We Suspect Silence

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

Tag: conservation

Unpacking the Galilee Basin shell game

The “Carmichael Rail Project” listed on the Adani Australia website is a fiction. There is no such project listed with the Queensland Department of State Development. The “Carmichael Rail Project” is the fusion of the mine access rail component of the Carmichael Coal Mine and Rail Project, and the North Galilee Basin Rail Project.

screenshot.622

State Development map showing the west-east rail corridor for the Carmichael Coal Mine and Rail Project.

screenshot.623

State Development map showing the North Galilee Basin Rail Project corridor.

Galilee_Carmichael+Rail+Network

Part of the rail component of the Carmichael Coal Mine and Rail Project (78 km) added to the North Galilee Basin Rail Project (310 km) equals the “Carmichael Rail Project” (388 km), but that’s not the project name on this map.

The Adani Australia website lists three projects in Australia: the Carmichael Coal Mine, the Carmichael Rail Project, and Adani Abbot Point Terminal O. The links provided for the “Carmichael Mine Project” list the project as the Carmichael Coal Mine and Rail Project, and the links for the “Carmichael Rail Project” list the project as the North Galilee Basin Rail Project.

screenshot.608

The 2 Carmichael projects are misnamed. These project names are not the names listed with the Queensland Department of State Development.

The Queensland Department of State Development website lists the length of the North Galilee Basin Rail Project as 310 kms while the Adani website lists the length of the “Carmichael Rail Project” as 388 kms. The other 78 kms could only come from part of the rail corridor providing mine access to the Carmichael Coal Mine and Rail Project

mine_project_description_pdf

This map appears in the “Mine Location” subsection of the “Carmichael Coal Mine” section of the Adani Australia website. Interestingly the Adani brand and the name ‘Carmichael Coal Mine and Rail Project’ don’t appear on this map.

In my blog post The Galilee Basin Shell Game Continues I explained how ACIL Allen who prepared the Australian Conservation Foundation’s report for the senate NAIF inquiry broke down the numbers for the rail corridor length. They did not provide any references for these calculations or their certainty regarding the name of the rail project in line for the NAIF loan.

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.

The ACIL Allen report can be downloaded at this link: https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Economics/NAIF/Submissions

Another clue to the source of the 78 km figure may be in the document called Species Management Plan – Carmichael Rail Network SP1 prepared for Adani by Eco Logical Australia. This document can be located on the Adani Australia website in the “Carmichael Coal Project” section, in a table contained in the “Plans, Reports and Programs” subsection.

1. Carmichael Coal Mine and Rail Project, comprising the Carmichael Coal Mine and 77 km of rail line known as Separable Portion 1 (SP1)
2. North Galilee Basin Rail (NGBR) Project, comprising 311 km of rail from the connection with SP1 to the Port of Abbot Point.

It seems that some time before May 2016 when the Eco Logical Australia ‘Species Management Plan’ was published and after a document with the short title Mistake Creek Water Application was published in September 2013, the distance of Separable Portion 1 was changed from roughly 120 km to 77 km.

The rail line is divided into several different portions. This application is concerned only with Separable Portion 1 (SP1), which is known as ‘west rail’ which traverses approximately 120km from the Carmichael Coal Mine (mining lease area) east towards Moranbah.

screenshot.635

A map of the roughly 120 km Separable Portion 1 rail corridor as at September 2013.

At the heart of the Galilee Basin shell game are manipulations of nomenclature and information architecture by Adani Australia. Naming systems and the way supposed facts have been organised have helped shape the public perception on the coal complex development. It seems the Carmichael Coal Mine and Rail Project is really just a coal mine with the usual rail access. The 189 km west to east rail corridor indicated on the map in the ‘Mine Location’ sub-section of the “Carmichael Coal Mine” section of the Adani Australia website is never mentioned in either the “Carmichael Coal Mine” or “Carmichael Rail Project” sections. It seems that 111 km of those 189 km were dispensable. I’m sure the old aficionados of the shell game had a name for that move.

By omission, and by manipulation of project names, Adani Australia have constructed text that masks the true nature of the rail components of two projects listed with the Queensland Department of State Development. The actual names of the projects don’t appear in the relevant section of the Adani Australia website, and the rail corridor distances listed with State Development don’t appear either.

The text Adani Australia have constructed is designed to feed cut n paste journalism ensuring that key search terms don’t enter the general consciousness. The Adani Australia website is a primary source for the purposes of reporting on the Galilee Basin coal complex. The manipulation of project names and rail corridor distances limits members of the general public from possessing either the key terms for research and the key pieces of information to consider what might be happening on the ground in a crucial component of the development of the Galilee Basin coal complex.

