful.

After what I can only describe as a chain of exoneration and obfuscation where I am left with more questions than answers, I can make one clear statement:

The OCG are confident that they can refer to ‘Bravus’ rather than the listed proponents in their communications and in the commissioning of reports without consequence.

It might reasonably be expected that the OCG would use the names of the Adani entities it coordinates under the State Development and Public Works Organisations Act (SDPWO Act) in its communications, but a recent report on an investigation into allegations of environmental breaches on the North Galilee Basin Rail Project (NGBR) failed to identify Adani’s rail proponent or name the project where the alleged breaches took place and physical inspections had been conducted (including OCG staff). I wrote about how the OCG were “masking” the relevant project proponents in March and again in May this year.

The Office of the Coordinator-General and Adani: Masking the rail proponent

The Office of the Coordinator-General and Adani: Masking the rail proponent

A very questionable investigation: The OCG, Adani and public sector ethics in Queensland

A very questionable investigation: The OCG, Adani and public sector ethics in Queensland

24 Adani entities

How is it that a business name that is the product of re-branding came to be used as a substitute for the specific entities coordinated and regulated by the OCG? Why do media and NGOs take little to no interest in unpacking Adani’s corporate structure and branding? The answer to both questions starts with a look at the Bravus Mining and Resources website.

The Bravus privacy policy is effectively a guide to understanding the language in Bravus branded communications. It frames what is meant when “we” or “us” statements are used.

At Bravus Mining & Resources (being one or more of the companies listed in the Appendix at the end of this privacy policy) (“Bravus Mining & Resources”), we are committed to protecting your privacy.

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https://www.bravus.com.au/privacy-policy/

An archived version of Bravus privacy policy page:

https://web.archive.org/web/20220812145644/https://www.bravus.com.au/privacy-policy/

The appendix to the Bravus privacy policy lists 24 different Adani entities, none of which are ‘Bravus Mining and Resources’ which is listed with the Australian Securities and Investments Commission (ASIC) as a business name with no ABN or ACN listed. Among those 24 different Adani entities are Carmichael Rail Network Pty Ltd who possess all the rail approvals, are in line for a water licence, are responsible for the CCMR – Separable Portion 1/Stage B – North Galilee Water Scheme (NGWS) pipeline corridor, were the likely NAIF loan applicant, and are said to possess the royalty deed for the Carmichael mine; and Adani Infrastructure Pty Ltd who were central to the NGWS which is currently under review.

Quote from the Bravus privacy policy:

Appendix – Adani companies in Australia, which collect and use personal information

This list is accurate at the date of this privacy policy. For the latest list of Adani companies to which this privacy policy applies please contact our Privacy Officer.

MUNDRA PORT PTY LTD 61 150 498 098 150 498 098

ADANI ABBOT POINT TERMINAL PTY LTD 93 149 298 206 149 298 206

MUNDRA PORT HOLDINGS PTY LTD 94 150 520 835 150 520 835

MUNDRA PORT HOLDINGS TRUST 34 296 288 922 N/A

ADANI ABBOT POINT TERMINAL HOLDINGS PTY 17 154 644 685 154 644 685

ADANI MINING PTY LTD 27 145 455 205 145 455 205

ADANI MINERALS PTY LTD 32 151 649 740 151 649 740

GALILEE TRANSMISSION HOLDINGS PTY LTD 83 161 992 481 161 992 481

GALILEE TRANSMISSION PTY LTD 32 161 992 641 161 992 641

GALILEE TRANSMISSION HOLDINGS TRUST 98 979 077 365 N/A

ADANI AUSTRALIA COAL TERMINAL PTY LTD 77 163 186 383 163 186 383

ADANI AUSTRALIA COAL TERMINAL HOLDINGS 44 168 582 045 168 582 045

ADANI ABBOT POINT COMPANY PTY LTD 77 163 218 335 163 218 335

ADANI AUSTRALIA COMPANY PTY LTD 87 163 221 609 163 221 609

ADANI AUSTRALIA COAL TERMINAL FINANCE 62 601 738 578 601 738 578

ADANI ABBOT POINT HOLDING TRUST 14 212 294 591 N/A

ADANI AUSTRALIA HOLDING TRUST 80 796 296 329 N/A

CARMICHAEL RAIL PTY LTD 80 601 873 492 601 873 492

CARMICHAEL RAIL HOLDINGS PTY LTD 32 601 738 827 601 738 827

CARMICHAEL RAIL NETWORK PTY LTD 87 601 738 685 601 738 685

CARMICHAEL RAIL NETWORK HOLDINGS PTY 59 601 738 943 601 738 943

CARMICHAEL RAIL NETWORK TRUST 78 466 438 945 N/A

CARMICHAEL RAIL NETWORK HOLDINGS TRUST 52 857 090 548 N/A

ADANI INFRASTRUCTURE PTY LTD 16 606 764 827 606 764 827

Nothing official

When the media, NGO spokespeople and government departments repeat Adani’s statements without questioning if those statements should detail the entities regulated and coordinated under state and federal law, they are failing to properly inform the people. Adani Australia’s re-branding as Bravus was designed to suggest that its marquee company Adani Mining Pty Ltd, holder of the majority of environmental approvals and all Indigenous land use agreements, was the sole subject of the name change. Adani didn’t need to lie (though they kinda did and still kinda are), they simply anticipated the dearth of interrogation from the media and NGOs which allowed suggestion to do the work for them. It fooled me and everyone who wrote about the Bravus re-branding.

The Adani Mining Pty Ltd ASIC listing does not specify that they are trading as ‘Bravus Mining and Resources’. Adani Mining Pty Ltd are still the EPBC approval holder for both the Carmichael Coal Mine and Rail Project (CCMR) and the North Galilee Basin Rail Project, and hold all Indigenous land use agreements. The introduction of the ‘Bravus Mining and Resources’ business name/brand was not accompanied by any change of name on any documents on the public record.

A statement can be found below Adani media releases hosted on the Bravus website that predate the branding exercise. This statement asserts that the name of “Adani Mining” which we can reasonably assume is a reference to “Adani Mining Pty Ltd” was “officially changed” to “Bravus Mining and Resources”.

On November 5th, Adani Mining officially changed it’s name to Bravus Mining and Resources.

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https://www.bravus.com.au/adani-partners-with-decmil-in-another-win-for-regional-queensland/

Recent changes

Sometime between September 19, 2021 and October 23, 2021, the ASIC listing for Bravus Mining and Resources was amended to include the details of the business name holder, Adani Mining Pty Ltd, including an ABN, and a business and mailing address. I was able to establish this fact by comparing ASIC summaries downloaded on the dates listed. The amended ASIC listing is the first piece of evidence placed on the public record showing that Adani Mining Pty Ltd has an official connection to the Bravus Mining and Resources business name. It raises the question of why Adani Mining Pty Ltd took 11 months to include basic information about its new business name on the public record. Perhaps they saw the tweet I sent to Ben Smee on September 21 or the email I sent to an Adani legal counsel on September 20?

A comparison of ASIC summaries showing recently amended information

The law and proper communications

While the government departments have built-in exoneration mechanisms, the media and NGO spokespeople can choose to take a more interrogatory approach that takes account of the web of Adani entities that exist under the Bravus brand. In theory this is the professional responsibility of journalists and their editors, and should be the imperative reflected in the output of various NGOs. Think tanks and environmental law firms should be the leaders in this regard, but they are not. I suspect this is because narrative framing and funding for particular themed campaigns has left the NGO sector without the necessary agility to identify and respond to Adani’s marketing strategies. In the process of failing to interrogate Adani’s branding the environmental NGOs and the media leave us all misinformed. In adopting the branded nomenclature of ‘Bravus’ over the names of the Adani entities coordinated and regulated under Queensland legislation, the OCG have allowed the Bravus re-branding to determine their communications.

A very questionable investigation: The OCG, Adani and public sector ethics in Queensland

Context

In March I published a blog post about developments along the Adani rail corridor. I looked closely at the role of the Office of the Coordinator General (OCG) in providing accurate and timely information to the public regarding Adani’s rail proponent via media statements and approval milestone documents published at the direction of the premier.

Blog post link: https://wesuspectsilence.wordpress.com/2021/03/30/the-office-of-the-coordinator-general-and-adani-masking-the-rail-proponent/

In my March blog post I followed 2 lines of inquiry regarding the Adani proponent for rail, Carmichael Rail Network Pty Ltd (CRN). The first line of enquiry related to the OCG taking an excessive amount of time to announce that Adani had achieved it’s last approval milestone. The OCG responded by posting an update on the Carmichael Coal Mine and Rail Project (CCMR) “Project overview” web page, but did not provide an explanation for their tardiness. The second line of inquiry related to the OCG statements provided to regional media regarding the Mackay Conservation Group (MCG) & Environmental Justice Australia (EJA) complaint alleging environmental breaches by Adani contractors on the North Galilee Basin Rail Project (NGBR). It is this second line of inquiry that I’d like to return to here.

Confused communications

In the 6 weeks between the publication of my March blog post and the announcement that the OCG had completed it’s investigation, I spent my time contacting editors, chiefs of staff, and NGO staff to ask them to look closely at the details in the media reports and statements from the OCG. It is my firm belief that the OCG ought to publish statements and instruct investigators on the basis of its statutory responsibilities. By this I mean that the OCG should always make media statements that reflect the precise nature of the work they do, the projects they coordinate and the relevant proponents for those coordinated projects. My efforts to clarify communications were a complete failure. The Mackay Conservation Group, Environmental Justice Australia, The Courier Mail chief of staff, and ABC editors could have held the OCG to account or at least made specific assertions based on information published by the OCG at any time, but they did not.

My March blog post and my attempts to engage with media, NGOs and the OCG were focused around clarifying 2 facts; that the proponent for the project under investigation is Carmichael Rail Network Pty Ltd; and that the name of the project is the North Galilee Basin Rail Project. I made the assertion over the phone, via email and through social media that the OCG is an agency with powers to make statutory decisions (under statute, law or legislation) and it ought to use the names of the project and proponent for which they are responsible in all their communications.

The following statement was given to me by an OCG spokesperson on March 23, after they had initiated their investigation and presumably provided instructions to their investigators:

Carmichael Rail Network Pty Ltd was requested to, and did, provide information in relation to the alleged breach of conditions.

This statement alone does not confirm that the OCG were outright lying, but it does confirm what I expect should have taken place administratively under the State Development and Public Works Organisation Act (SDPWO Act).

