Showing posts with label Adani Group. Show all posts
Showing posts with label Adani Group. Show all posts

Wednesday 10 November 2021

Adani may have captured Australian governments but it has yet to achieve a social license from the national population


Frontline Action on Coal


Media release: Tuesday, November 2 2021


Juliet Lamont IMAGE: supplied


Second QLD coal port shut down in a week by same two climate activists.




Kyle Magee IMAGE: supplied

Environmental activists have stopped work this morning at North Queensland Export Terminal (formerly Abbot Point Coal Terminal) in Bowen, Qld.


The port, owned by Adani, has been shut down by the same two climate activists who stopped work at Hay Point Coal Terminal in Mackay, QLD one week ago.


Juliet Lamont and Kyle Magee used steel tubing to lock themselves on to coal loading infrastructure at the port, to coincide with climate discussions at COP26 in Glasgow, UK. The pair are asking the international community to “Sanction Australia” over the government’s inability to respond to the climate crisis appropriately.


Ms Lamont, mother of two, said “I’m locking on at Adani’s coal port to ask the leaders of the world at COP26 to lock Australia out of negotiations and forge ahead with the urgent, bold and visionary work needed to save us. Now.”


Lamont and Magee, who were arrested just one week ago for shutting down operations in Mackay at Hay Point Coal Terminal, are aware that the actions they are taking will see them arrested again. Both have stated they are “willing to face the consequences” as “the climate crisis presents an alarming fate for the future of all Australians”. Both Lamont and Magee are currently on bail from their previous action.


Magee, a father of two, said ”If the Morrison government is serious about tackling climate change, they should cancel all new coal mines now, including the Adani Carmichael mine, and invest billions in sustainable alternatives. Anything less than that shows a dangerous lack of understanding of very clear science.”


As COP26 begins this week, Australia still has no plans to commit to any new 2030 emission reduction targets, even though investors and climate science experts warn that our current strategies to mitigate the effects of climate change are vastly inadequate. Australia is the largest coal exporter in the world, and without 2030 targets a 2050 target of net-zero is likely to be impossible to reach.


Ms Lamont said "I'd like the international community to put pressure on our untrustworthy Morrison government who have completely set their citizens adrift in a climate emergency."


Sunday 30 August 2020

Court of Appeal rejects Adani's application to search an activist's home & Supreme Court orders Adani to pay $106.8 million to four companies - in part due to its own "serious dishonesty"


ABC News, 27 August 2020:

Mining company Adani secretly sought to raid the Brisbane home of an activist to seize evidence but failed twice, court documents have revealed.

Adani and its Carmichael Rail Network applied for a search order, known as an Anton Piller order, against Benjamin Pennings in June this year.

It claimed Mr Pennings had possession of "confidential information on a computer at his home" which was being used in a concerted campaign of "intimidation and conspiracy" against the Galilee Basin coal project.

As part of the application, Adani claimed Mr Pennings had information to which only company executives and other select staff and contractors had access.

Anton Piller orders are searches carried out without notice to the defendant to ensure that evidence cannot be destroyed and is preserved to be used in judicial proceedings.

Adani's court application and subsequent appeal in July were also heard ex parte, meaning they were both heard without notice.

Adani has described Mr Pennings as the "principal" of a group of political activists called the "Galilee Blockade", whose objective is to prevent the development of the mine and railway.

In rejecting Adani and Carmichael Rail Network's appeal last week, the Court of Appeal ruled the evidence was "wholly inadequate to justify the order sought".

"The appellants have failed to establish the likelihood that Mr Pennings has any confidential information or that he has any confidential information stored at his home," the Court of Appeal judges said.

"They have failed to establish the likelihood that the use of any confidential information has resulted in any loss."

The Court of Appeal also raised concerns about the impact of a search order could have had on Mr Pennings' partner and children.

"Surely, to permit a search of a defendant's house, with the humiliation and family distress which that might involve, lies at the outer boundary of the discretion," the Court of Appeal judges said.

"This is because, for reasons that anyone can understand, the 'shock, anger, confusion' and the 'sense of violation and powerlessness' will be much greater in such a case and may be suffered not only by someone who is proved in due course to be a wrongdoer, but by entirely innocent parties as well."……

Read the full article here.

