Federal environment department considers approval of controversial Queensland coal mine amid criminal investigation

Fresh drone footage appears to show coal mining company Vitrinite continuing its alleged illegal mining, casting serious doubt on the strength of Australia’s environmental laws amidst an ongoing investigation.

This comes as the federal environment department this week indicated it may approve Vitrinite's new Queensland coal mine, despite an active investigation examining the coal company’s alleged unauthorised coal mining and clearing of protected koala habitat.

Vitrinite is currently under investigation by the the Department of Climate Change, Energy, the Environment and Water for allegedly clearing koala habitat and mining of coal at its Vulcan South site without federal approval. These acts could lead to a $657,300 fine or up to 7 years in prison under the Environment Protection and Biodiversity Conservation (EPBC) Act. Yet, despite the investigation, the department told Senators that the mine’s approval was progressing and they may grant it approval before completing their criminal investigation. 

Now fresh footage suggests Vitrinite has continued work at the Vulcan South site, undeterred by a federal investigation, and has cleared an additional two hectares of koala habitat that it has committed to preserving under the Vulcan South project. 

Conservation groups, including the Queensland Conservation Council (QCC), have sent a joint letter urging Environment Minister Tanya Plibersek to halt the activities (PDF 4.4mb) while the investigation is ongoing by using her powers to seek an urgent injunction from the Federal Court.

Queensland Conservation Council, Climate Lead, Jenny Brown said

DCCEEW's admission that they may approve the mine, combined with Vitrinite's continued mining during an active investigation, makes it clear that Australia’s environmental laws are, at best, flimsy and, at worst, completely broken.

Fresh footage reveals that Vitrinite has bulldozed habitat it vowed to protect, bringing roads alarmingly close to koala and greater glider sites and calling into question its entire application.

Queensland Conservation Council, alongside other environmental organisations, has issued a joint letter to Minister Plibersek, urging her to use her authority to halt Vitrinite’s activities until the investigation has concluded.

If Minister Plibersek doesn't use her powers to step in, it sends a disturbing message: that environmental laws are just for show, and it effectively tells big corporations that they can be caught red handed and still face no consequences.

Clearing protected habitat without federal approval is a serious offence under the EPBC Act, and failing to act would undermine public trust in our environmental laws.

We're urging Minister Plibersek to reject the Vulcan South coal mine outright. Approving this project would mean sacrificing over 500 MCG football fields of vital habitat—an irreplaceable loss for koalas, greater gliders, and Australia's biodiversity.

The apparent failure of DCCEEW to have yet taken strong action in this instance is troubling. This case also clearly makes the case for a stronger independent EPA that has the power to issue Environmental Protection Orders in cases such as this, and the need for the legislation currently before the senate to be negotiated through and passed.

• Email Minister Plibersek to demand halting the activities at Vulcan South

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