Melanie Whiting’s March 19 article contains the quote for which I sought clarification from the OCG. A comparison of the statement sent to me and the one provided to Melanie Whiting shows that information was requested and received, according to the OCG, by both Bravus Mining and Resources (Bravus) and CRN.

Bravus staff answer the phones and do liaison from the same Brisbane office address they share with CRN. There is no separate contact point or spokesperson for CRN. This suggests to me that the OCG could offer as a defence, the argument that the information itself was passed on by Bravus staff, but relates to CRN:

“Bravus has supplied information requested by the Coordinator-General, including details of the alleged event,” a spokesman for the Office of the Coordinator-General said.

“The Coordinator-General has independently engaged experts in sediment and erosion control and stormwater management to review the information.

https://wesuspectsilence.wordpress.com/2021/03/30/the-office-of-the-coordinator-general-and-adani-masking-the-rail-proponent/

The investigation concludes

On May 19, the day after Melanie Whiting again provided a quote from an OGC spokesperson which suggests that Bravus is responsible for alleged breaches along the NGBR corridor, I contacted the OCG to seek clarification:

I’m requesting a statement from a spokesperson for the CG’s office indicating the Adani proponent to which the Office of the Coordinator General ‘specified’ ‘improvements’.

The statement provided to Melanie Whiting by a spokesperson for the OCG suggests that the rail contractors associated with the alleged breaches are engaged by Bravus, but the public record does not indicate which Adani entity made the contracts with Martinus, Siemens and BMD. All we know is that their contracts are for the ‘Carmichael Rail Network’:

The Office of the Coordinator-General has specified the improvements which Bravus and their contractors need to put in place.

https://www.themorningbulletin.com.au/news/probe-into-alleged-rail-line-environmental-breach-/4260761/

I provided a question to an OCG Senior Communications Officer after reminding them of the previous statement they had provided to me indicating that they had been in contact with, and received information from CRN:

I’m requesting a statement from a spokesperson for the CG’s office indicating the Adani proponent to which the Office of the Coordinator General ‘specified’ ‘improvements’.

The statement that was emailed to me in response left me perplexed:

The Carmichael Rail Network Pty Ltd (CRN) is the proponent for the Carmichael Rail Network project. As CRN is a Bravus entity, the Office of the Coordinator-General (OCG) has made reference to Bravus in the OCG’s media response regarding the investigation into erosion and sediment management.

On May 20 I again contacted the OCG Senior Communications Officer to confirm that my understanding of the facts and the functioning of the OCG were correct. I also requested clarification of the reasoning/basis behind the assignation of CRN as a “Bravus entity” along with links/references to any value documents and/or sections in the SDPWO Act that guide the staff of the OCG on the need for accuracy in their communications with the media and the public.

In reply I received a flat refusal to respond to any of my ongoing concerns including those regarding values around accuracy:

We appreciate your ongoing interest but have nothing further to add.

Please refer to our multiple responses since the start of the year.

I immediately followed up the flat refusal with a complaint to the Director of Ethics at People and Performance – Department of State Development, Infrastructure, Local Government and Planning. I asked them to consider the ‘Accountability and Transparency’ section of the Code of Conduct for the Queensland public service which quotes Section 9(c) of the Public Sector Ethics Act 1994 which reads:

are committed to managing information as openly as practicable within the legal framework; and

https://www.forgov.qld.gov.au/accountability-and-transparency-code-conduct

I also reiterated my concerns about the responsibility of the OCG to communicate the actual functions it performs under the SDPWO Act. I highlighted that the Water Technology (WT) report produced under instruction by the OCG was of particular concern:

I would ask that you be mindful of the project names for projects for which the OCG is responsible for coordinating under the SDPWO Act. I would ask that you consider how the OCG may have framed their instructions to Water Technology for their investigation and the impact those instructions may have had on the naming and identification of relevant proponents under the SDPWO Act.

On May 27 I received correspondence from the Assistant Coordinator-General in response to some of my unanswered questions. They were able to confirm that I had my facts right about the relevant proponents and provided me with links to code of conduct documents. I was also provided with a perplexing explanation for the erroneous and misleading title of the WT report:

The report was prepared in response to a review of parts of both the North Galilee Basin Rail project and the Carmichael Coal Mine and Rail project. The title of the report reflects the name of the joint proponents.

The reason this explanation perplexes me is that the title of the report contains the name of the mine proponent, not the rail proponent. The assistant CG does not even attend to that issue in their response. Bravus and CRN are joint proponents for the CCMR. CRN were enjoined as a proponent to deliver the rail component of the mine project which connects with the NGBR.

To make things absolutely clear in regard to the OCG’s published statements regarding Bravus and CRN as “joint proponents”; here is a quote from the CCMR *Project overview page that is published under the direction of the OCG:

Proponent

Adani Mining Pty Ltd and Carmichael Rail Network Pty Ltd (joint proponents), both wholly owned subsidiaries of Adani Australia, part of the Adani Group.

https://www.statedevelopment.qld.gov.au/coordinator-general/assessments-and-approvals/coordinated-projects/completed-projects/carmichael-coal-mine-and-rail-project

Bravus and CRN are not joint proponents of the ‘Carmichael Rail Network’. CRN are the sole proponent for the NGBR and joint proponent of the CCMR for the purposes of rail.

Here is a succinct description from a reliable source; a Supreme Court of Queensland document from proceedings brought against Ben Pennings, co-founder of Galilee Blockade:

Carmichael Rail Network Pty Ltd (“Carmichael Rail”) is the proponent and developer of a railway, approximately 200 kilometres long, which would connect the mine with the existing rail network in Central Queensland.

https://archive.sclqld.org.au/qjudgment/2020/QSC20-275.pdf

The Water Technology investigation

It needs to be understood that the WT investigation was primarily concerned with the allegations of environmental breaches along the NGBR corridor made by the Mackay Conservation Group who also urged that “other similar sites” be investigated:

WT have investigated the sites identified by the Mackay Conservation Group and other sites identified in the desktop review.

https://drive.google.com/file/d/1m_O9MmITyEXb7brkZoPd1b0-_ekZgw2U/view

*The Mackay Conservation Group put out a media release on May 19. You can follow the links to all the important documents from here: https://www.mackayconservationgroup.org.au/calls_to_strengthen_environmental_protection_adani

In the WT report the responsibility for adherence to environmental conditions imposed by the OCG was repeatedly attributed to “Bravus”. The introductory paragraph of the report titled ‘Erosion and Sediment Management Investigation: Carmichael Rail Network – Bravus Mining and Resources’ asserts that the OCG engaged WT to investigate alleged breaches by “Bravus”:

Water Technology (WT) were engaged by the Office of the Coordinator General (OCG) to investigate alleged breaches of legal obligations by Bravus at three locations on the Carmichael Rail Network Corridor to determine if a breach of conditions had occurred. This report details the nature of the alleged breaches and the results of our investigation.

https://drive.google.com/file/d/1m_O9MmITyEXb7brkZoPd1b0-_ekZgw2U/view

The MCG identified 3 locations within the NGBR corridor, therefore it is clear that the desktop review added the other locations. This would suggest that all or some of the locations identified in the desktop review were located on the CCMR – Separable Portion 1 (SP1) of the combined rail corridor, but the chainages listed that identify the additional locations for on site inspections are found along the NGBR corridor.

The site observations were completed on the 23rd and 24th March 2021 and included the three locations identified for investigation by MCG, and also two additional pre-selected locations by WT and one further location identified during the visit. Additional casual observations of the site works outside of the six specific locations were made during the course of the two-day site observations.

https://drive.google.com/file/d/1m_O9MmITyEXb7brkZoPd1b0-_ekZgw2U/view

It is likely that the scope of the investigation was widened to include locations along SP1 through the desktop review process. The green section in the map below, which was supplied by WT in their report, is the SP1 section of the CCMR. As you can see, no inspections by the WT team, OCG staff, Adani staff or contractors contractors were made outside of the blue and purple sections which represent the NGBR corridor.

*It’s important to note that the MCG incident report titled ‘Environmental Pollution Incident Report: Adani Carmichael Coal Mine and Rail Project, February 2021’ does not identify the proponent for the North Galilee Basin Rail Project. It identifies the wrong project name in the report title and uses the old name for Adani’s mine proponent in the text. Indeed the document is so inaccurate that, while preparing for my previous blog post, I mistook it for a document relating to alleged breaches from 2019.

The opening line in the MCG incident report wrongly identifies the project name:

This report by Mackay Conservation Group (MCG) aims to inform a formal complaint about

erosion and sediment controls failing at the site of the Adani Carmichael Coal Mine and Rail

Project in Central Queensland during December 2020.

https://d3n8a8pro7vhmx.cloudfront.net/dudgeonpointorg/pages/2311/attachments/original/1613606970/Environmental_Pollution_Incident_Report_-January_2021_-_Adani_%28Final%29.pdf?1613606970

This paragraph suggests that the author is not aware that the contiguous rail corridor, known since mid 2018 as ‘Carmichael Rail Network’, is a combination of the NGBR corridor and Separable Portion 1 of the Carmichael mine rail corridor after it was shortened by approximately 110 km some time in 2015-16:

These locations are in the Whitsunday Regional Council area, but sediment and erosion

control management failings may have occurred across the whole of the Adani Carmichael

Coal and Rail Project. Other similar sites should be investigated, including parts of the

project in the Isaac Regional Council area.

https://d3n8a8pro7vhmx.cloudfront.net/dudgeonpointorg/pages/2311/attachments/original/1613606970/Environmental_Pollution_Incident_Report_-January_2021_-_Adani_%28Final%29.pdf?1613606970

*

The WT report contains a summary of the Mackay Conservation Group incident report. As I mentioned, the MCG report wrongly identifies the relevant proponent, but instead of substituting the actual proponent for the NGBR (CRN) with the incorrectly alleged proponent (Adani Mining), the WT authors substituted the new name for the incorrectly reported proponent (Bravus). It’s hard to imagine how the OCG’s instructions and briefings lead to that substitution decision, but it had the effect of the WT report text not contradicting the media statements made by OCG spokespeople under the principle that “CRN is a Bravus entity”.

Here’s an exemplar of the inaccurate substitutions that WT authors may have been instructed/caused to make by the OCG:

Prosecute of Bravus for breaching their legal obligations in this case.

https://drive.google.com/file/d/1m_O9MmITyEXb7brkZoPd1b0-_ekZgw2U/view

It’s utterly clear to me that the intent of the MCG incident report and the accompanying letter from the EJA lawyer was that the Queensland government, through it’s relevant departments, conduct an investigation and make enforceable decisions under the relevant legislation to compel the relevant legal entities responsible for projects coordinated under the SDPWO Act to take the necessary measures to comply with existing or newly created environmental conditions. In light of that clear intent: would it not be in the interests of accountability and transparency that investigators are instructed to communicate the correct proponent even when the original incident report was in error?