BACKGROUND

Mining Pty Ltd & Anor v Pennings [2020] QCA 169 (17 August 2020)

The Adani Group appears to have been the applicant or been named as a respondent in around seven court cases between 2013 and 2020.

This is the latest:


Excerpts from the judgment:

[197] The applicant’s conduct was deliberate, not just heedless or indifferent 81 to the position of the remaining users. The applicant was fully cognisant as to the effect its behaviour would have in increasing the fixed costs to the remaining users. It desired that effect in order to advantage itself financially. That is, to achieve a gain for itself, the applicant engaged in calculated behaviour to the disadvantage of the respondents.82 This is evident in the timing and structure of the QCPL transactions.”

[203] The applicant’s behaviour in attempting to disguise or camouflage the true basis of its dealings with QCPL involved dishonesty – [117] ff and [122], and so far as this proceeding is concerned, involved serious dishonesty – [98] and [121].”

Wednesday 5 August 2020

Things you might have missed in the daily news


Financial Review, 3 August 2020:

Taiwanese lender Yuanta Securities Investment Trust has sold $27 million worth of bonds in Adani's Abbot Point coal terminal in Queensland, joining a rapidly expanding list of Asian and global lenders that have shunned the controversial project.

Yuanta was once the second-biggest investor in one of the project's bond issuances, holding more than 5 per cent of a $US500 million issuance due to expire at the end of 2022….

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According to an ABC News artilce published on 31 July 2020, a senior federal Border Force officer allowed 2,700 people to disembark the Ruby Princess cruise ship mistakenly believing passengers had tested negative to COVID-19, when they had instead tested negative for the common flu. 

Border Force command only realised the mistake more than 30 hours after passengers — including 13 who had been isolated in their cabins with fever — had left the ship.

The Ruby Princess COVID-19 cluster resulted in at least 662 infections and 21 deaths, the single biggest arrival of coronavirus on Australian shores.

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The Market Herald, 23 July 2020:
  • The Chinese navy has confronted Australian warships in the South China Sea en route to a military exercise with Japan and the U.S.
  • Five ships, lead by HMA Canberra, were travelling through disputed waterways when they encountered the Chinese military
  • The Joint Task Force was heading to the Philippine Sea at the time, where it planned to conduct military movements ahead of the biennial RIMPAC conference
  • The exercise aimed to increase interoperability between the Australian, American, and Japnese navies, but came amid increasing tensions between the U.S. and China over territory in the South China Sea
  • Speaking to the encounter, the Department of Defence said all "unplanned interactions with foreign warships throughout the deployment were conducted in a safe and professional manner"….
Next month, all three navies will head to the biannual Exercise Rim of the Pacific (RIMPAC) in Hawaii — the biggest global maritime warfare activity.
However, in 2018, China invitation to RIMPAC was withdrawn based on its 'aggressive' territorial claims in the South China Sea.
It's understood China won't participate in this year's RIMPAC event either.

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The Daily Telegraph, 1 August 2020, p.27:

The crowd pleaser
With world-famous surf breaks, natural springs and coastal charm, Yamba is the beach break you never knew you needed.

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According to recently released Australian Taxation Office data, in the 2017-18 financial year the amount of tax paid in main urban areas went as followed in the NSW Northern Rivers region:
  • Grafton postcode 2460 – 14,500 individuals paid $117.32 million.
  • Kyogle postcode 2474 – 3,336 individuals paid $24.66 million
  • Ballina postcode 2478 – 15,690 individuals paid $186.06 million
  • Lismore postcode 2480 – 24,989 individuals paid $207.96 million
  • Byron Bay postcode 2481 – 9,050 individuals paid $114.50 million
  • Tweed Heads postcode 2485 – 7,709 individuals paid $66.43million
  • Tweed Heads postcode 2486 – 17,127 individuals paid $150.65 million.
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ABC News, 4 August 2020:

A growing group of anti-maskers have been "baiting" and antagonising Victorian police, and in one instance smashed the head of a female officer into concrete until she was concussed, authorities say. 

Police said two female police officers approached a 38-year-old woman, who was not wearing a face covering, in the Frankston area last night. 

