Nagana Yarrbayn Wangan & Jagalingou Cultural Custodians 

Media Release 

2 May 2024

Urgent request for Ministerial intervention falls on deaf ears

Expert independent scientific evidence ignored

Crown attempts to strike out case – decision pending

Proceedings in Nagana Yarrbayn Wangan & Jagalingou Cultural Custodians -V- Department of Environment, Science and Innovation (DESI) commenced in the Queensland Supreme Court this morning.

Nagana Yarrbayn Senior Cultural Custodian, Adrian Burragubba, who is leading the case for the W&J Cultural Custodians of the Doongmabulla Springs, says he asked the Qld Government to prevent any further open cut mining activity at the Carmichael mine due to the alarming incidence of groundwater contamination and excessive drawdown. He says the Government refused to act even though they were presented with independent expert reports from two eminent water scientists about harm being caused to the Springs.

He says the Government ignored the evidence they presented from Griffith University’s head of civil and environmental engineering, Professor Matthew Currell, and Flinders University Professor Adrian Werner, as well as the Government’s own commissioned report from CSIRO and Geosciences Australia. 

The CSIRO and Geosciences Australia report from April 2023 was withheld by the Government but was uncovered in other Court proceedings. The report shows that the Carmichael Mine is not complying with the groundwater conditions in its Environmental Authority. It also identifies significant issues with the groundwater modelling, finding that it is not fit for the purpose of predicting groundwater impacts.

Mr Burragubba says: “The reports should have been sufficient basis for the Department of Environment, Science and Innovation to act, but they failed to do so. The department was aware of the significant threat from open cut mining and the unreliability of Adani’s modelling predictions when it made its decision to take no action in response to our complaint. Consequently, we have taken the department to the Supreme Court seeking to impel a decision in accordance with the mine’s Environmental Authority and the Human Rights Act.”

The Nagana Yarrbayn case says that by the department failing to stop contamination and other harm to their sacred site and the water, the Government is in breach of their human rights.

Mr Burragubba says: “The Cultural Custodians have identified an imminent threat of permanent and irreversible harm to the springs and their associated cultural values, which are at the heart of our laws and customs and our identity and rights as First Nations people”. 

Mr Burragubba had called up on the Minister for the Environment, Leanne Linard, to intervene before the case commenced and urgently prevent any further open cut mining activity until the cultural custodians and the Government can be satisfied with sufficient scientific certainty that there is no environmental harm to the Springs. 

He says the cultural custodians shouldn’t have to carry the burden of enforcing the State’s own environmental protection laws and holding the department and Adani to account.

The Minister did not respond.

The Nagana Yarrbayn Cultural Custodians are represented in Court by the successful legal team that blocked the Waratah Coal mine on human rights, climate and environmental grounds.

Today’s proceeding dealt with the attempt by Crown Law to strike out the proceeding before it can be heard. Burns J has reserved his decision.

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Available for comment:

Adrian Burragubba – Senior W&J Cultural Custodian and Nagana Yarrbayn spokesperson

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For more information and to arrange interviews: 

Anthony Esposito – NYWJCC adviser – 0418 152 743