The WT summary of the MCG incident report contained incorrect assertions of the responsibility of Bravus for alleged breaches. Contrast that against the summary of the EJA letter to Meaghan Scanlon. Carmichael Rail Network Pty Ltd is specified as the NGBR proponent the EJA letter, but this is not mentioned in the summary. The EJA summary also includes reference to the Riverine Protection Permit Exemption ‘approved entity’ number assigned to Carmichael Rail Network Pty Ltd in 2017, but without mentioning their name.

The only reference to the actual proponent responsible for the allegations that prompted the investigation was made in the WT authors response section:

We note that the Carmichael Rail Network Pty Ltd were added as approved entity for the purposes of the exemption requirements for a Riverine Protection Permit (Version 1.03) on the 19th of September 2017.

https://drive.google.com/file/d/1m_O9MmITyEXb7brkZoPd1b0-_ekZgw2U/view

The WT report authors made one reference to the body responsible for Adani’s rail corridor under coordination by the OCG while making dozens of references to the mine proponent Bravus in a report about breaches on a project for which the mine proponent are not responsible under the law. Something seems to be very wrong!

Some analysis

It looks to me that the OCG have consistently made every effort/taken the necessary steps to keep the name of the Adani rail proponent out of the frame to the extent that they are capable of causing the name to be published. I’ve been provided 2 perplexing statements for why the rail proponent name didn’t appear where statements and investigations regarding alleged environmental breaches related to the projects for which CRN are responsible under the SDPWO Act.

A clue to the OCG’s consistency could lie in the phrase “CRN is a Bravus entity”. It may be that the CG has nominated Bravus as the entity responsible for particular imposed environmental conditions under Section 54 of the SDPWO Act. I would direct the reader to section 54A ‘Application of div 8’. If section 54A can be satisfied and section 54B (3) is applied, then section 54V ‘Jurisdiction for conditions’ may allow the Coordinator-General to “nominate an entity that is to have jurisdiction for the condition[s]”.

My investigations thus far have revealed that Carmichael Rail Network Pty Ltd acquired significant Queensland government approvals and accreditations prior to the OCG changing the listed Adani proponent for the NGBR and rail component of the CCMR in June 2018. CRN made the AECOM contract, changed ultimate holding companies, and were mentioned in the North Galilee Water Scheme application documents as the Adani proponent for rail all while the NAIF controversy raged.

My working theory is that the Coordinator-General permitted Adani to install a new proponent without generating a public notice of any kind. I have checked my interpretation of the SDPWO Act with a staffer at the OCG and it is highly likely that with a single email to Adani Mining Pty Ltd the CG was able to facilitate ‘Change Request 1’ under sections 27AE and 35G of the SDPWO Act.

To put it in plain language: Under the act, if the CG decides that a request for a project change is unproblematic, they need not add anything to the public record. With a single email the CG was able to give Adani Mining Pty Ltd unlimited time operating with an unannounced proponent before causing information confirming a change of proponent to appear.

The working theory that I outlined in the last 2 paragraphs is based not only on research and right to information disclosures, but also on a conversation I had with senior project managers within the OCG. In September 2018 upon my discovering the change of listed proponent, I received a conference call from Karen Oakley and Heather Lopez; both project managers from the OCG. They asked me about my blog and mentioned that the CG had made a “statutory decision” giving Adani “unlimited time”.

Controversies and conclusions

With the recent federal court decision on the North Galilee Water Scheme (NGWS) there is likely to be a high level of scrutiny applied to the “water trigger”. Carmichael Rail Network Pty Ltd, as the mine rail proponent, are responsible for Separable Portion 1 which is also the NGWS ‘Stage B’ pipeline corridor. CRN are currently listed as a “prescribed entity” in the Queensland Water Amendment Regulation (No. 1) 2020 for the purposes of obtaining a water licence to add to their extensive accreditations and approvals. CRN are enmeshed into the scheme having been included in NGWS application documents and identified as the Adani rail proponent 18 months before their existence as the Adani rail proponent was ever acknowledged publicly.

The federal environment department is currently investigating a complaint regarding ‘Borrow Pit 7’ a quarry used to support the building of the rail corridor. No party involved in the making the complaint, conducting the investigation or reporting on it have been prepared to explicitly name the proponent responsible. As usual the media reports suggest Bravus is responsible with journalists like Ben Smee continuing to assert that Adani became ‘Bravus’ which is an inaccurate simplification of the re-branding of Adani Mining Pty Ltd after it had parcelled off it’s rail corridor to the former shell company, Carmichael Rail Network Pty Ltd.

As this giant coordinated project gets built and the environmental complaints roll in; agencies like the Office of the Coordinator-General will continue in their patterns of apparent prevarication; young journalists will obey their chiefs of staff and write what is expected and efficient; and NGO operatives will continue to labour under the capacity constraints and narratives that are assigned and reinforced by the philanthropically funded members of the StopAdani alliance. This is not the time to serve a narrative. It’s the time to speak the truth forcefully.

The Office of the Coordinator-General and Adani: Masking the rail proponent

I spent a good chunk of last week pestering the slow moving media officer at the Queensland Office of the Coordinator-General to explain why they were three months late updating the public on the final approval/milestone for the Adani Carmichael project, and why they recently gave NewsCorp a statement that I would describe as misleading in regard to the entity that is actually responsible for alleged breaches along the North Galilee Basin Rail Project (NGBR) corridor. In the end they provided me with a statement that indicated they received a February update from Adani, and a statement that correctly identifies the Adani entity responsible for the alleged breaches, Carmichael Rail Network Pty Ltd (CRN).

Carmichael Rail Network Pty Ltd – Rolling Stock Operator accreditation

To my mind the reason the approvals/milestones updates provided by the Office of the Coordinator-General are significant and require timely publication is because the Carmichael mine, rail corridor, port and other associated infrastructure represent an unprecedented conglomeration of projects overseen by a coordinator-general (CG) with unprecedented powers under the State Development and Public Works Act 1971.

In May 2019 the Queensland premier directed the Office of the Coordinator-General to monitor and expedite approvals. Part of their response was to provide updates to approvals in the form of a PDF hosted at the Carmichael Coal Mine and Rail Project (CCMR) webpage.

It is my reasonable contention that the general public would expect that updates are timely and accurate, and include all the relevant details such as the Adani proponent responsible for any particular approval. I have been unable to get clarification from the CG’s office as to why Carmichael Rail Network Pty Ltd are not mentioned in any of the update PDFs.

Here’s how the ABC reported the premier’s directive to the coordinator-general in 2019:

Queensland Premier Annastacia Palaszczuk has asked the Coordinator-General to oversee the approvals process for the Adani coal project saying both she and the community were “fed up” with waiting for the department to approve the Indian mining company’s environmental management plans.

https://www.abc.net.au/news/2019-05-22/adani-approvals-removal-environment-department/11138140

Approvals/milestones updates relate to both projects CCMR and NGBR but are only listed on the CCMR webpage and CRN are not mentioned in the updates.

The statement provided by the CG’s office in the October 2020 update document in association with rail approvals could have indicated which Adani entity was applying for rolling stock operator accreditation. The CG’s office would have been aware the mine proponent Adani Mining Pty Ltd (Bravus) had surrendered their rail accreditation in 2017 before rail safety accreditation was passed over by the Queensland Department of Main Roads and Transport (DTMR) to the Office of the National Rail Safety Regulator (ONRSR) in 2017/18.

Here’s the statement made by the CG’s office in association with the final rail accreditations in their October 2020 update:

Adani will continue to work with the Commonwealth Office of the National Rail Safety Regulator to obtain necessary approvals. This approval not on the critical path and the Coordinator-General will continue to monitor.

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https://www.statedevelopment.qld.gov.au/__data/assets/pdf_file/0021/22656/adani-outstanding-approvals-milestones-reached-01-10-2020.pdf

Click to access adani-outstanding-approvals-milestones-reached-01-10-2020.pdf

Here’s a statement made to me by a rail safety policy officer at DTMR in October 2018:

I can advise that the Adani rail transport operator accreditation was surrendered by Adani Mining Pty Ltd when the CRN entity was granted accreditation.

Stealthing the Adani shell company: Key dates for Carmichael Rail Network Pty Ltd

The CG’s office undertook to monitor developments around RSO approval. The RSO accreditation was granted on December 22, 2020, but the CG’s update was not published until March 26, 2021.

https://www.onrsr.com.au/__data/assets/pdf_file/0007/4975/National-Rail-Safety-Register-Accreditation-1-February-2021.pdf?fbclid=IwAR0jmsQt3jiIw5LiNFgsfjYN9Nfq86-f6wWjgnXccj_5VEyE0mkdb8pBFbQ

The CG’s office clearly did not monitor for RSO accreditation. If they had been monitoring the process they would have developed a relationship with the ONRSR to receive timely notice of new Queensland based accreditations. Instead the CG’s office relied on Adani to update them, it seems, in their own time.

Here’s the statement provided to me by a spokesperson for the Office of the Coordinator-General on March 26, 2021:

In a February 2021 monthly report, Carmichael Rail Network Pty Ltd provided advice to the Office of the Coordinator-General that “CRN has all ONRSR accreditations necessary to support the current construction activity”. The project webpage has been updated with this project information.

Adani updated the CG’s office some time in February 2021, but the CG’s office did not act on that information until pressured by me. If we assume the ONRSR published their accreditations register document on the date listed, February 1, 2021, then we can reasonably surmise that the monitoring responsibilities of the CG’s office did not extend to monitoring publications from the national rail safety regulator.

Here’s a link to the March 26, 2021 update document from the CG’s office:

Click to access adani-outstanding-approvals-milestones-reached-26-03-2021.pdf

Did the CG’s office deliberately avoid/delay providing an update on CRN RSO accreditation? That’s the question I would like to answer. We can say for certain that the CG’s office allowed Adani to set the timeline by waiting for them to report before taking action. It can also be deduced that the CG’s office had knowledge of Carmichael Rail Network Pty Ltd receiving the final approval/milestone at least 4 weeks before they published an update. We can be confident that if the CG’s office were actually monitoring the approvals process diligently they would have known about the RSO accreditation at least 8 weeks before they published their update. And if the CG’s office had a relationship with the ONRSR then they could have acquired knowledge of the final approval/milestone 3 months before they provided their update. We can be confident that Adani have known since December 22, 2020 that they had successfully received RSO accreditation.