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Do you want Indigenous autonomy and to stop Adani?

Warning: This blog post looks closely at the Juru people’s business and corporate relationships relating to the development of the Galilee Basin coal complex. I do this only to provide context to Juru Elder Carol Prior’s recent calls regarding the need for greater efforts to protect Juru country and to give consideration to the desires and ambitions of those who choose to work with mining companies, governments, and other bodies involved in regional development.

*For an understanding of Indigenous autonomy listen to this recent speech by Ciaran O’Faircheallaigh.

Everything I’ve included in the blog post below is provided to explain the type and extent of networks and incorporated entities that can inform our understanding of Carol Prior’s complaint against her Registered Native Title Body Corporate (RNTBC), Kyburra Munda Yalga Aboriginal Corporation (KMYAC).

I’ve focused on a very visible leader among the Juru people, Angelina Akee who is the 1st director of KMYAC. Ms Akee holds a number of positions that are of significance. Any day now we will discover if KMYAC have been placed under ‘special administration’ for failure to cooperate with 2 examiners appointed by the Office of the Registrar of Indigenous Corporations (ORIC) in September 2016 and May 2017.

Read my previous blog posts here for some background: https://wesuspectsilence.wordpress.com/2017/09/03/the-invisiblised-struggle-of-an-ally-who-will-take-notice-of-orics-show-cause-letter-to-kmyac/

 

Angelina Akee – Networks

 

Great Barrier Reef Marine Park Authority (GBRMPA)

Angelina Akee is a member of the Great Barrier Reef Marine Park Authority, Indigenous Reef Advisory Committee:

Angie is a Juru Traditional Owner and is the chair of the Kybra Munda Yalga Aboriginal Corporation which is the prescribed body corporate for the Juru Traditional Owners.

http://www.gbrmpa.gov.au/about-us/reef-advisory-committee/indigenous-reef-advisory-committee

A recent statement by Agelina Akee and Gavin Singleton at the GBRMPA Reef Summit 2017:

First nations people of Australia continue an age old long established spiritual and physical bond with the Great Barrier Reef that has existed for over 60,000 years. The Reef is a place that is highly significant for sustaining cultural celebration and community wellbeing for over 70 Traditional Owner groups. Recent events occurring on the Reef, both natural and manmade have had a disastrous impact on its state of health. Our tears of joy when connecting with the reef as young people has turned to tears of deep sadness as elders. We watch this wonder of the natural world show us that it needs our immediate care. We the first nations people of Australia send an urgent call to all people of the world to please give us your help to turn back the clock of deterioration. We believe it is no longer a question of resilience but a desperate need for intervention. With deep respect, we call out to all global citizens and international story tellers who have, in the past, and wish to in the future, experience the majesty of the Reef, to walk with us on this journey of courage, to give back her dignity, by nursing her back to health. We the first nations people of Australia, acknowledge the Great Barrier Reef World Heritage Area is a natural wonder and a global asset and as such requires solutions to come from the global village to stop this tragedy from happening in our lifetimes. Let us be a generation of action and restoration. We must ensure the universal songlines of the Great Barrier Reef continue to endure for many generations to come. Indigenous Reef Advisory Committee (Great Barrier Reef Marine Park Authority) 2017

http://elibrary.gbrmpa.gov.au/jspui/bitstream/11017/3203/1/GBR-Summit-proceedings-and-outputs-report.pdf

 

North Queensland Land Council (NQLC) – Townsville/Ayr Ward

Angelina Akee is on the board of directors of the North Queensland Land Council and is responsible for the Townsville/Ayr ward.

http://www.nqlc.com.au/files/9414/7908/0841/NQLC_Annual_Report_2015-2016.pdf

Statement by Angelina Akee upon the 3rd consent determination from the Federal Court, June 22, 2015:

The Juru People can now move forward with a strategic plan for the management of our land and sea country. This highlights the importance of recognition of the our people’s land and sea. – Angelina Akee (Kyburra Chairperson and NQLC Director)

https://nqlc.com.au/files/3614/4184/9047/20150902_MS_Q3_FINAL_WEB_v2.pdf

 

Local Networking

2015 Bowen Basin Mining Club – contractor networking event 2015

Photos:

1. Angie Akee with Adani, Department of Aboriginal and Torres Strait Islander (DATSIP) Partnerships, and Department of State Development Infrastructure and Planning (DSDIP) staff

screenshot.443.jpg

2. Juru Enterprises Limited (JEL) staff Trevor Prior and Damein Aidon

screenshot.444

https://issuu.com/miningadvocate/docs/qia_march_2015

 

KMYAC and JEL connection

Juru Enterprises Limited provide employment, health, education, and cultural services within the Juru determination area boundaries including jobs in the mining industry.

