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Aboriginal Autonomy and the Galilee Basin Coal Complex

We Suspect Silence

March 10, 2018

By Michael Swifte

 

First published by the Native Title Unit of the Australian Attorney-General’s Department

Submission to Reforms to the Native Title Act 1993: Transparent agreement-making

Submission by:

Michael Swifte

February 2018

Email: mgswifte@yahoo.com.au

Blog: We Suspect Silence

Twitter: http://twitter.com/empathiser

Member: Wrong Kind of Green critical thinking collective

Sections

1. Motivated by understanding Green-Black relations.

2. Auto-didactics and an unstructured methodology.

3. My key themes and areas where I shine a spotlight.

(a) Theme one: Indigenous Land Use Agreements relating to the crucial Adani rail link to the Galilee Basin.

(b) Theme two: Information giving and oversight of negotiation processes.

(c) Theme three: Non PBCs/RNTBCs making ILUAs

List of acronyms

NNTT – National Native Title Tribunal

NTA – Native Title Act

PBC – Prescribed Bodies Corporate

RNTBC – Registered Native Title Bodies Corporate

ORIC – Office of the Registrar of Indigenous Corporations

ILUA – Indigenous Land Use Agreement

NAIF – Northern Australia Infrastructure Facility

KMYAC – Kyburra Munda Yalga Aboriginal Corporation

JEL – Juru Enterprises Limited

NGBR – North Galilee Basin Rail Project

NPIC – Non-Profit Industrial Complex

WKOG – Wrong Kind of Green

CSG – Coal Seam Gas

RTI – Right to Information

1. Motivated by understanding Green-Black relations.

I started out as an anti-CSG (coal seam gas) activist in 2011 working with Generation Alpha and Zombie-A-Frack. I then moved on to be a founding member of the Galilee Blockade group. Around that time I was a shareholder activist against Aurizon as part of the Over Our Dead Bodies campaign. These were the earlier stages of the Queensland based environmental resistance against the development of the Galilee Basin coal complex.

As a member of Galilee Blockade I was focussed on strategy and capacity building for future blockades and direct actions in the Galilee Basin. I fell out with the Galilee Blockade group but maintained an interest in good strategy to inform direct action in the Galilee Basin.

My research into native title issues in the context of large scale coal mining development in the Galilee Basin – which I began tentatively in mid 2015 – was focussed on analysis of the ‘means of export’ and the economic position/agency of Traditional Owners in relation to the development of the Galilee Basin coal complex. At this time I was not conscious of the concept of ‘Aboriginal autonomy’ as articulated by Professor Ciaran O’Faircheallaigh from the School of Government and International Relations, Griffith University. (1)

I have moved from a position of support for stopping the development of the Galilee Basin coal complex ‘at all costs’ to a more nuanced position that takes account of the experience of Traditional Owners and their communities in dealing with the apparatus of the native title system. There is an inherent tension in valuing both Aboriginal autonomy and the prevention of destructive mining developments. It is my belief that in this tension lies the great challenge of decolonisation as it relates to all Indigenous and non-indigenous people. There is no value – in terms of decolonisation – in ignoring particular issues and groups of people when attempting to engage Indigenous and non-indigenous people in support of a particular agenda. Indeed, only thorough and honest assessments of the economic reality of all Traditional Owners as they engage or are excluded from engaging in the negotiation processes afforded to them by the native title system can we properly inform and underpin our fiduciary responsibility to Aboriginal people with regard to the institutions and corporations they are compelled to form and maintain.

Corruption and corporate failure occur in all modern cultural contexts, and as such the expression of these phenomena are a legacy of the post-colonial/colonised era in which our native system operates. Transparent agreement making must be supported by processes and information-giving that allow the general public and more specifically Traditional Owners who have been marginalised from their representative bodies to make assessments about the integrity and effectiveness of the native title system. In the following passages I will make the case that rather than being accountable, accessible and fair, the key institutions that make up the native title system fail to deliver justice through ineffective and poorly defined information-giving, lack of oversight and disclosure regarding negotiation processes, and significant bureaucratic/administrative/institutional failures in attempting to make the native title system navigable.

My involvement with the critical thinking collective Wrong Kind of Green (WKOG) began in 2014 after my first blog post on my blog called We Suspect Silence under my Twitter handle @empathiser. (2) The relationship has deepened since. The non-profit industrial complex (NPIC) critique is at the centre of WKOG’s entirely self funded work. Broadly, the non-profit industrial complex critique contends that through funding relationships with philanthropy, and through networked relationships with a broad range of government, corporate, and non-government institutions, the not-for profit sector effectively captures the efforts of Indigenous and non-indigenous activists for the benefit neo-liberal forces.

