Exclusive: Aurizon, which is in negotiations with Adani, accused of bullying ‘concerned citizens’

This article is more than 1 year old

This article is more than 1 year old

The freight rail operator Aurizon has launched legal action against five environmental activists and is seeking $375,000 in compensation for a series of recent protests that stopped coal trains.

Aurizon lodged a statement of claim in the Queensland supreme court in January against the group Frontline Action on Coal (Flac) Incorporated, seeking “user-rent” from the organisation as damages for five separate protests in December and January that blocked the rail line.

The case is due in court on Thursday. Ahead of the hearing Aurizon has sought to also name the individual activists as co-defendants in the case.

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Ben Pennings, speaking on behalf of the five activists, said the action amounted to “unashamed bullying of concerned citizens”.

“While their peers attend school strikes around the globe, these passionate young people face bankruptcy for their selfless acts of bravery,” Pennings said.

The rail operator is in legally mandated negotiations with Adani, which is seeking access to the Queensland freight network to link to the planned Carmichael coalmine. Protests targeting Aurizon appear designed to pressure the network operator to block Adani.

Aurizon first launched court action against Flac Inc in December 2018, seeking an injunction restraining the organisation and its members from trespassing on to the rail corridor to conduct protests.

Flac Inc gave an interim undertaking in December not to procure or incite any person to do so.

In January, Aurizon filed a lengthy statement of claim that sought to link Flac Inc to five subsequent protest actions.

“Aurizon does recognise that everyone has a right to express their opinion but not when it is done illegally and comes at the expense of safety,” an Aurizon spokesman said. “Unfortunately, high-risk protests on the rail corridor have continued and increased in recent months. We are concerned it only may be a matter of time before someone gets seriously injured or killed.

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“Aurizon makes no apology for pursuing all legal options to protect the safety of our people and the first responders and the integrity and efficiency of our operations.”

Flac Inc spokeswoman Hayley Sestokas said Aurizon had “the capacity to lead the way” in addressing climate change.

“Instead, this $8.3bn company is attempting to silence dissent by targeting our small volunteer organisation,” she said. “Aurizon and Adani have got it very wrong if they think legal attacks will get them off the hook for ignoring scientific consensus and the majority of Australians.

“Instead of pursuing peaceful protesters, Aurizon should be assessing their own business model, which is clearly failing to adapt in response to the climate emergency we are facing.”