Facebook post: https://www.facebook.com/pg/Juru-Enterprises-Limited-1505795609645605/posts/

Juru Enterprises Limited

20 January

Juru Enterprises will no longer receive any bursary funding.
Please contact Kyburra Munda Yalga
5 Charles Street Gulliver, Townsville QLD 4812
E-mail: admin@kyburramundayalgacorp.com
Phone: (07) 47281117
Fax : (07) 4775222

In 2014 shortly before voting meetings on the ILUA with Adani over the North Galilee Basin Rail Project, KMYAC and JEL held their AGM and an SGM at the same event.

Facebook post: https://www.facebook.com/pg/Juru-Enterprises-Limited-1505795609645605/posts/

Juru Enterprises Limited

27 March 2014

Good Afternoon Everyone

A Special General Meeting will he Held in:
Townsville at the Centre Base Child Care, 33-37 Aitken Street Aitkenvale on the 29.04.2014

This Special General Meeting is to movie a resolution to Amend the Constitution to Accept the Rosie Wake Family.

Agenda:
5:00pm Dinner (Buffet Style)
6:00pm Kyburra Munda Yala Corporation – AGM
6:45pm Juru Enterprises Special General Meeting
Close of Meeting 9:00pm

Letters will be Mailed out to Juru Members this week

Thank you

An excerpt from the May-August 2014 edition of the JEL newsletter:

Adani Mining In July, a delegation of Juru representatives will be meeting with representatives from Adani Mining to discuss employment opportunities for the Juru people. While in Brisbane, the delegates will also be meeting with prospective Adani contractors to discuss the possibilities of joint ventures.

http://www.juruenterprises.com.au/assets/newsletter-issue-4.pdf

 

Kyburra Munda Yalga Aboriginal Corporation

Documents from the Office of the Registrar of Indigenous Corporations show that Angelina Akee is a director of Kyburra Munda Yalga Aboriginal Corporation.

http://register.oric.gov.au/reports/generatereports.aspx?rpt=cmpext&fmt=pdf&concernID=2035210

 

 

 

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

 

Yesterday, in response to questions on notice arising from the August 11 hearing of the Senate Inquiry into the Governance and Operation of the Northern Australia Infrastructure Facility (NAIF), The Australia Institute and the Department of Industry, Innovation and Science (DIIS) provided detailed answers relating to their knowledge about the NAIF. A series of answers provided by Senator Canavan’s Industry, Innovation and Science Portfolio to questions on notice was referenced and quotes provided that show that on two occasions, the first in February and the second in May, Senator Canavan informed senators of the name of the specific project that Adani and the NAIF were considering, the North Galilee Basin Rail Project (NGBR).

Senator Canavan not only mentioned the name of the project, but he also contradicted earlier statements that naming the project would breach “commercial in confidence” provisions with the NAIF. No submissions to the NAIF inquiry referenced Senator Canavan’s answers to questions on notice that named the Adani project. Nobody at the hearing mentioned the senator’s answers even though at least two of the NGO submissions mentioned NGBR. The transcript from the NAIF inquiry shows that both Tom Swann representing The Australia Institute and David Barnden representing Environmental Justice Australia discussed the Renee Viellaris exclusive from December 2, 2016 which broke the news of the Adani-NAIF loan and is cited in TAI’s ‘Don’t be so Naif’ in reference to working assumptions that NGBR is the specific rail corridor under consideration.

The TAI and DIIS responses are downloadable here:

http://www.aph.gov.au/sitecore/content/Home/Parliamentary_Business/Committees/Senate/Economics/NAIF/Additional_Documents

The Australia Institute provided a response to questions on notice to the Senate Economics Committee dated September 5, 2017 which includes references and quotes from two key documents from Senator Canavan’s portfolio QoN numbers SI.36 and AI.70.

Quote:

ANSWER

During Senate Estimates on 20 October 2016, the Office of Northern Australia took a

question on notice on behalf of NAIF.

The Answer was submitted on 16 February 2017 by the Office of Northern Australia:

“Adani is one of the 13 projects. Adani has expressed interest in accessing the NAIF

for purposes of supporting the North Galilee Basin Rail Project”.9

Reference:

SI-36 Waters, Larissa Office of Northern Australia Adani 16/02/2017

9 http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/economicsctte/estimates/sup16

17/Industry/index

Quote:

22 May Office of Northern Australia advises Senate Estimates:

“there has been no public formal announcement from Government.

The NAIF had informed the Minister via email that Adani had

consented to disclose the following: ‘Adani has expressed interest in

accessing the NAIF facility, for the purposes of supporting the North

Galilee Basin Railway Project.’”xliii

The ONA does not say what date this information was provided.