2. Auto-didactics and an unstructured methodology.

I subscribe to the understanding of intelligence articulated by anti-war activist Stan Goff in his 2007 essay ‘On Strategy, Tactics & Intelligence’.

Intelligence is information analyzed for its value to develop plans for action. Most of it, even in the world of government intelligence, doesn’t come from breaking codes or running agents — contrary to the media myths — but from information that is readily available to everyone. Basically, that means if we do intelligence gathering and analysis right, then ours is going to be as good as theirs… maybe better, since we don’t have bureaucratic ambitions and political agendas distorting ours as much.” (3)

My journey has been a learning one. I entered into this area only seeking to get to the truth and as such did not have a predetermined or structured plan. I have had to become an investigative journalist and a pundit to compliment my environmental activism, but it has been my determination to never forget or ignore the economic impacts on all Traditional Owners and their communities that has kept my eyes open. The depth and breadth of economic impacts on Traditional Owner communities and the nature of the negotiating processes that lead to key decision making events have only been revealed to me because I make a special effort of digging around to extract information that Traditional Owners are entitled to know but would otherwise be buried. The decision making events I have investigated – voting meetings, ILUA authorisation meetings, execution meetings – fall under the focus of the ‘Transparent Agreements’ proposals contained in the Reforms to the Native Title Act 1993 Options Paper. I will include information not published by the National Native Title Tribunal (NNTT) but derived from my investigative efforts in the section titled ‘My key themes and areas I spotlight’.

My phone calls to NNTT case workers and other staff helped me get clarification of basic elements of it’s information-giving and information architecture. I was always mindful of the experience of and challenges put before a claim group member who was marginalised from the negotiation process. I routinely asked myself “How much useful information could a blackfella get from calling the NNTT?”.

The process of finding the relevant ILUA documents was haphazard and involved many phone calls to NNTT staff. I encountered issues with information architecture, broken links, and a general lack of guidance for researchers in the online environment. As I outlined in my blog post titled ‘The National Native Title Tribunal: Arbiter or “record keeper”?’ some staff who deal with the public need to seek guidance about which non-privileged information in their possession can be provided to a member of the public. As a record keeper the NNTT is inconsistent.(4) Non-privileged information relating to ILUAs that I was told by one staff member would need to be provided in response to an email request, was freely provided over the phone by other staff members.

3. My key themes and areas where I shine a spotlight.

Rather than attend to the elements of the Native Title Act (NTA) and regulations, I will be presenting particular sets of information gathered since mid 2015, much of which is rarely, if ever, discussed in public forums.

(a) Theme one: Indigenous Land Use Agreements relating to the crucial Adani rail link to the Galilee Basin.

The North Galilee Basin Rail Project (NGBR) is the standard gauge rail project which was the subject of the Northern Australia Infrastructure Facility (NAIF) loan application. This was revealed to me during the inquiry conducted by the Senate Economics References Committee titled ‘Governance and operation of the Northern Australia Infrastructure Facility (NAIF)’. I analysed the revelations presented in this inquiry at length in my blog post titled ‘Confirmation that the North Galilee Basin Rail Project is the Adani rail project being considered by the Northern Australia Infrastructure Facility’.(5)

The NGBR is currently under development by Adani and is the crucial piece of export infrastructure without which the Galilee Basin coal complex could not be developed. As I highlight in my blog post titled ‘Unpacking the Galilee Basin shell game’ the project has been erroneously named the ‘Carmichael Rail Project’ by Adani Australia in the ‘Projects’ section of their website. (6) This is a contradiction of the actual name of the project which appears in the relevant Indigenous Land Use Agreement (ILUA) documents and in the Queensland Department of State Development project listings. One notable environmental organisation echoed this nomenclature in relation to the NAIF in December 2016. Greenpeace Australia Pacific published a document titled “OffTrack: Why NAIF can’t approve the Carmichael Rail Project’. (7)

By capitalising the words “rail” and “project”, both Adani and Greenpeace suggest a formal title for a project which in all official documents has a different name. The actual project name, the ‘North Galilee Basin Rail Project’, can be used as a targeted search term to direct researchers and the general public to documents that would show that negotiations, including voting meetings leading to signed ILUAs, took place between Adani and Traditional Owners in the second half on 2014. The absence of this name from popular discourse could be interpreted as a deliberate tactic to confound and mislead. Questions ought to be asked of Adani Australia and Greenpeace AP about their purpose in using a misleading title in this context.