After questioning the woman about why she was not wearing one, police allege she pushed one officer and struck the other in the head. "After a confrontation and being assaulted by that woman, those police officers went to ground and there was a scuffle," 

Victoria Police Chief Commissioner Shane Patton said. "During that scuffle, this 38-year-old woman smashed the head of the [26-year-old] policewoman several times into a concrete area on the ground." 

Police said the constable was taken to Frankston Hospital with "significant head injuries". 

The woman's alleged assault left the young police officer with a concussion and a missing clump of hair, Police Association of Victoria secretary Wayne Gatt said. 

"The offender had a clump of our member's hair in her hands and said to our member 'what's it like to have your hair in my hands' or words to that effect," he said. "That's just horrible conduct — it's not human-like to be quite honest." 

Police have charged the alleged attacker with nine offences, including two counts of assaulting an emergency worker and one count of recklessly causing injury. 

She had no previous criminal history and was granted bail to appear before the Frankston Magistrates' Court on March 31, 2021.... 

Chief Commissioner Patton said in the past week police had seen a trend of people calling themselves "sovereign citizens" who "don't think the law applies to them". 

"We've seen them at checkpoints baiting police, not providing a name and address," he said. 

"On at least four occasions in the last week, we've had to smash the windows of cars and pull people out to provide details because they weren't adhering to the Chief Health Officer's guidelines, they weren't providing their name and address."

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Thursday 5 December 2019

Queensland Government gives Adani Group an early Christmas present worth up to $900 million in royalty deferrals


INSTITUTE FOR ENERGY ECONOMICS AND FINANCIAL ANALYSIS (IEEFA):

29 November 2019 (IEEFA Australia) – Queensland Treasury are expected to sign off on a massive early Christmas present worth up to $900m packaged as a seven-year royalty deferral – another term for a capital subsidy – for the Adani Group on 30 November 2019 (likely to be announced on 29 November), ironically on the one-year anniversary of Adani declaring it will self-fund its Carmichael thermal coal mine in the Galilee Basin, Queensland.
Adani Australia – part of the Adani Group of India – announced the Carmichael thermal coal mine would ‘stand on its own two feet’, without any subsidies, in November 2018.
One year later and the Adani Group is not only expected to receive a $900m royalty present from the Queensland government, but the Adani Group is also set to receive over $4.4 billion in total tax exemptions, deferrals and capital subsidies from taxpayers for the life of the Carmichael mine.
“If you give enough subsidies, anything becomes viable.”
“If you give enough subsidies, anything becomes viable,” says Tim Buckley, director of energy finance studies at the Institute for Energy Economics and Financial Analysis (IEEFA).
“Global and domestic banks and insurers have turned their back on financing the Adani Group, joining the massive global financial exit away from thermal coal. To-date, 111 globally significant banks and insurers have implemented formal thermal coal restriction policies, including the latest just this week, being UniCredit, the largest bank in Italy.
“Yet the Queensland government still wants to give an early $900m Christmas present to the Adani Group for a product that faces technological obsolescence, is reliant on ongoing subsidies, and is only viable absent a price on carbon emissions.”
Under existing arrangements, Adani will effectively receive 17% of their coal for free compared to the royalty regime applying in NSW, according to The Australia Institute.
Any deal should be publicly transparent given rising stranded asset risks
“Queensland’s generosity in providing such a lavish gift to India’s richest man means local Queenslanders will NOT see royalties from Adani’s Carmichael thermal coal mine for a decade,” says Buckley. “Any deal should be made transparent to the public, and credible financial assurance needs to be put in place as a minimum to ensure eventual payment, given rising stranded asset risks....

Read the full article here.

BACKGROUND

ABC News, 14 March 2017:

Up to $3 billion from Adani's planned Carmichael coal mine will be shifted to a subsidiary owned in the Cayman Islands if the controversial project goes ahead, an analysis of company filings shows.