Reference:

AI-70 Waters, Larissa Office of Northern Australia NAIF interaction with Minister’s office 23/05/2017

http://www.aph.gov.au/~/media/Committees/economics_ctte/estimates/add_1617/Industry/answers/AI-70_Waters.pdf

I have communicated with Tom Swann via Twitter and asked “Who knew about SI.36 when they were at the senate NAIF inquiry?”, he confirmed that at the time of the August 11 hearing he was aware of SI.36 saying “I did, but couldn’t recall date\ number etc. Who would’ve thought Committee demand evidence Adani’s had applied?!”.

In fact Tom Swann knew of the existence of SI.36 in early July. His report titled Palaszczuk’s Promise’ which makes no mention of the NGBR and has a creation date of July 10, 2017 references SI.36 in relation to a February 2016 letter:

Quote:

On 18 February 2016 the Queensland Treasurer Curtis Pitt wrote to the federal government requesting that it consider a subsidised loan of nearly $1 billion to Adani for its rail line, via the Northern Australia Infrastructure Facility (NAIF).4

Reference:

SI-36 Waters, Larissa Office of Northern Australia Adani 16/02/2017

4 http://www.aph.gov.au/~/media/Committees/economics_ctte/estimates/sup_1617/Industry/answers/SI-36_Waters.pdf

Reference:

Palaszczuk’s Promise’

http://www.tai.org.au/sites/defualt/files/Swann%202017%20Palaszcuk%20subsidies%20for%20Adani.pdf

 

The Department of Industry, Innovation and Science provided written responses to questions on notice to the Senate Economics Committee in a document created September 7, 2017 which includes a clarification citing the same key document referenced by TAI, QoN number SI.36.

Quote:

Senator Hume: We don’t even know whether Adani is approved or part of the due diligence process or short-listed (transcript page 16).

Clarification: Question No. SI-36, SI-140, Supplementary Budget Estimates, 20 October 2016, confirmed that the Adani Group has expressed an interest in the NAIF.

 

QoN SI.36 was created by Senator Canavan’s portfolio and published on February 20 in response to questions placed on notice at the Senate Estimates, October 20, 2016. QoN SI.33, SI.35, and SI. 39 which were all created by the senator’s portfolio and published on or shortly after December 16, 2016 argue that “commercial-in-confidence” considerations include details like the name, proponent and location of NAIF projects. It’s clear that in naming the project in SI.36 and AI.70 the senator has contradicted himself.

I will go through each question on notice and explain how naming the project automatically gives you the location and proponent.

SI.33

Quote:

In accordance with Clause 17(2) of the Northern Australia Infrastructure Facility Investment Mandate Direction 2016, within 30 business days of an Investment Decision, the NAIF must publish information regarding all transactions on its website, subject to commercial confidentiality, including:

a) the name of the Project Proponent;

b) the goods/services involved;

c) the location;

d) the type of Financing Mechanism; and

e) the amount of the Financing Mechanism.

Reference:

SI-33 Waters, Larissa Office of Northern Australia NAIF Proposals 15/12/2016

http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/economicsctte/estimates/sup1617/Industry/index

SI. 35

Quote:

ANSWER

I can confirm that discussions have occurred between Adani Australia representatives and the Northern Australia Infrastructure Facility in respect of their rail project in the North Galilee Basin. These discussions are commercial-in-confidence and we are unable to provide any further information.

Reference:

SI-35 Waters, Larissa Office of Northern Australia Meetings between NAIF and Adani 16/12/2016

http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/economicsctte/estimates/sup1617/Industry/index

SI. 39

This answer is emphatic about not naming the project or proponent.

Quote:

The location and name of the projects are commercial-in-confidence.

One formal proposal has been submitted and this has progressed to due diligence phase. The location and name of the project is commercial-in-confidence.

In accordance with Clause 17(2) of the Northern Australia Infrastructure Facility Investment Mandate Direction 2016 (Investment Mandate) within 30 business days of an Investment Decision, the NAIF must publish information regarding all transactions on its website, subject to commercial confidentiality, including:

a) the name of the Project Proponent;

b) the goods/services involved;

c) the location;

d) the type of Financing Mechanism; and

e) the amount of the Financing Mechanism.

Reference:

SI-39 Ketter, Chris Office of Northern Australia Funding under the NAIF 15/12/16

http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/economicsctte/estimates/sup1617/Industry/index

*Once you have the name ‘North Galilee Basin Rail Project’ you can easily find this link which provides you with the project proponent and the location: https://www.statedevelopment.qld.gov.au/assessments-and-approvals/north-galilee-basin-rail-project.html

Larissa Waters’ line of questioning at the March 2, 2017 senate estimates is interesting. By this time the senator would have seen the response to QoN SI.36 and accessed the relevant Queensland Department of State Development documents and seen that Adani Mining Pty Ltd were the NGBR project proponents. But in QoN AI.71 she asks a question for which she ought to know the answer.