Environmental Breaches on the North Galilee Basin Rail Project and the Mackay Conservation Group/Environmental Justice Australia complaint

The way language is used in law and under the legislation that governs the work of the Office of the Coordinator-General determines the need for a high level of specificity. The same is not always required for the media or NGOs. The media and NGOs can get away with using general terminology or avoiding specific language altogether. When the coordinator-general’s office are less than specific with the language they provide to the media and NGOs they can feed into the misrepresentation of facts.

On February 5, 2021 the Mackay Conservation Group (MCG) and Environmental Justice Australia (EJA) issued a media release alleging environmental breaches to conditions imposed by the coordinator-general (CG). These breaches are alleged to have taken place on the North Galilee Basin Rail Project (NGBR).

The original media release from MCG-EJA made no mention of Carmichael Rail Network Pty Ltd (CRN) nor does it assert that Bravus is the responsible entity. The media release does mention that the NGBR is the project in question. It’s not hard to do a quick search and discover that the proponent for the NGBR is CRN. Journalists could have easily obtained the correct information by clicking through to the letter sent by the EJA lawyer on February 3, 2021 to the Queensland Minister for the Environment and the Great Barrier Reef, Meaghan Scanlon in which the proponent is clearly specified.

From the media release:

MCG believes that conditions imposed by the Queensland Coordinator General (QCG) on Adani’s North Galilee Basin Rail Project to protect nearby waterways from contamination may have been breached. The conditions require the development and implementation of erosion and sediment control measures.

https://www.mackayconservationgroup.org.au/another_adani_environmental_breach_causes_pollution_to_queensland_waterways_says_local_community_group

Interestingly Adani’s response to the MCG/EJA media release and supporting documentation makes no mention of Carmichael Rail Network Pty Ltd or the North Galilee Basin Rail Project. No effort is made to make it clear Bravus is not the responsible proponent.

Today, anti-coal activist organisations Environmental Justice Australia and Mackay Conservation Group released a statement containing false allegations regarding sediment controls on Bravus’ Carmichael mine and rail project sites.

And

“Bravus Mining and Resources is constructing the Carmichael Mine and Rail Project, which comprises a 10 million tonne per annum thermal coal mine, located more than 300km inland from the Great Barrier Reef. It also includes a 200km narrow gauge rail line to connect the Carmichael Mine to the North Queensland Export Terminal via existing rail infrastructure.

Click to access 210205_ms_eja_sediment_control_allegations_final.pdf

The original letter sent by Ariane Wilkinson (EJA) on February 3, 2021 did specify that CRN are the NGBR proponent. The letter was linked in the February 5 media release.

We note that the failure to properly implement erosion and sediment controls on the NGBRP is part of a pattern of behaviour on the part of the Adani Group, including Adani Mining Pty Ltd, a related entity of the NGRP proponent, Carmichael Rail Network Pty Ltd.

Click to access 2020-02-03-Correspondence-from-Environmental-Justice-Australia-to-Minister-Scanlon.pdf

When ABC North Queensland journalist Myles Houlbrook-Walk reported on the MCG/EJA complaint he erroneously suggested Bravus were responsible. Neither the media release nor the EJA lawyer’s letter contain the assertion that Bravus were the responsible proponent.

Environmentalists have alleged Bravus (formerly known as Adani) failed to properly manage erosion at its inland rail project, potentially contaminating waterways, according to a complaint made to Queensland’s Department of Environment and Science.

https://www.abc.net.au/news/2021-02-05/bravus-formerly-adani-accused-of-environmental-breaches-erosion/13120172

Melanie Whiting (NewsCorp) picked up the story on March 19, 2021. In her reporting Whiting, like Houlbrook-Walk erroneously asserted that Bravus was responsible.

The group alleged this was because Bravus had failed to properly prepare construction sites on the rail corridor for the wet season.

The Whiting story included a quote from the CG’s office saying Bravus provided them the information:

“Bravus has supplied information requested by the Coordinator-General, including details of the alleged event,” a spokesman for the Office of the Coordinator-General said.

On March 23, 2021 the CG’s office provided me with a statement that says that CRN are responsible:

Carmichael Rail Network Pty Ltd was requested to, and did, provide information in relation to the alleged breach of conditions.

Did the CG’s office lie? I would contend that the CG’s office should communicate the name of the specific proponent of the project that is the subject of the complaint in question when providing statements to the media. I certainly think the CG’s office should make every effort to provide factual information to the media and the general public. Just because someone from the Bravus office communicated with the CG’s office in the provision of information, does not mean that Bravus provided information under the requirements imposed by the CG. Under the State Development and Public Works Act 1971 that governs the actions of the CG’s office, the legal entity and NGBR proponent that is listed on the NGBR project page which is hosted and maintained by the CG’s office is Carmichael Rail Network Pty Ltd. CRN are the entity from which the CG’s office sought and procured information and therefore the entity that the spokesperson for the CG’s office ought to have included in their statement to media reported on March 19, 2021.

Conclusions

Delaying the release of information and misrepresenting the source of information give advantage to Adani by masking the activities of the specific legal entity responsible for the extensive rail link that will cause damage along its entire length and open the Galilee Basin to decades of destruction. That legal entity was created for a reason that we don’t yet know and installed very quietly sometime before January 2017.

During my investigation into why alleged breaches by CRN were being reported as the responsibility of Bravus I discovered that the EJA lawyer had quit to go and work for WWF. The lawyer did not want to discuss the issue. When I spoke to a media person for EJA I discovered that nobody had been briefed to continue dealing with the media following the complaint. This went part of the way to explaining why neither EJA nor MCG had responded in any way to the Melanie Whiting story on their social media channels. My conversation with Peter McCallum from MCG on March 25, 2021 was much more cordial than my conversations with EJA staff, but I didn’t find an answer to the lack of attention paid to media reporting. It seems that between Adani, the media, the NGOs and the Queensland government there is no desire to report/communicate in a timely, accurate and diligent fashion. This advantages Adani’s interests against all others.

Stealthing the Adani shell company: Key dates for Carmichael Rail Network Pty Ltd

The public record shows us that four years ago Adani began negotiating with local councils under the corporate banner of Carmichael Rail Network Pty Ltd (CRN) for the purposes of developing their Galilee Basin coal complex businesses. But it wasn’t until March of 2018 that Adani formally advised the Queensland Coordinator General (CG) of the change of name of the proponent for the North Galilee Basin Rail Project (NGBR) from Adani Mining Pty Ltd to Carmichael Rail Network Pty Ltd, and the addition of Carmichael Rail Network Pty Ltd as the rail proponent for the Carmichael Coal Mine and Rail Project (CCMR).

I was prompted to prepare a log of key dates and the primary sources that confirm them when I discovered an RTI (Right to Information) disclosure made to Lock the Gate Alliance (LGTA) in July 2019. The disclosure related to the North Galilee Water Scheme (NGWS) application by Adani and contains the revelation that Adani regarded Carmichael Rail Network Pty Ltd as the proponent for the rail component of both the North Galilee Basin Rail Project and the Carmichael Coal Mine and Rail Project more than a year before they informed the Coordinator General of the change of proponent. Crucially the disclosure shows that the Queensland government were informed, on the eve of the senate estimates hearings into the Northern Australia Infrastructure Facility (NAIF), that Adani were running a new rail proponent. The release of the LGTA disclosure was made more than 2 years after the original RTI application, this time frame strongly suggests that LGTA made at least 2 appeals before achieving success.

Under the act that governs the functioning of the Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP) the Coordinator General can, in writing, permit a proponent to delay reporting a change of proponent details for an unspecified period. It is likely that at some point in late 2016 Adani requested written advice from the CG indicating that they had unlimited time to inform them of a change of proponent. My understanding of the relevant act, the State Development and Public Works Organisation Act 1971 (SDPWO Act), is limited, but it is plain to see that it confers extraordinary, and unprecedented powers and privileges for large scale and controversial mining developments. This makes interpretation of Adani’s actions, sanctioned by the Coordinator General, extremely difficult to analyse. I would argue that the various NGOs and think tanks networked with the Stop Adani Alliance and the Climate Action Network Australia (CANA) collectively possess the capacity to apply knowledge of the SDPWO Act to good effect. What remains to be done is to follow up previous RTI applications with targeted applications using the terms “Carmichael Rail Network” and “ Carmichael Rail Network Pty Ltd”.

It is clear that federal Liberal National Party (LNP) politicians were aware that Adani was running a secret proponent and it is clear Queensland Labor politicians were aware that Adani was running a secret proponent. Both parties had access to commercial in confidence information about the NAIF loan applicant. My question is why were Larissa Waters and members of the Stop Adani Alliance confident that they knew the name of the secret proponent? The crucial primary sources supporting the claims made in this document from Environmental Justice Australia (EJA), and this, and this article by Stephen Long are not available online. The first specific contention made by EJA and Stephen Long in the lead up to senate estimates hearings was that the Adani loan applicant was one of a group of shell companies which included Carmichael Rail Network Pty Ltd whose holding companies were housed in the Cayman Islands. The second contention was that Carmichael Rail Network Pty Ltd was the holder of the royalty deed. In the absence of primary sources, these claims, supported by people like Adam Walters – principal researcher and Energy Resource Insights, and associate professor Thomas Clarke – director of the Centre for Corporate Governance at UTS do not form a compelling case identifying which Adani entity was applying for the NAIF loan.

In a written question on notice to Matt Canavan’s portfolio in March 2017 Larissa Waters asserted that “the company that owns their proposal for the railway line is ultimately owned in the Cayman Islands”. The confidence shown by Larissa Waters in asserting that she knows which Adani entity was the NAIF loan applicant was not supported by publicly available documents or evidence that those documents exist. Either Larissa Waters’ confidence came from her belief in the voracity of the claims made by Stephen Long and EJA, or it came from knowing that Adani had communicated to the Queensland government 2 months earlier that they were running a different proponent to the one listed on the DSDMIP website. It’s quite possible that the rumour mill provided Larissa Waters knowledge of Adani’s statements to the Queensland government. Was the existence of Adani’s secret proponent an open secret?