Key points:

  • 'Royalty deed' gives shell company rights to recieve $2-a-tonne payment beyond first 400K tonnes mined for two decades
  • Entitlement owned by company registered in Cayman Islands, controlled by Adani family
  • Carmichael coal mine's production capacity means payment ammounts to about $120 million per year
An "overarching royalty deed" gives a shell company rights to receive a $2-a-tonne payment, rising yearly by the inflation rate, beyond the first 400,000 tonnes mined in each production year for two decades.
The company with this entitlement is ultimately owned by Atulya Resources Limited, a secretive entity registered in the Cayman Islands, and controlled by the Adani family.
"In plain English, the upshot for the Adani family is [that] if the mine goes ahead, they receive a $2-a-tonne payment, so up to $3 billion, via a Cayman Islands company, a company owned in a tax haven," says Adam Walters, principal researcher and Energy Resource Insights.
With a production capacity of 60 million tonnes or more a year, that amounts to about $120 million per annum in payments, increasing each year in line with the CPI, potentially flowing offshore.
"I would describe it as a structure that means that the Adani family enriches themselves if the mine goes ahead but that other shareholders are impoverished," associate professor Thomas Clarke, director of the Centre for Corporate Governance at UTS told the ABC.
"The worry is that this may be just the beginning.
"That the Adani family have the ability to shift cash and assets around at will and in the future they may well do so at the cost of shareholders and the Queensland economy."
He said the billions flowing to the Adani private company would come at the expense of minority shareholders in the company listed on the Bombay stock exchange which ultimately owns the Carmichael mine.....
Read the full article here.
ABC News, 21 December 2016:

Giant Indian conglomerate Adani, which plans to build one of the world's largest coal mines in Queensland's Galilee Basin, has set up a complex network of companies and trusts in Australia which are owned in one of the world's major tax havens, the Cayman Islands.

The Adani Group is also attempting to shift ownership of the existing Abbot Point coal port — which it bought for $1.8 billion — to a Singaporean company ultimately owned in the Cayman Islands.

An exhaustive search of company filings and documents across the globe has cast light on this opaque structure of ownership and control.

It has alarmed environmental activists and legal experts, who fear it could make it harder to gain compensation from Adani in the event of an environmental disaster from Adani's planned mine and port expansion on the edge of the Great Barrier Reef.

"I've been a businessman for most of my life, as well as an environmental activist, and the risks are great," said Geoff Cousins, former Optus CEO and chairman of the George Paterson advertising agency, now a board member of the Australian Conservation Foundation.

"With these kinds of approvals of big mining operations or port operations, you always get a set of conditions that the Government puts on.

"But those conditions aren't worth anything if, when something goes wrong, you try to find the company responsible and either it has no money or if it has money it's in a tax haven and you can't reach it."

It is a view echoed by David Chaikin, a professor of business law at the University of Sydney.

"The advantage of having the money in tax havens is that you are able to conceal the source of money, the use of money, and also to minimise tax," he said…..

Adani has created four companies and two trusts in Australia for the rail project.

The parent company for all these entities is Carmichael Rail and Port Singapore Holdings Pte Ltd, a company registered in Singapore where the corporate tax rate is 15 per cent.

This Singapore parent company is in turn owned by Atulya Resources Limited, a private company controlled by the Adani family and based in the Cayman Islands.

The port expansion has a similar structure: five companies and two trusts in Australia, ultimately controlled by Atulya Resources in the Cayman Islands……

The Guardian, 29 August 2018:

Mining conglomerate the Adani Group is trying to prevent Indian authorities from accessing its business records as part of an investigation into an alleged $4bn fraud by power companies.
Lawyers for Adani on Tuesday filed a plea asking the Bombay high court to quash a formal request by Indian investigators to Singaporean authorities to force the company to produce information regarding its coal imports from Indonesia.
The request is part of an investigation by India’s Directorate of Revenue Intelligence (DRI) into a $4.4bn alleged fraud by 40 power companies including six Adani subsidiaries.
According to DRI documents, the companies allegedly used fake middlemen to inflate the price of coal they were importing from Indonesia. The scheme allowed the companies to charge higher tariffs by exaggerating their production costs, the DRI claimed.
If true, the alleged scam would also have allowed the companies to siphon billions of dollars from India into offshore bank accounts where Indian authorities would struggle to tax or account for the money....

Wednesday 21 August 2019

Tweed Shire Council abandons its principled stand on foreign multinational Adani's proposed Galilee Basin coal mine


In which Tweed Shire Council decides Australia doesn't need the Great Barrier Reef or the Black-throated Finch......

Echo NetDaily, 19 August 2019: 

The Tweed Shire Council has performed a political back-flip on a 2017 promise to avoid hiring building companies contracted to Adani’s proposed Carmichael mine in central Queensland. 