Quote:

QUESTION No.: AI-71

1. Can you shed any light at all on which Adani company has applied for financial assistance? The reason we’re interested is that the company which owns the Carmichael mine (Adani Mining Pty Ltd) is ultimately owned by a company registered in the tax haven Mauritius, and the company that owns their proposal for the railway line is ultimately owned in the Cayman Islands. The company that owns the Abbot Point coal port is also owned ultimately in the Cayman Islands.

Reference:

AI-71 Waters, Larissa Office of Northern Australia Adani loan 22/05/2017

http://www.aph.gov.au/Parliamentary_Business/Senate_Estimates/economicsctte/estimates/add1617/Industry/index

Having read the submissions, the August 11 hearing transcript, responses to questions on notice; because I prepared a blog post dedicated to references by environmental organisations to the North Galilee Basin Rail Project in relation to the North Australia Infrastructure Facility, and because none of those reports ever mentioned Senator Canavan naming the project, I’m left scratching my head wondering how the hell did this happen? Nobody pointed out that the senator had expressly stated it would be a breach of commercial-in-confidence guidelines to name the project and somehow nobody thought to mention the existence of SI.36 and AI.70 in the NAIF senate inquiry.

‘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/

The Invisiblised Struggle of an Ally: Who will take notice of ORIC’s ‘show cause’ letter to KMYAC?

This is an article about two stories that tell a little of the struggles of a group of native title holders who’ve become marginalised from the corporation their people were compelled to form in order to make a claim on their traditional lands and negotiate for the protection of important places, access to country, and a stake in the economic development of the region. What makes these two stories important is that they are all that exists in the mainstream, alternative, and environmental media in Australia. This is in spite of the fact that this struggle revolves around a controversial mining company and a very controversial proposed rail line that will ensure that the largest coal complex in the world can be opened up. Negotiations over land use agreements for the proposed rail line were held under the threat of compulsory acquisition and subject to the usual unequal and opaque processes that native title holders are made subject to under the Native Title Act.

The bodies responsible for arbitrating and regulating Indigenous corporations play a part in my article. Much of the information I gathered from them was hard-won. I can’t say that either the arbitrator or the regulator prioritise information giving or have consistent practices/knowledge organisationally. They certainly are not geared up to support a blackfella marginalised from their Indigenous corporation. The ‘show clause’ letter mentioned in the title is the regulator’s third attempt at compelling the Indigenous corporation to cooperate and allow their dealings with the controversial mining company to be put under scrutiny.

A largely ignored story

On October 20, 2014 the ABC published a story by Isobel Roe titled ‘Native title holders lodge objection to proposed North Galilee Basin rail project’. 

Here’s the opening line of the story:

The Juru people are the traditional owners of land that Adani Mining is using to build the North Galilee Basin rail project.

The second line explains how there exist allegations of poor information giving around negotiations over an Indigenous Land Use Agreement (ILUA) with Adani:

They said most of the traditional owners did not know what Adani’s plans were and were unable to attend information meetings, including a forum in Townsville.

The third line explains what action Carol Prior and her fellow native title holders were going to take:

Chairwoman Carol Prior said they were lodging an objection with the Native Title Tribunal because they had not been properly consulted.

In my conversation with an unnamed National Native Title Tribunal (NNTT) employee on May 23, 2017 I was able to gather information relating to Adani/NGBR ILUAs that for unknown reasons is not available on the NNTT website or anywhere else. I was told that following the second vote on the ILUA that is listed with the NNTT under tribunal number QI2014/072, a ‘notification’ period of one month starting Oct 21, 2014 was made available for KMYAC members to lodge objections to the ILUA. I was told by the NNTT employee that no objection was lodged. Not only was there no objection lodged by Carol Prior or her fellow native title holders, but no objections were lodged against any of the three ILUAs relating to the North Galilee Basin Rail Project (NGBR) that were voted on, lodged, and registered between August 2014 and April 2015.

For background on the NNTT see my blog post titled ‘The National Native Title Tribunal: Arbiter or “record keeper”?’.

 

Another largely ignored story

On Oct 21, 2016 the Townsville Bulletin published a story by Samantha Healy titled ‘Calls for Aboriginal corporation to hand over its books’.

The story outlines how Carol Prior and fellow KMYAC members have made a complaint to the regulator of Aboriginal corporations which involves allegations of mismanagement and “financial irregularities” relating to payments from Adani amounting to more than 2 million dollars.