As far as I can tell, not a single RTI application in Queensland contains the words “Carmichael Rail Network” or “Carmichael Rail Network Pty Ltd”. Only 2 RTI disclosures mention Carmichael Rail Network Pty Ltd. The Greens and StopAdani Alliance members were very concerned about the specific Adani proponent in line for the NAIF loan, but once the NAIF loan was vetoed that concern evaporated. There is little to no evidence that any Greens politician, Stop Adani Alliance member or CANA member have made any effort to analyse or reveal the nature and function of Carmichael Rail Network Pty Ltd.

Unpacking the part played by the Queensland and federal governments in masking the establishment of a new proponent necessarily requires the unpacking of the North Galilee Basin Rail Project and Separable Portion 1 (SP1) (the remnants of the rail line proposed for the Carmichael mine). As I have demonstrated repeatedly in my blog, the Greens, StopAdani Alliance and CANA have no interest in unpacking the rail corridor and the deals done to establish Traditional Owner consent.

Background from my blog

‘References to NGBR in reports by environmental organisations about the NAIF concessional loan to Adani: Briefing Document’

https://wesuspectsilence.wordpress.com/2017/09/01/references-to-ngbr-in-reports-by-environmental-organisations-about-the-naif-concessional-loan-to-adani-briefing-document/

Confirmation that the North Galilee Basin Rail Project is the Adani rail project being considered by the Northern Australia Infrastructure Facility

https://wesuspectsilence.wordpress.com/2017/09/08/confirmation-that-the-north-galilee-basin-rail-project-is-the-adani-rail-project-being-considered-by-the-north-australia-infrastructure-facility/

Unpacking the Galilee Basin shell game

https://wesuspectsilence.wordpress.com/2017/12/24/unpacking-the-galilee-basin-shell-game/

Parties to the Galilee Basin shell game: The Greens

https://wesuspectsilence.wordpress.com/2017/12/28/parties-to-the-galilee-basin-shell-game-the-greens/

Plan B, Separable Portion 1 and the new Adani proponent

https://wesuspectsilence.wordpress.com/2018/10/01/plan-b-separable-portion-1-and-the-new-adani-proponent/

Briefing: Adani’s Plan B rail corridor

https://wesuspectsilence.wordpress.com/2019/06/12/briefing-adanis-plan-b-rail-corridor/

Key terms

Carmichael Rail Network Pty Ltd (CRN)

Queensland Coordinator General (CG)

North Galilee Basin Rail Project (NGBR)

Carmichael Coal Mine and Rail Project (CCMR)

Right to Information (RTI)

Lock the Gate Alliance (LGTA)

North Galilee Water Scheme (NGWS)

Northern Australia Infrastructure Facility (NAIF)

Department of State Development, Manufacturing, Infrastructure and Planning (DSDMIP)

State Development and Public Works Organisation Act 1971 (SDPWO Act)

Climate Action Network Australia (CANA)

Liberal National Party (LNP)

Environmental Justice Australia (EJA)

Separable Portion 1 (SP1)

 

21 key dates

The following is a list of 21 dates that represent the advancement of Adani’s spearhead contribution to the creation of the Galilee Basin coal complex. Very few of the sources and links have been cited by The Guardian Australia, Fairfax, ABC or NewsCorp journalists, even less has been shared by the Greens, StopAdani Alliance or Climate Action Network Australia members. I have included screen grabs whenever possible and have captured the text from each to demonstrate that the source documents are authentic.

Date: Jan 27, 2016

Source: Whitsunday RC minutes

Subject: Material change of use for rail infrastructure

12.7 2016/01/27.23 20150644 – REFERRAL ENTITY RESPONSE –

STATE DEVELOPMENT AREA APPLICATION

FOR MATERIAL CHANGE OF USE FOR RAIL

INFRASTRUCTURE (RAIL PACKAGE 4) IN

THE GALILEE BASIN STATE DEVELOPMENT

AREA, CARMICHAEL RAIL NETWORK PTY

LTD

https://www.whitsunday.qld.gov.au/DocumentCenter/View/1999

Date: May 11, 2016

Source: Whitsunday RC minutes

Subject: Material change of use for rail infrastructure

12.1 2016/05/11.11 20150643 – REFERRAL ENTITY RESPONSE – APPLICATION FOR MATERIAL CHANGE OF USE FOR RAIL INFRASTRUCTURE (RAIL PACKAGE 3) IN THE GALILEE BASIN STATE DEVELOPMENT AREA, CARMICHAEL RAIL NETWORK PTY LTD

https://www.whitsunday.qld.gov.au/DocumentCenter/View/2327

Date: January 10, 2017

Source: RTI Disclosure 16-417 (A), DNRME

Subject: CRN listed in Adani water licence application

Due to the size of the Project, Adani Mining has progressed the assessment for much of the rail, and

the Port, separately to the CCP. The entire rail line from the mine to the Port of Abbot Point will be

approximately 388 kilometres (km) long, known as the Carmichael Rail Network (CRN). The

proponent for the CRN is the Carmichael Rail Network Pty Ltd as trustee for the Carmichael Rail

Network Trust.

https://www.dnrme.qld.gov.au/__data/assets/pdf_file/0010/1448461/16-417_A.pdf

Date: May 15, 2017

Source: DTMR rail safety correspondence and Rail Regulator’s Report

Subject: Rail transport operator accreditation

I can advise that the Adani rail transport operator accreditation was surrendered by Adani Mining Pty Ltd when the CRN entity was granted accreditation.

[ ]

Greg Robertson, A/Senior Manager (Rail Safety Policy) | Road and Rail Safety
Land Transport Safety | Customer Services, Safety and Regulation Division | Department of Transport and Main Roads

‘Rail Regulator’s Report 2016–17: A report on safety performance on the rail network in Queensland’. ‘Appendix 1: Accredited Rail Transport Operators as at 30 June 2017’.

https://www.tmr.qld.gov.au/Safety/Rail-safety/Rail-regulator-yearly-report

Date: June 6, 2017

Source: Daily Mercury – John McCarthy

Subject: AECOM contract

Mr Janakaraj announced a further contract for the Carmichael Rail Network linking Galilee Basin mines to Abbot Point.

https://www.dailymercury.com.au/news/breaking-adani-given-green-light-for-16b-megamine/3186322/

Date: Sept 8, 2017

Source: ASIC extract

Subject: CRN ultimate holding company change from Caymans to Mauritius

08/09/2017 484 Change To Company

Details

484D Change To

Ultimate Holding

Company

484N Changes To

(Members) Share

Holdings

08/09/2017 3 08/09/2017 7E9427173

Date: Sept 19, 2017

Source: We Suspect Silence blog and Riverine Protection Permit Exemption Requirements, Version 2.01, 13/11/2019

Subject: CRN made an ‘approved entity’

“On September 19, 2017 Carmichael Rail Network Pty Ltd was added as an ‘approved entity’ for the purposes of ‘Riverine Protection Permit Exemption Requirements’. The available documents don’t indicate if Adani Mining Pty Ltd have ever applied for, or been added as an ‘approved entity’.”

https://wesuspectsilence.wordpress.com/2018/10/01/plan-b-separable-portion-1-and-the-new-adani-proponent/

1.03 19/09/2017 Carmichael Rail Network Pty Ltd added as approved entity.

https://www.dnrm.qld.gov.au/?a=109113%3apolicy_registry%2friverine-protection-permit-exemption-requirements.pdf

Date: December 12, 2017

Source: Brisbane Times

Subject: NAIF loan veto

“My government provides formal notification to the Commonwealth that financial assistance should not be provided to Adani for the North Galilee Basin Rail Project,” she wrote.

https://www.brisbanetimes.com.au/politics/queensland/queensland-premier-writes-to-pm-to-veto-1-billion-adani-loan-20171212-p4yxn4.html

Date: March 14, 2018

Source: Whitsunday RC minutes

Subject: Material change of use and approval of lease

12.12018/03/14.09 20170846 – DEVELOPMENT APPLICATION FOR DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE -NON-RESIDENT WORKFORCE ACCOMMODATION (400 BED TEMPORARY CONSTRUCTION CAMP); AND OPERATIONAL WORKS – PETER DELAMOTHE ROAD, COLLINSVILLE, CARMICHAEL RAIL NETWORK PTY LTD

and

17.2Confidential Matters – Corporate Services 17.2.22018/03/14.25 APPROVAL OF LEASE CARMICHAEL RAIL NETWORK PTY LTD Moved by:P RAMAGE Seconded by: D CLARK Council resolves subject to the granting of Ministerial Consent under Section 236 (f) Local Government Regulation 2012 award the lease for Lot 87 SP 232119 to Carmichael Rail Network Pty Ltd for an annual lease payment of $250,000 (excluding GST) per annum for a term of two years.

https://www.whitsunday.qld.gov.au/DocumentCenter/View/3689

Date: March 27, 2018

Source: Letter from the Coordinator General

Subject: Change of proponent

Adani Mining Pty Ltd (Adani) Is aware that Carmichael Rall Network Pty Ltd as trustee for the

Carmichael Rail Network Trust {CRN) has submitted to your Department an application for

evaluation of environmental effects of proposed change to the North Galilee Basin Rail Project

Coordinator-General’s Evaluation Report on the Environmental Impact Statement (Change

Request 1), .Adani acknowledges and confirms that the proponent for that application Is CRN

and it applies to the NGBR Project.

http://services.dip.qld.gov.au/opendata/RTI/released-documents-rtip1819-036.pdf

Date: June 11, 2018

Source: Change of proponent disclosure RTI1819-036-DSDMIP

Subject: Confirmation of proponent details

From: Ece Azman

Sent:

To:

Monday, 11 June 2018 9:03 AM

Sam Redman

Cc: Corinne Templeton

Subject: RE: Two web requests – to be updated by Monday

Good morning Sam,

I am happy to confirm that your requested web updates for the Carmichael Coal Mine and Rail Project and the

North Galilee Basin Rail Project have been amended and now live.

http://services.dip.qld.gov.au/opendata/RTI/released-documents-rtip1819-036.pdf

Date: December 13, 2018

Source: Lenz Moreton – Revised Adjudication Decision

Subject: AECOM contract

B. REASONS. Background 1. AECOM Australia Pty Ltd (referred to in this adjudication as the “claimant”) was engaged bythe Carmichael Rail Network Pty Ltd (referred to in this adjudication as the “respondent”), to carry out engineering design services relating to the Carmichael Coal Mine and Rail Project involving the: 1. development of the Carmichael Coal Mine; and 2. development of the Carmichael Rail Network, constituting the “work”.

https://www.lenzmoreton.com.au/wp-content/uploads/2018/12/181213-Revised-Adjudication-Decision-desktop.pdf

Date: January 11, 2019

Source: Adani Mining Pty Ltd – EPBC Compliance Report North Galilee Basin Rail Project

Subject: Activites undertaken between October 2017 October 2018

Details of activities undertaken during report period

Early works activities undertaken included the

establishment of temporary fencing, clearing and

grubbing, filling and excavation and surveys

including environmental and cultural heritage.

