Green groups accuse the environment minister of failing to heed his officials’ own guidance on the risks to ornamental snake and yakka skink

This article is more than 5 years old

This article is more than 5 years old

The federal environment minister, Greg Hunt, has been accused of ignoring his department’s advice on two vulnerable species when approving what would be Australia’s largest coal project, Queensland’s Carmichael mine.

The Mackay Conservation group, which is challenging the mine’s approval in the federal court, has seized on the discovery of what it alleges is Hunt’s repeat of a “fatal” error made in the case of a proposed mine in Tasmania’s Tarkine forests in 2013.

The group argued Hunt has failed to take into account departmental advice on the Carmichael mine’s impact on the ornamental snake and the yakka skink.

It has amended its legal challenge in what it claims is a critical development in its fight against the mine, proposed by the Indian coal giant, Adani.

The group’s spokeswoman Ellen Roberts said Hunt had carried out an “unacceptable” breach of his own rules around environmental protection.

“The processes are in place precisely in order to protect vulnerable species from destructive projects such as this mine,” she said.

The federal environment department lists habitat loss as a key threat to both the yakka skink and the ornamental snake.

Adani's Carmichael mine: damage far outweighs benefits, lawyer claims Read more

A spokesman for Hunt rejected the claim his decision was in breach of environmental protection laws.

“The minister made his decision in accordance with the requirements of the Environment Protection & Biodiversity Protection Act 1999,” he said.

“As these matters are before the court it would not be appropriate to comment further.”



The Environmental Defenders Office NSW, which is acting for the conservation group, has cited as a precedent former Labor environment minister Tony Burke’s ill-fated approval of the Shree minerals mine in Tasmania.

It claims Burke’s decision was quashed on almost identical grounds after he failed to give due regard to conservation advice on the endangered Tasmanian Devil.

Its challenge to Carmichael, which will be heard in Sydney in August, also argues that Hunt did not properly consider the climate change impacts of burning coal from Carmichael, and Adani’s “poor” environmental record overseas.

A separate challenge to the Carmichael mine by the conservation group Coast and Country – including on economic and climate change grounds – was heard in Queensland’s land court in May. A decision is not expected until towards the end of the year.