The story quotes the complaint document:

“It is our submission that Kyburra has actually received monies from Adani Mining Pty Ltd during 2014-15 in the amount of $1.225 million.”

and

“In addition, a Cultural Heritage Management Plan is in place and Adani transferred $825,000 to Kyburra for cultural heritage survey activities.”

I first called ORIC on April 19, 2017 and was told that ORIC had received a report from the examiner and would publish something in “3 weeks”. I called ORIC again on May 1 and confirmed that “May 10ish” was the date when something would be published. On May 15 I called ORIC again and spoke to a case manager who read sections of what I’ve now come to discover was the draft report from the first examiner appointed in September 2016. A senior ORIC media officer would not confirm the voracity of any of the quotes I took from my conversation with the case manager. I cover this phone call in my blog post titled ‘ORIC to redo examination into Indigenous corporation involved in negotiations with Adani’.

Here’s a section from that blog post with quotes from the case manager reading from the draft examination:

The case manager explained to me that because the first examination “wasn’t completed properly” due in part to instances when the examiner was “unable to access the [Indigenous] corporation” and unable to access “other” parties. The case manager also revealed “we had issues obtaining information”. 

I put some questions to the senior ORIC media officer via email and was able to confirm that an incomplete draft examination report was submitted to ORIC on March 6, 2017.

Here’s a quote from the ORIC senior media officer on July 31, 2017:

On 6 March 2017 Mr James Barrett lodged with ORIC a draft examination report which was incomplete. A final examination report was never lodged with ORIC.

Between March 6 and May 10 ORIC decided that they would need to appoint a new examiner and when they posted the new Notice of Examination they removed the previous notice. The senior media officer would not explain why the the old notice was removed.

 

Corporate Failure

In June, 2017 I had an in depth conversation with Dr James Swansson, author of a research paper prepared for ORIC called ‘Analysing key characteristics in Indigenous corporate failure’. Dr Swansson indicated that the data he used was at least 10 years old and the research paper itself was published in 2010.

The research paper outlines the types of corporate failure and the role of ORIC in regulating and responding to various circumstances that Indigenous corporations may encounter. I explained the context of the examinations into KMYAC to Dr Swansson and was advised that KMYAC would likely fail to cooperate with the second examiner.  This is precisely what the release by ORIC on August 25, 2017 of a ‘show cause’ letter threatening “special administration” demonstrates has happened. ORIC are exercising their powers under the CATSI ACT in response to repeated refusal by KMYAC to cooperate with the appointed examiner.

Here’s a quote from the ‘show cause’ letter issued by Ruth Jones, Delegate of the Registrar of Indigenous Corporations:

I am writing to tell you that I am considering putting the Kyburra Munda Yalga Aboriginal Corporation RNTBC (ICN 7581) (the corporation) under special administration under Division 487 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act).

An Aboriginal corporation charged with negotiating an ILUA with Adani over a rail corridor that is widely reported to be the rail corridor earmarked for a I billion loan from the Northern Australia Infrastructure Facility (NAIF) is alleged to have received upwards of 2 million dollars from Adani in 2014/15 without disclosing those funds in published financial statements. This Aboriginal corporation has failed to cooperate with two examiners, the first a solo operator, and the second a large firm with offices in Townsville.

Carol Prior has carried her message of voting irregularities and mismanagement of negotiating processes over a crucial ILUA from her Oct 2014 interview to her Oct 2016 ORIC complaint. In the intervening period she has been involved in media and events associated with various conservation organisations and environmental NGOs. They’ve mentioned her name and spoken of how they want to protect her country, they asked her to sign their open letters and attend their events, they call her “Aunty” but they’ve never share any of what you just read. No spokesperson, journalist, activist, or blogger has ever published anything outside of the two largely ignored stories I just shared with you.

 

 

 

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

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

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

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

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

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

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

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

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

 

Who are Podesta’s players?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Calling the shots.

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

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

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

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

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

Michael West, ACF and the Dirty Deeds report: An incredible silence

The Australian Conservation Foundation (ACF) have claimed that they will “pursue all avenues”  to stop the 1 billion Northern Australia Infrastructure Facility (NAIF) loan that was broadly reported in early December, 2016. I will show here that there are many reasons why one of those avenues should be telling the truth and not staying silent in the face of the shell game played by Adani, all levels of government, senior editors, and quite probably the impact philanthropists who drive the green movement.

Michael West prepared the Dirty Deeds report for ACF, but nowhere in the report is there any reference to the North Galilee Basin Rail Project. NAIF and Matt Canavan have never named the rail project for which the loan is earmarked, and they have never named the Adani entity that has applied for the loan.  I would argue that this lack of confirmation is no reason for an investigation that completely ignores a rail project for which there have been significant developmental goals achieved.