Click to access ngbr_project_compliance_report_1_-_epbc_approval_2013_6885.pdf

Date: January 29, 2019

Source: Isaac RC minutes

Subject: CEO to negotiate and execute an interface agreement

11.5	Carmichael Rail Network (CRN) Interface Agreement
EXECUTIVE SUMMARY On 14 August 2018, Council authorised the Chief Executive Officer to “negotiate and execute an Interface Agreement regarding the CRN rail line interfaces with roads controlled by Council pursuant to section 60(1) of the Local Government Act 2009 (Qld)”. At that time, the draft Interface Agreement provided for two rail-road crossings, namely the proposed CRN rail line interfaces with Bulliwallah Road at Ch 353.654km and Stock Route U401 at Ch 322.100km. Due to the Carmichael Mine and Rail Project reconfiguration and the resultant proposal to maintain the current alignment of Moray Carmichael Boundary Road rather than to construct a realignment of the road, there is a new rail-road interface with Moray Carmichael Boundary Road. This Report provides further background with respect to the new rail-road interface with Moray Carmichael Boundary Road.
Resolution No.: 5838 Moved: Cr Jones Seconded: Cr Bethel That Council: 1. Extend the Chief Executive Officer’s authorisation to negotiate and execute an Interface Agreement regarding the CRN rail line interfaces with roads controlled by Council pursuant

https://www.isaac.qld.gov.au/downloads/file/768/confirmed-minutes—ordinary-meeting—tuesday-29-january-2019

Date: February 26, 2019

Source: Isaac RC minutes

Subject: Authorising negotiations with CRN

11.11 Infrastructure Access Agreement -Adani

EXECUTIVE SUMMARY

Council is requested to note the draft agreement and basis for negotiations with Adani Mining Pty Ltd (Adani) and Carmichael Rail Network (CRN) and to authorise the Chief Executive Officer (CEO) to progress negotiations.

Resolution No.:5894

Moved: Cr Vea VeaSeconded: Cr BethelThat Council:1. Notes the draft Infrastructure Access Agreement. 2. Authorises the Chief Executive Officer to continue negotiations with Adani Mining Pty Ltd and Carmichael Rail Network and report to Council again in March on progress and/or outcomes of negotiations prior to any formal agreement being reached.3. Acknowledge the effort and work from staff involved with getting this draft agreement to this point, in particular the Senior Advisor, former Executive Support Officer, Director Engineering and Infrastructure and Engineering and Infrastructure officers

https://www.isaac.qld.gov.au/downloads/file/770/confirmed-minutes—ordinary-meeting—tuesday-26-february-2019

Date: April 29, 2019

Source: Isaac RC minutes

Subject: Confidential deliberations on CRN inetrface agreement

PROCEDURAL MOTION:Resolution No.: 5973Moved: Cr Vea VeaSeconded: Cr LaceyThat Council close the meeting to the public at 12.06pm under Local Government Regulations 2012Section 275 (1) (h) to deliberate on confidential report 11.1 Infrastructure Agreement Update and report 11.2 Carmichael Rail Network Interface Agreement and confidential discussions relating to report 10.1 Division 4 – Appointment to Vacancy of Office – Shortlisting of Nominees.

And

CONFIDENTIAL REPORT

Closed under s275 (1) (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.11.2Carmichael Rail Network –Interface Agreement

EXECUTIVE SUMMARY This report is to provide Council with an overview of the content of the Carmichael Rail Network Interface Agreement for consideration and approval for execution.Resolution No.:5977 Moved: Cr Vea VeaSeconded: Cr JonesThat Council approve the Carmichael Rail Network Interface Agreement and authorise the Chief Executive Officer to execute and vary the Interface Agreement subject to:1. Consistency of the Interface Agreement with the Carmichael Mine Project Infrastructure Agreement; and 2. Satisfactory finalisation of the Interface Risk Management Plan (IRMP) Risk Assessment which is currently with an independent Rail Safety Consultant engaged by Council for review. Carried

https://www.isaac.qld.gov.au/downloads/file/775/confirmed-minutes—special-meeting—tuesday-9-april-2019

June 13, 2019

Source: Isaac RC minutes

Subject: Approval of infrastructure agreement with Adani

CONFIDENTIAL REPORT Closed under s275 (1) (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage. 11.1Infrastructure Access Agreement – Carmichael Mine and Rail Project EXECUTIVE SUMMARY Council is requested to approve the final draft agreement with Adani Mining Pty Ltd (Adani) and Carmichael Rail Network (CRN) and to authorise the Chief Executive Officer (CEO) to execute the Agreement. Resolution No.:6093 Moved: Cr JonesSeconded: Cr LaceyThat Council:1. Approves the final draft Infrastructure Access Agreement with Adani Mining Pty Ltd and Carmichael Rail Network 2. Authorises the Chief Executive Officer to finalise negotiations, execute, administer and vary the agreement to the extent that the variation or cumulative effect of the variations are not material. Carried

https://www.isaac.qld.gov.au/downloads/file/2013/confirmed-minutes-special-meeting-thursday-13-june-2019

Date: August 5, 2019

Source: Office of the National Rail Safety Regulator – Accreditations

Subject: Accreditation as a Rail Infrastructure Manager (RIM) 

Carmichael Rail Network Pty Ltd CRN RIM xxxxxxx QLD 1 July 2017 Variation 5 August 2019 Complete

https://www.onrsr.com.au/__data/assets/pdf_file/0007/4975/National-Rail-Safety-Register-Accreditation-21Jan20.pdf

Date: October 18, 2019

Source: Adani media release and FAQs

Subject: Martinus contract

MEDIA RELEASE 18 October 2019 Martinus Rail partners with Adani to deliver $100 million rail contractAdani today announced the more than $100 million rail contracthas been awarded to Australian-founded and operated Martinus Rail, with the contract being delivered out of Rockhampton.In a major win for regional Queensland, the contractor will base itself out of Adani’s newly opened Rockhampton Business Centre, ensuring Rockhampton businesses and people will be in prime position to participate in the contract delivery.Adani Mining CEO Mr Lucas Dow said that more than $450million worth of contracts hadalready been awardedon the Carmichael Project, the majority toregional Queensland areas.

https://www.adaniaustralia.com/-/media/191018%20-%20Adani%20partners%20with%20Martinus%20Rail

The Carmichael Project was redesigned in 2018 to be a 10 million tonne per annum mine and 200km railway, which will see 1,500 direct jobs and 6,750 indirect jobs created during ramp up and construction.

https://www.adaniaustralia.com/-/media/Project/Australia/Fact-sheets/ADI0117—Adani-Mining—Jobs-FAQ-V2.pdf

Date: November 8, 2019

Source: Adani media release

Subject: Decmil contract

Decmil will design and build three 400-bed temporary accommodation camps along the Carmichael Rail Network corridor.

https://www.adaniaustralia.com/-/media/191105%20-%20Adani%20partners%20with%20Decmil%20FINAL

Date: December 11, 2019

Source: Adani media release

Subject: Siemens contract

MEDIA RELEASE 11 December 2019

Siemens to deliver safety rail signaling systems for Carmichael Rail Network

After a significant competitive tender process, Siemens has been awarded acontract to deliverrail signaling systemsfor the Carmichael Rail Network.The digital system is designed to keep the trains running safely and efficiently. Siemens core technology helps avoid derailments, which secures aclean environment along the rail line.

https://www.adaniaustralia.com/-/media/191211%20-%20Adani%20partners%20with%20Siemens%20FINAL

ADANI MADE YOU A MAP: All frontline activists should keep one in their pocket

The Map

Adani made this map and gave it to the Queensland government in 2016. The Queensland government sat on it till it was revealed in a Right to Information disclosure in 2018. Whatever person or entity made the RTI application and first received the disclosure documents made no effort to share it with the public.

A map of the Traditional Owner groups along Adani’s preferred rail corridor, the North Galilee Basin Rail Project – released after February 20, 2018.

I’ve shared this map with all the appropriate journalists, politicians, NGO mouthpieces and activists. I’ve made every effort to present it to those who ought to have an opinion on what it shows us about stopping the means of export for Adani’s Carmichael coal mine. I wrote about this map shortly after I found it in May 2018.

The above map ‘Attachment 2 – Map of Traditional Owner areas’ was supplied by Adani to the Queensland Department of Natural Resources and Mines (DNRM) in March 2016. It was included in a RTI disclosure that was made at some point after the last document modification date of February 20, 2018. RTI 15-315 contains only content and communications generated between February 3 and April 3, 2016. The recipient of the RTI disclosure cannot be provided by DNRM staff and neither can the dates the disclosure was made available to the recipient and/or the public.

If we focused more on the political economy of the Galilee Basin coal complex we might see less aversive racism toward Traditional Owners

https://wesuspectsilence.wordpress.com/2018/05/29/if-we-focused-more-on-the-political-economy-of-the-galilee-basin-coal-complex-we-might-see-less-aversive-racism-toward-traditional-owners/comment-page-1/

 

This Week

The featured image for this blogpost uses the map to show the approximate location of the most recent Frontline Action on Coal direct actions in the Galilee Basin in the last week. I’ve been in contact with a journalist embedded with FLAC who captured the 2 direct actions on video and has provided me with a few location details.

The direct actions took place at the intersection of Separable Portion 1 and the Gregory Development Rd (Gregory Highway).

The direct actions on August 16 and 21 involved locking on to a drill rig on a section of Adani’s rail corridor beside the Gregory Development Road. The intersection of the rail corridor section known as Separable Portion 1 and the Gregory Development Rd is on Jangga People country.

As is always the case, the StopAdani alliance NGOs did not share content or news of FLACs direct actions. This has been happening for nearly 2 years. I wrote about it here and here.

The majority of Adani’s green field rail corridor is to be built on Jangga People country. The FLAC direct actions on August 16 and 21 represent the first of many. The StopAdani alliance member NGOs and their friends in the Climate Action Network Australia need to decide if they are more committed to the narrative they have constructed or laying the future of their institutions on the line in order to properly support frontline activists. All they have to lose is their charitable status and access to those dubious ‘impact philanthropy’ funding streams.