Councillors voted for the ban two years ago, with Tweed Shire Deputy Mayor Chris Cherry (Independent) saying they ‘wished to represent the views of the community’. Cr Cherry said Adani didn’t have any approvals to mine in Carmichael at the time but people on the Tweed were concerned about potential environmental impacts of the project on the Great Barrier Reef. 

Labor councillor flips anti-Adani ban in favour of jobs 

Last week, Cr James Owen (Liberals) tabled a rescission on the 2017 vote and won majority support, meaning the ban no longer applies. 

Cr Ron Cooper (Independent) was absent from the meeting and had originally supported an anti-Adani stance. 

But a change of heart from Cr Reece Brynes (Labor) was enough to change council policy as he joined forces with Councillors Owen, Pryce Allsop (Independent) and Warren Polglase (Nationals). 

Cr Byrnes told Echonetdaily although he initially voted for the ban and continues to share environmental impact concerns, state and federal government approvals of the Carmichael project mean the council has to ‘accept realities’. 

‘My priority and Labor’s priority is always about creating more local jobs in the Tweed,’ he wrote in an email, ‘I make no apologies that Labor’s priority is always about creating jobs’. 

The council had to ‘move away from a position of protest’ to one that wouldn’t ‘prohibit or hamper future projects and jobs for people in the tweed’, Cr Byrnes wrote.....


BRIEF BACKGROUND

Environmental Defenders Office Qld, Case Explainer: Adani’s North Galilee Water Scheme - Federal Judicial Review

Australian Conservation Foundation, Stop Adani's polluting coal mine

Lock the Gate, Coal Mining: Water Impacts of the Adani Coal Mine

Climate Council, Adani Mine Must Be Stopped

ABC News, What we know about Adani's Carmichael coal mine project

Thursday 15 August 2019

Adani Group's problems continue to make news in 2019


“The commerciality of Adani’s Carmichael mine remains challenging given the significant capital spend and low-quality thermal coal product expected from the mine,” said Brent Spalding, a principal analyst at Wood Mackenzie." [Financial Review, 9 July 2019]

"Adani allowed stormwater discharges from the port in March 2017 (to the marine environment and to the Caley Valley Wetlands) and again in February 2019 (to the wetlands) in excess of licence limits.....In February 2019, Adani announced it had again discharged stormwater into the Caley Valley Wetlands in excess of its EA limit. Government investigations also confirmed the exceedance, and Adani paid an infringement fine of $13,055 for the breach." [Environmental Defenders Office Qld, 23 May 2019]

"....Abbot Point Bulkcoal Pty Ltd, an Adani subsidiary, for a substantial exceedance of a license to pollute the Great Barrier Reef World Heritage Area with coal dust when Cyclone Debbie made landfall in 2017, even though the license was granted specifically to account for possibly increased emissions resulting from the cyclone. During the course of this prosecution, the DEHP discovered that Abbot Point Bulkcoal Pty Ltd may have submitted an altered laboratory report showing reduced levels of pollution." [Environmental Justice Australia, March 2019]

ABC News, 13 August 2019: 

The announcement by Suncorp that it will no longer insure new thermal coal projects, along with a similar announcement by QBE Insurance a few months earlier, brings Australia into line with Europe where most major insurers have broken with coal.


US firms have been a little slower to move, but Chubb announced a divestment policy in July, and Liberty has confirmed it will not insure Australia's Adani project.


Other big firms such as America's AIG are coming under increasing pressure.


Even more than divestment of coal shares by banks and managed funds, the withdrawal of insurance has the potential to make coal mining and coal-fired power generation businesses unsustainable.


As the chairman and founder of Adani Group, Gautam Adani, has shown in Queensland's Galilee Basin, a sufficiently rich developer can use its own resources to finance a coal mine that banks won't touch.


But without insurance, mines can't operate. 


(Adani claims to have insurers for the Carmichael project, but has declined to reveal their names.) 


By the nature of their business, insurers cannot afford to indulge the denialist fantasies still popular in some sectors of industry. 

Damage caused by climate disasters is one of their biggest expenses, and insurers are fully aware that damage is set to rise over time......