A bad example.

In December Greenpeace released their ‘Off Track: Why NAIF can’t approve the Carmichael Rail Project’ report which cites the ‘North Galilee Basin Rail Project, EIS Executive Summary’ in reference to the exclusivity of “the rail line”.

Greenpeace effectively invented a project called the “Carmichael Rail Project” which kept the name of the actual rail project under investigation out of the spotlight. No project with the name “Carmichael Rail Project” is mentioned on any Queensland Department of State Development publications, nor does any other environmental group use this contrived proper name. The two projects in question are called the Carmichael Coal Mine and Rail Project (CCMR) and the North Galilee Basin Rail Project (NGBR).

Off Track: Why NAIF can’t approve the Carmichael Rail Project

Off Track_rail line_6

Off Track_reference_6_NGBR_EIS

A good example.

The Environmental Defenders Office Queensland (EDO Qld) in their April 18, 2017 update titled ‘North Galilee Basin Rail approvals and NAIF’ take the position that it was “broadly reported” that the NAIF loan was earmarked for the NGBR and as such consideration should be given to the elements of that particular project. Just like all of us, they are required to work with provisional assumptions in the absence of a primary source provided by NAIF showing precisely which Adani entity is applying for the loan and which particular rail project would receive funding. This was the first time that EDO Qld has issued an update or advice about the NGBR.

http://www.edoqld.org.au/north-galilee-basin-rail-approvals-and-naif/

 

Getting the content right and wrong.

Gail Burke and Dea Clarke prepared a piece on December 3, 2016 that was cited by EDO Qld in their April update and by Greenpeace in their Off Track report. It now contains a map showing both the CCMR and the NGBR. Before I got in contact with Gail Burke on December 3 the image shown in the article showed only the CCMR.

http://www.abc.net.au/news/2016-12-03/adani-carmichael-rail-line-closer-to-federal-loan/8089790

Gail Burke_Dec 3_before

Screen grab of the image attached when the article was first posted showing the Carmichael Coal Mine and Rail Project

Gail Burke_Dec 3_after

Screen grab of the image attached after my communication with Gail Burke showing the North Galilee Basin Rail Project not mentioned in the article

Gail Burke_response_NGBR image

Screen grab of the reply from Gail Burke

 

How do we know?

350.org.au created an archive copy of the Courier Mail exclusive from December 3, 2016 by Renee Viellaris. This piece has become the compromised primary source for information about the Adani NAIF loan application. No other digital copy of this article is available online.

https://350.org.au/press-release/courier-mail-adanis-2b-rail-on-track-for-jobs-boom/

The Sydney Morning Herald & The Guardian Australia reported the content of the CM article on December 3 which includes mention of NGBR and various details from the CM exclusive.

Joshua Robertson

https://www.theguardian.com/business/2016/dec/03/adani-coal-mine-green-groups-fume-over-plan-for-1b-federal-loan

Michael Koziol and David Wroe

http://www.smh.com.au/federal-politics/political-news/turnbull-government-eyes-1-billion-adani-loan-backed-by-new-infrastructure-fund-20161204-gt3joz.html

 

2 key industry players we don’t talk about.

In contradiction to the assertion by Greenpeace that “the rail line” will be “exclusive”, Resolve Coal who have their proposed Hyde Park mine site adjacent to the proposed Carmichael mine site claim to have an “existing” MOU with Adani.

https://www.hydeparkcoal.com.au/project

Resolve coal_MOU_Adani

Screen grab from the Hyde Park coal website

On their web page titled ‘BIODIVERSITY OFFSETS FOR MAJOR GALILEE BASIN PROJECTS’ CO2 Australia specify that they delivered offsets for both CCMR and NGBR.

CO2 Australia_NGBR_offsets

Screen grab from the CO2 Australia website

 

Others bother to name the project.

The Australia Institute ‘Don’t be so Naif’ report was cited multiple times by Michael West in the Dirty Deeds report and mentions NGBR describing it as the “specific proposal under consideration”.

Dont be so Naif_NGBR

Screen grab from ‘Don’t be so Naif’

 

3 Indigenous Land Use Agreements relating to the North Galilee Basin Rail Project signed with Adani Mining PTY LTD in 2014.

Juru

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/072

Birriah

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/080

Jannga

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/065

 

The 2 rail projects.

Carmichael Coal Mine and Rail Project

http://statedevelopment.qld.gov.au/assessments-and-approvals/carmichael-coal-mine-and-rail-project.html

North Galilee Basin Rail Project

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

 

Largely ignored by Australian media.

Recent and very clear statements made by Adani spokespersons and Adani Australia CEO Jeyakumar Janakaraj in the Economic Times of India.