 

 

Understanding GERAIS (Guidelines for Ethical Research in Aboriginal and Islander Studies) Part 1: My abstract

This is the abstract I submitted for consideration by Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS), AIATSIS National Indigenous Research Conferences (ANIRC) Program Committee, for inclusion as a presentation at the 2019 AIATSIS National Research Conference: Research for the 21^st Century.

My proposed presentation was declined, but I’m sharing the abstract here because I believe my questions continue to be relevant.

Title	Green-Black Relations and the Galilee Basin Coal Complex: Political economy, aversive racism and public discourse
Paper Status	Declined
Presenting Author	Mr Michael Swifte

Abstract:

To have a belief in protecting nature while supporting the right of Traditional Owners/Sovereign First Nations to exercise autonomy is to hold two ideas in enormous tension. It is not for me as a non-Indigenous person to tell Indigenous people how to care for nature or who they ought to negotiate with in regards to rights and interests in country.

The public discourse is influenced by particular environmental and activist groups, but do these groups represent the truth of the political economy that Indigenous peoples are confronted with on a daily basis? How do these representations shape the public consciousness and influence decision making around resource extraction projects like the Galilee Basin coal complex?

My close examination of the public discourse, many phone calls to case managers at the NNTT and ORIC, and my reading of the work of Ciaran O’Faircheallaigh and Lily O’Neill has left me with two key questions: (1) What can be learned from academic inquiry that observes the Guidelines for Ethical Research in Aboriginal and Islander Studies? (2) How can independent researchers support the kind of critical inquiry that can contribute to a more informed public discourse regarding the native title system, environmental protection and resource extraction?

Briefing: Adani’s Plan B rail corridor

NGBR – EPBC compliant. January 2019

Early works activities undertaken included the establishment of temporary fencing,

clearing and grubbing, filling and excavation and surveys including environmental and

cultural heritage.

Compliance Report: North Galilee Basin Rail Project, EPBC 2013/6885, 13 October 2017
to 12 October 2018

https://www.adaniaustralia.com/-/media/NGBR-Project-compliance-report-1—EPBCapproval-2013-6885.pdf?la=en&hash=DEAA4E559A8C1F60EB7725334F81F7D6

New rail proponent for CCMR and NGBR

My RTI disclosure documents suggest that Qld DSD staff were aware of the change of
proponent at least a day before the CG received the letter from Adani Mining Pty Ltd
confirming the change of proponent for NGBR from Adani Mining Pty Ltd to Carmichael Rail Network Pty Ltd. DSD staff were notified of a meeting titled ‘Adani projects — Implications of proponent name change’ on March 26, 2018 while Adani Mining’s letter to the CG arrived March 27, 2018.

No communications about the change of proponent were made either in Hansard or
ministerial statements. The letter confirming the addition of CRN as joint proponent of the Carmichael mine project was received by the CG on April 23, 2018. The NGBR and CCMR project DSD web pages were updated on June 11, 2018.
http://services.dip.qld.gov.au/opendata/RTI/released-documents-rtip1819-036.pdf

Unresolved legal issues between CRN and AECOM

Adani rejected the ruling of the Queensland Building and Construction Commission.

‘Adjudication 399211: AECOM Australia Pty Ltd v Carmichael Rail Network Pty Ltd, 13

December 2018’

http://xweb.bcipa.qld.gov.au/ars_xweb/Pages/PDFViewer.aspx?APP_NO=00000000399211&SEQ_NO=2
‘Adani refuses to pay for work on Carmichael mine’. Mark Ludlow

https://www.afr.com/news/politics/national/adani-challenging-payments-to-aecom-for-workon-carmichael-mine-20190514-p51n3w

CRN ultimate holding company

Adani changed ultimate holding companies one month after the first hearing in the Senate inquiry into the NAIF.
ASIC documents show that Carmichael Rail Network Pty Ltd changed ultimate holding
companies on September 8, 2017. (retrieved on November 14, 2018).

484 08/09/2017 08/09/2017 3 08/09/2017 7E9427173

484 Change to Company Details

484D Change to Ultimate Holding Company

484N Changes to (Members) Share Holdings

Context and confusion about rail approvals

I reported in my blogpost ‘Plan B, Separable Portion 1 and the new Adani proponent’ that
the rail line for the Carmichael mine is a fusion of 2 separate sections belonging to 2
separate projects. I pointed out that Separable Portion 1 is the remnants of the east-west
narrow gauge line that constituted the rail component of the Carmichael Coal Mine and
Rail Project.

https://wesuspectsilence.wordpress.com/2018/10/01/plan-b-separable-portion-1-and-the-new-adani-proponent/
In April Josh Bavas wrote a piece that suggested that Adani could start digging the mine
without any other rail approvals.

The remaining plans will be required as the project moves through its various stages, just like any other project, but are not needed in order for us to start construction.

‘Adani yet to submit rail plans to Queensland Government’

https://www.abc.net.au/news/2019-04-12/adani-carmichael-mine-rail-plans-not-submittedpremier-says/10995030
On May 31 Margaret Gleeson writing in Green Left Weekly quoted a document hosted on
the Qld DSD website, Carmichael Coal Mine and Rail Project page titled ‘Details of
outstanding approvals’. This document was posted to the DSD web page on May 24,
2019.

‘Details of outstanding approvals’.

https://www.statedevelopment.qld.gov.au/resources/guideline/cg/details-of-outstanding-approvals.pdf
‘Is the Galilee Basin coal ‘bonanza’ a damp squib?’ Margaret Gleeson
https://www.greenleft.org.au/content/galilee-basin-coal-bonanza-damp-squib

Ian Macfarlane puts the NGBR project in perspective

What’s going to happen with the groundwater application and its potential approval is that any further applicants will have not only the infrastructure to get the coal out because the railway line will be there,

https://www.abc.net.au/news/2019-06-12/adani-approval-could-be-galilee-basin-ice-breaker/11194510?fbclid=IwAR3ic3G7DMM89F8qFfRaO-8zlYwKKAC7i-TQoi8gjEsi7o5cZ_omSGXKmV4

Plan B, Separable Portion 1 and the new Adani proponent

Plan B

Adani launched ‘Plan B’ on September 13, 2018.

Adani are retaining a 200 km section of the often quoted 388km “Carmichael Rail Project” (a fictional project). That 200km section is made up of the Carmichael Coal Mine and Rail Project (CCMR), Separable Portion 1 (SP1) – 78km and the remnants of the North Galilee Basin Rail Project (NGBR) which we can suppose is roughly 120km.

On September 14 I had a conference call with the media team at the Queensland Department of State Development, Manufacturing, Infrastructure and Planning (DSD). They asked me a lot of questions about my interest in when and how Adani had switched proponents for the NGBR and added a joint proponent to CCMR. I gave them my theories about the ENGOs, think tanks, the Greens, and non-NewsCorp newspapers avoiding mentioning the NGBR as it would highlight the Traditional Owners who signed with Adani in 2014.

At one stage in our call the DSD media people indicated that I may have to submit a right to information request to discover the date Adani made communication with them indicating that there was a new proponent, and the date the DSD website was updated. They also said something about there being “no time limit” for Adani to inform the DSD that there was a change of proponent. The idea that there is no time limit for a change of proponent leaves me with many questions about what it took to legally change proponents (for the world’s largest proposed coal project) and how easy it may have been for Adani to stealth in a new proponent, approvals, and accreditations. Indeed the approvals and accreditations granted by the DTMR and DNRM in May and September of 2017 have confirmed to me that it is absolutely necessary to identify the exact date and procedure for transferring proponents between companies within a conglomerate like Adani.

On September 19 I received a call back from Rebecca, the Adani media person. Rebecca was able to confirm that Adani had sent a communication to the Qld DSD in March 2018 asking to change the name of the listed proponent for the North Galilee Basin Rail Project (NGBR) and add a new proponent to the Carmichael Coal Mine and Rail Project (CCMR). They were also able to confirm that the DSD added the new proponent names to their website, ‘project overview’ pages in May 2018. It is on these DSD hosted pages that the key project information such as EIS documents are provided.

Here’s a link to the National Library of Australia web archive showing that on March 18, 2018 Adani Mining Pty Ltd were listed as the proponent for the NGBR.

http://webarchive.nla.gov.au/gov/20180324190301/http://www.statedevelopment.qld.gov.au/assessments-and-approvals/north-galilee-basin-rail-project.html

Here’s a link to the DSD project overview page for the NGBR which shows that the new proponent is Carmichael Rail Network Pty Ltd.

http://www.statedevelopment.qld.gov.au/assessments-and-approvals/north-galilee-basin-rail-project.html

The North Galilee Basin Rail Project became the Carmichael Rail Network when Plan B was announced

Accreditations and Approvals

On May 15, 2017 the Carmichael Rail Network Pty Ltd was accredited as a ‘rail transport operator’ by the Queensland Department of Transport and Main Roads (DTMR). On September 24, 2018 I sent a set of questions to DTMR asking them to provide information about how and when Carmichael Rail Network Pty Ltd applied for and received accreditation. I can expect a response by October 16, 2018.

Here’s a link to the download page for Rail Regulator’s Reports:

‘Rail Regulator’s Report 2016–17: A report on safety performance on the rail network in Queensland’. ‘Appendix 1: Accredited Rail Transport Operators as at 30 June 2017’. https://www.tmr.qld.gov.au/Safety/Rail-safety/Rail-regulator-yearly-report

It should be noted that, according to a report by Jenny Wiggins on September 14, 2018, the Carmichael Rail Network Pty Ltd had no employees and $1000 in assets at the end of the 2016/17 financial year. If this is the case then DTMR gave accreditation to nothing but a shell company.

Aecom’s contract was with Carmichael Rail Network, a subsidiary of Adani. But as its most recent annual report for the year ending March 2017, the Carmichael Rail Network had no employees and only $1000 in assets.

https://www.afr.com/business/infrastructure/rail/aecom-seeks-to-recover-17m-from-adani-from-work-on-abandoned-rail-project-20180914-h15e8y

The ABC’s Stephen Long reported in March 2017 that Carmichael Rail Network Pty Ltd were assigned the royalty deed sold to Adani by Linc Energy in August of 2014. Long described Carmichael Rail Network Pty Ltd as a “shell company”.

But in August 2014, in dire financial straits, Linc Energy agreed to sell the royalty deed back to Adani at a fire sale price: just $150 million.

The obvious course would have been to extinguish the royalty deed, because it represented a multi-billion-dollar liability for the mine which is ultimately owned by Adani Enterprises Ltd, the Bombay-stock exchange listed company.