Friday 2 August 2019

Sydney Uni Business School Professor Sandra van der Laan: Adani Group's Australia operations effectively insolvent


Image: BBC, 29.11.18

The Adani Carmichael coal mine set to be built in Queensland’s Galilee Basin has courted controversy like no other project in recent memory. 

Central and northern Queenslanders and MPs alike have lauded the jobs and economic stimulus the project promises to provide. Elsewhere, others scratched their heads as to why the country needed to build a brand new coal mine right next to the iconic Great Barrier Reef. At the same time that Australia tries to meet its Paris climate targets, no less.


KEY POINTS
Adani’s Australian operations could be on the brink of collapse before its Carmichael coalmine is ever built, a forensic accountant has claimed to the ABC.
Professor Sandra van der Laan examined the limited publicly-available financial statements from the private company and concluded that the company was in “a very fragile, even perilous, financial position”.
Adani was quick to reject the claims, slamming them as “false and misleading” and the latest in a series of attacks aimed to destroy the Australian project.

The Adani Carmichael coal mine set to be built in Queensland’s Galilee Basin has courted controversy like no other project in recent memory.

Despite battling for eight years to be approved, receiving the final environmental green light last month, the project finally looked to be going ahead. 

But now, a forensic accountant has warned that the divisive Adani Carmichael coal mine could be on the brink of collapse before it even begins operation. 


University of Sydney Professor Sandra van der Laan has sounded the alarm on the project after analysing Adani’s financial standing.


“It looks to me like a corporate collapse waiting to happen,” she told the ABC. “It has all the hallmarks of the big corporate failures we’ve seen over the last 20 to 30 years.” 

She should know — van der Laan has a track record of picking corporate collapses. It was she and colleague Sue Newberry who warned in 2007 that ABC Learning, Australia’s biggest private childcare provider at the time and the world’s largest publically listed childcare company, was heading for disaster.....


“Adani Mining is in a very fragile, even perilous, financial position,” van der Laan told the ABC. “The gap between the current assets and liabilities is what’s really concerning.” 


According to Adani’s most recent financial statements, provided to the Australian Securities and Investments Commission (ASIC) in March this year, that gap is enormous. The ABC reports that the business’ liabilities exceed its assets by more than half a billion dollars. 


Moreover, the ABC reports that the company will have $1.8 billion in liabilities come due over the next 12 months, compared with just $30 million in assets. Those liabilities are largely made up by an internal loan from parent company Adani Global on which the van der Laan says the Australian operation is reliant. That’s because the Australian mine was forced to self-fund after banks and wealth funds turned their back on it


“Effectively on paper, they are insolvent,” van der Laan said. "I wouldn’t be trading with them, as simple as that. I wouldn’t have anything to do with them."....


Friday 26 April 2019

"Stop Adani" convoy gets good reception as it passes through the NSW Northern Rivers region


Supporters at Ferry Park, Maclean, on Pacific Highway heading north
Photo: The Daily Examiner online

The Daily Examiner
, 22 April 2019, p.4:

Protesters came out in support of the anti-Adani convoy as it made its way through the Clarence Valley yesterday.

Up to 180 cars, many of them electric, decorated in “Stop Adani” paraphernalia made their way along the Pacific Highway as part of a two-week campaign, organised by conservationist Bob Brown, to stop the proposed Carmichael coal mine.

Karen von Ahlefeldt said many in the convoy stopped for a chat and were “boosted” by the show of support.

“A lot of people standing there wished they could be on the convoy, this was a good chance for them to be part of it,” Ms von Ahlefeldt said.

Clarence Valley Councillor and Greens party member Greg Clancy stood at South Grafton waving on the cars as they made their way north.

“Politicians are not listening, and some of the public don’t understand,” Cr Clancy said.

“They think it is jobs, we need coal, but we don’t, we are phasing it out. Coal is not the future, it is the past.”

He said it was unthinkable to “dig up more of the Galilee Basin” and the proposed coal mine would be “contributing to climate change”.

Cr Clancy said movements such as the convoy were important steps to making change.

“Bob Brown has said this is going to be another Franklin River issue,” he said.
“People are not going to stand by. There will be protests, there will be arrests, it will be big.”

“You just have to look at how many vehicles have gone past today to know it’s going to be big.”

Mr Clancy called on politicians to commit to oppose the Queensland mine ahead of the federal election next month.