March 17, 2017 http://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/adanis-australian-project-to-generate-22-billion-in-taxes-and-royalty/articleshow/57692866.cms

Adani statement standard gauge Economic Times 17 March 2017

Screen grab shared by me on Twitter at or around the time of publication

May 4, 2017 http://economictimes.indiatimes.com/industry/indl-goods/svs/metals-mining/adani-signs-steel-supply-deal-with-australian-group-arrium/articleshow/58512122.cms

Adani_JJ_statement_May 4 NGBR

Screen grab shared by me on Twitter at or around the time of publication

 

The “combined project” and “critical infrastructure” announcement.

Jackie Trad announced that the NGBR was part of a ‘combined project” and “critical infrastructure” last October.

http://us8.campaign-archive1.com/?u=541717bc9163bd82c24975b72&id=c59bb2b298&e=fd675b2531

screenshot.264

Screen grab: October 13, 2016. Jackie Trad announcing the creation of the Adani Combined Project

Queensland Law Society, October update following the combined projects announcement.

file:///C:/Users/User/Downloads/doc20161019_Legislation_update_No41_2016.pdf

RTI disclosure showing stakeholder and bureaucrat communications leading up to the combined projects, critical infrastructure announcement.

http://services.dip.qld.gov.au/opendata/RTI/DSD/documents-for-publication-RTIP1617-030.pdf

QCF response to combined projects

https://wbbec.files.wordpress.com/2016/10/ltr-to-qld-premier-re-adani-critical-infrastructure-declaration.pdf

 

Stop the means of export.

In the Dirty Deeds report Michael West shares the questions he presented to the office of the Minister for Trade, Tourism and Investment, Steven Ciobo. The second of the 3 questions intrigued me:

“2. Has the Minister discussed this kind of solution (as the rail line is dependent upon the mine being built and Efic is already devoting resources to assist NAIF in project evaluation)?”

I would argue that the rail line is not dependent on the mine getting built, but rather the rail line getting built will assure that the many mines proposed for the Galilee Basin get developed. The rail line is the means of export that makes opening up the Galilee possible, and a greenfield, vertically integrated, multi-user standard gauge rail line is the most profitable way of delivering the necessary economies of scale to justify investment in the Galilee Basin.

Compromised Primary Sources and the Galilee Basin Shell Game

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

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

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

The ‘Notice of Examination’ that could reveal Adani’s dirty dealings in securing the NGBR corridor.

One of the Indigenous Land Use Agreements (ILUAs) that makes the North Galilee Basin Rail Project possible could have been scuppered, or at least had a spot light pointed at it, if Adani hadn’t pulled the sort of scammy behaviour Twiggy Forrest would be proud of. That’s what I believe based on Carol Prior’s testimony from October 2014 and ongoing challenges to the Kyburra Munda Yalga Aboriginal Corporation (KMYAC) the representative body for the Juru native title claim.

Testimony:

“A lot of them didn’t show up and a lot of them don’t know what’s going on,”

“They don’t even know what’s in the ILUA [Indigenous land use agreement] or the auxiliary agreement because in both of them, when I was there around the negotiating table, there’s a confidentiality paragraph in there where you’re not able to talk about it to your family.”

Carol Prior and 4 other KMYAC members won a Notice of Examination on September 30, 2016 from the Office of the Registrar of Indigenous Corporations allowing it to be given full and free access to the corporation’s books. KMYAC were responsible for negotiations involved in the signing of ILUAs with Adani. The 5 KMYAC native title holders have concerns about “financial irregularities” and accountabilities, but they also have concerns about the exclusion of Juru people from negotiations.

Concerns:

“It is our submission that Kyburra has actually received monies from Adani Mining Pty Ltd during 2014-15 in the amount of $1.225 million.

“In addition, a Cultural Heritage Management Plan is in place and Adani transferred $825,000 to Kyburra for cultural heritage survey activities.”

screenshot.118

The Juru ILUA signed with Adani and the Kyburra Munda Yalga Aboriginal Land Corporation was the first of 3 ILUAs making the North Galilee Basin Rail Project possible.

#StopAdani #Keepitintheground #NGBR #ILUA

Key articles:

Native title holders lodge objection to proposed North Galilee Basin rail project

http://www.abc.net.au/news/2014-10-20/native-title-holders-lodge-objection-to-proposed/5826168

Calls for Aboriginal corporation to hand over its books

http://www.townsvillebulletin.com.au/news/calls-for-aboriginal-corporation-to-hand-over-its-books/news-story/e693fce3968570b53931b9bf9810f65f?nk=edc9bc18ba7fc11278a22ebc3e1bdd60-1490768902