Instead, the royalty deed “was assigned by Linc Energy Limited to Carmichael Rail Network Pty Ltd as trustee for Carmichael Rail Network Trust,” notes in financial reports of Adani Mining Pty Ltd say.

Carmichael Rail Network is one of a group of companies behind the proposed North Galilee Basin rail line, which Adani is currently seeking a subsidised loan of up to $1 billion from the Federal Government’s Northern Australia Infrastructure Facility to build.

“What this means is that one of the companies currently seeking up to $1 billion in public subsidy is going to profit to the tune of up to $3 billion if the mine goes ahead,” Mr Walters said.

Adani Mining Pty Ltd, the proponent of the Carmichael mine and the holder of its environmental approvals, appears to have lent Carmichael Rail the funds to buy the royalty deed.

A spokesman for the Adani Group said the subsidiary assigned to the royalty right was an Australian registered and regulated company and “as such it pays all applicable Australian taxes charges”.

http://www.abc.net.au/news/2017-03-14/adani-carmichael-coalmine-to-shift-millions-to-cayman-islands/8350704

Long’s reporting relied on analysis from the Adam Walters at Energy and Resource Insights based in Sydney. It appears that it was Walters who provided the Institute of Energy Economics and Financial Analysis, and Environmental Justice Australia intelligence regarding an Adani report to the Australian Securities and Investments Commission indicating that among the “proponents” for the “Carmichael Rail Project” is “Carmichael Rail Network Pty Ltd”.

2. According to company filings to the Australian Securities and Investments Commission

dated 1 July 2015, the Australian domiciled Carmichael Rail Pty Ltd and Carmichael Rail Network Pty Ltd as trustee for the Carmichael Rail Network Trust are the “proponents of the Carmichael Rail Project”.

https://envirojustice.org.au/sites/default/files/files/170316%20Ltr%20to%20BSE%20(NAIF%20loan%20applicant).pdf

It was announced on June 6, 2017 that AECOM had a contract to build the rail link from the Carmichael mine to the port. While some reports used the term “Carmichael Rail Network” none specified that the contract was not with the existing proponent (according to the DSD website) Adani Mining Pty Ltd who made ILUAs for the North Galilee Basin Rail Project in 2014 and who were responsible for satisfying ‘unprecedented’ environmental conditions in seeking approvals for the Carmichael mine and associated rail corridors.

At the time of the AECOM contract announcement Carmichael Rail Network Pty Ltd had held rail transport operator accreditation for only 3 weeks. The announcement of the AECOM contract preceded the publication of the 2016/17 regulator’s report which also shows that Adani Mining Pty Ltd had ceased to possess accreditation.

On September 19, 2017 Carmichael Rail Network Pty Ltd was added as an ‘approved entity’ for the purposes of ‘Riverine Protection Permit Exemption Requirements’. The available documents don’t indicate if Adani Mining Pty Ltd have ever applied for, or been added as an ‘approved entity’.

Riverine protection permits allow entities doing work around water ways of various types to conduct earth works. Exemptions are sometimes given by the Department of Natural Resources and Mines for significant works.

It is quite possible that no information was available about the ‘approved entity’ status of Carmichael Rail Network Pty Ltd until after the creation date for the below linked document – August 7, 2018.

1.03 19/09/2017 Carmichael Rail Network Pty Ltd added as approved entity.

https://www.dnrm.qld.gov.au/?a=109113%3apolicy_registry%2friverine-protection-permit-exemption-requirements.pdf

Separable Portion 1

In early 2015 Jerome Fahrer provided an affidavit on behalf of Adani in proceedings brought by Land Services of Coast and Country Inc and Conservation Action Trust. Included in the instructions from Peter Stokes, a partner at McCullough Robertson Laywers who were engaged by Adani Mining Pty Ltd are three intriguing points.

Given that Peter Stokes was engaged and presumably briefed by Adani, the significance of the revelations made in the three points under the heading ‘Rail alignment’, must be recognised.

Once you know what “SP1” is the picture becomes clearer. SP1 stands for Separable Portion 1, the first section of the proposed 189km rail component of the Carmichael Coal Mine and Rail Project (CCMR). As the points below show, in early 2015 it was known that less than half of the CCMR rail corridor was going to be retained.

14 As you know, Adani is proceeding with the North Galilee [Basin] Rail Project alignment in preference to the full rail alignment as set out in the EIS and SEIS. The investment associated with this has been calculated at $2.2 billion.

15 However, a portion (but not all) of SP1 as presented in the EIS and SEIS will also be constructed, representing the first approximately 70 kilometres of the rail leading from the mine itself. The investment associated with the whole of the rail aspect of the project is approximately $2.5B (inclusive of contingency and transactional costs).

16 The revised SP1 alignment will no longer connect directly with the existing Goonyella or Newlands rail system.

http://envlaw.com.au/wp-content/uploads/carmichael43A.pdf

The reason that the admissions made in the instructions to Jerome Fahrer are so significant is because they show that the “rail” component of the Carmichael Coal Mine and Rail Project (CCMR) had been reduced to less than half only months after the final approvals were given by state and federal governments.

The name of the CCMR suggests that its rail component is so significant that it needed to be included in the project name unlike most mines which do not include the rail component in the name. Indeed the majority of Separable Portion 1 is located on Jangga country. The Jangga People represented by Bulganunna Aboriginal Corporation made 2 ILUAs with Adani Mining Pty Ltd for both the NGBR and CCMR. The National Native Title Tribunal numbers for the two Jangga-Adani ILUAs are: QI2014/065 and QI2014/022.

The reality is that the rail component of the CCMR as indicated on the DSD website ‘project overview’ page was effectively severed from the mine project in late 2014 or early 2015. It’s likely that the Jangga People ILUA for the CCMR covers Separable Portion 1 and the Jangga People ILUA for the NGBR covers the remnant Plan B corridor which extends to the eastern boundary of the Jangga People’s determination area.

Separable Portion 1 is only mentioned in two types of documents: EIS documents for the Carmichael Coal Mine and Rail Project (CCMR), and two documents associated with Jerome Fahrer and the consulting firm he leads called ACIL Allen.

In my briefing in the lead up to the senate NAIF inquiry in 2017 I highlight an unreferenced statement about the composition of the 388km the “rail link” by ACIL Allen in their report for the NAIF inquiry commissioned by the Australian Conservation Foundation.

The rail link comprises the 78-km Carmichael rail project from the mining and processing operation to Mistake Creek, and the 310-km North Galilee Basin Rail (NGBR) project from Mistake Creek to Abbot Point. The NGBR facility will be accessible by other enterprises.

http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/NAIF/Submissions

Here’s a quote from an archive copy of the Adani Australia website, media releases section from November 1, 2015 (the earliest available).

The NGBR, the principal component of the company’s planned 388 km rail link from Carmichael to the port at Abbot Point, will be Queensland’s first standard gauge rail line, helping drive lower costs for Adani and other producers by with the longest, highest capacity trains for coal haulage in Australia.

https://web.archive.org/web/20160104010448/http://www.adaniaustralia.com:80/media/media-releases

The above statement is an acknowledgement of the reality of the fictional “Carmichael Rail Project”. If NGBR is the “principle” component, then Separable Portion 1 is the secondary component. By a fictional creation, a fake name that was unquestioned in the media, among ENGO spokespeople, and their think tank allies Adani masked the composition of their rail link. Through the withholding of information by both Adani and the Queensland and federal governments no reliable or intelligible information sources existed when needed. This created a situation where marginalised Traditional Owners, campaign groups, and the public could not analyse and determine what was really happening.

Additionally, the acknowledgements made in the instructions given by Adani Mining Pty Ltd legal representatives were entirely ignored by organisations like the Australian Conservation Foundation and Land Services of Coast and Country Inc. These organisations are well networked into the StopAdani coalition/alliance. Ignoring the significance of Separable Portion 1 may have strategically disadvantaged collective efforts at preventing the advancement of the Adani’s rail corridor plans.

The statement below from the introduction to the North Galilee Basin Rail Project (NGBR) EIS documents shows that Adani preferred the more direct route offered by the NGBR. I am left wondering if Adani ever intended to actually build the rail component of the Carmichael Coal Mine and Rail Project (CCMR). It seems quite possible that they pursued a less desirable corridor in order to attach a significant rail project to the mine. By presenting a fictional name for the connected rail projects created the suggestion that the NGBR was part of the mine project itself and not a separate project.

The proposed Carmichael Coal Mine and Rail Project includes a 120 km portion of dual gauge rail that will run west to east from the mine site to Diamond Creek, and a 69 km narrow gauge portion that will run east from Diamond Creek and connect to the Goonyella rail system south of Moranbah. This would enable carriage of product coal over the existing narrow gauge networks either directly to the Port of Hay Point (Dudgeon Point Expansion) or indirectly to the Port of Abbot Point. As such, the Carmichael Coal Mine and Rail Project rail infrastructure offers a short-term incremental solution that maintains port optionality, but is primarily only a medium – to long – term solution for export directly to Dudgeon Point.

Dual port capability for the export of coal is required by Adani to insure against potential force majeure conditions that may affect one of the mine-to-port supply chain routes. In addition, dual port capability will help to accommodate any future production increases from Adani and/or third-party mines in the Galilee Basin, which may exceed the capacity of one port. Given Adani’s interests in the existing and proposed export facilities at the Port of Abbot Point ( refer Section 1.4), a highly efficient, long-term and more direct transport route to the port was identified as a key business requirement.

https://s3-ap-southeast-2.amazonaws.com/adani/pdf/volume-1-chapter-01-introduction.pdf

Cut n paste journalists and busy people, could, and have quite reasonably assumed that the viability of the rail line would be impacted by any success achieved by the Wangan and Jagalingou Family Council in their efforts to stop the mine. These assumption were made possible by the absence of investigation of the political and economic context of the negotiation of ILUAs for the North Galilee Basin Rail Project. As I have pointed out many many times, the Stop Adani coalition/alliance NGOs and think tanks, the Fairfax, Guardian Australia, and ABC have consistently avoided investigating the reality of the diversity of Traditional Owners in the Galilee Basin coal complex area.

Here’s a map that was provided to DNRM in March 2016 and only made available in a right to information disclosure in February 2018. Neither Adani nor the Queens;land government saw fit to release this very enlightening map when it would have been valuable for public understanding. I have not been able to ascertain which organisation made the initial RTI (DNRM 15-315) that yielded this map. I am left to assume that they did not have an interest in sharing it with the public.