Three key ILUAs relating to the NGBR have been signed without objection by the Juru, Birriah, and Jannga People’s representative bodies. These ILUAs were never discussed in any form, nor were the Traditional Owner representative groups mentioned by name in the New Matilda five part series titled ‘Killing Country’, which ostensibly focussed on native title issues in the Galilee Basin coal complex (though the Wangan and Jagalingou Traditional Owners Council was placed at the forefront of the story). These unreferenced pieces make no mention of the North Galilee Basin Rail Project. The authors, Kristen Lyons, John Quiggin, and Morgan Brigg were supported by the Global Change Institute at the University of Queensland to write the June 2017 report from which the New Matilda five part series follows on. The report is titled ‘UNFINISHED BUSINESS: ADANI, THE STATE, AND THE INDIGENOUS RIGHTS STRUGGLE OF THE WANGAN AND JAGALINGOU TRADITIONAL OWNERS COUNCIL’. (8)

(b) Theme two: Information giving and oversight of negotiation processes.

All the negotiation meetings in preparation for the registration of an ILUA come down to one or two voting meeting(s). After ascertaining that Adani had two rail projects, one of which was rarely ever named in the media or in government business, I was able to track down and identify – with the help of NNTT staff – the registered ILUAs that made the rarely-named (and sometimes mis-titled) rail project possible.

The below list is taken from my February 2017 blog post titled ‘Why is there so much silence around the North Galilee Basin Rail Project and related Indigenous Land Use Agreements?’. (9)

Indigenous Land Use Agreements applying to the North Galilee Basin Rail Project

QI2014/072 – Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project ILUA (10)

QI2014/080 – Birriah People and Adani Mining North Galilee Basin Rail Project ILUA(11)

QI2014/065 – Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project ILUA (12)

When I established through a 2014 Right to Information (RTI) disclosure that these ILUAs were significant to the development of the standard gauge rail project that is central to the Galilee Basin coal complex I began to develop a time line and identified key non-commercial-in-confidence data points that would help me ascertain if every effort was made to ensure that each claim group member was able to attend voting meetings on crucial ILUAs. (13) (14) My concern about voting meetings was driven by a single ABC regional article about Juru elder Carol Prior who stated that claim group members who were on Palm Island didn’t know about a crucial voting meeting. (15) She stated that she intended to object to the ILUA. No objection is recorded by the NNTT for any of the three ILUAs that I investigated. (16)

I determined that the dates when voting meetings occurred, the dates when voting meetings were advertised, and the dates when claim group members were notified of their right to object to an ILUA ought to published by the NNTT and be available to any member of the public. With these particular data points I would be able to ascertain if news paper ads had been placed and every effort had been made to notify claim group members.

After my initial requests for various advertising and voting dates was rejected by an NNTT case worker who suggested I write an email request, I decided to try other NNTT staff who were happy to provide me with what dates they were able to find. None were able to find any dates for advertising of authorisation/voting meetings. (17) I later returned to the first case worker with the data I had gathered and was told again that I should send through an email. I created a set of fields which included the data I had gathered and mistakenly did not specify that I was also requesting dates for the advertising of voting meetings. I received a reply to the email which included the dates of the authorisation meetings for each ILUA and an explanation that body corporate agreements – two of the three – did not require a public notification of intention to register an ILUA. (18) Having confirmed the voting meeting dates I was able to discern that for each of the three ILUAs the commencement date was also the date of the second of two voting meetings. My searches based on the execution dates provided by the NNTT case worker provided incomplete and interesting results.

Below are the data fields for voting meetings and advertising of notification periods. All of the information other than the tribunal numbers and registration dates was acquired or clarified through phone conversations and emails with NNTT staff in late 2016 and in 2017. (19) The execution dates for the Birriah and Jannga ILUAs (blue text) was provided via email with the NNTT case worker. (20)

Given the effort it took to gather unpublished dates for voting/authorisation/execution meetings I cannot see how the NNTT can effectively arbitrate a conflict over the delivery of a voting meeting if it does not acquire and retain information regarding the efforts made to ensure all claim group members have an opportunity to attend voting meetings and lodge objections. The lack of published information about meeting advertising dates, notification advertising dates, authorisation meeting dates signifies that the NNTT is neither actively providing oversight in regards to crucial authorisation meetings nor actively capturing and publishing non-commercially sensitive data that is relevant to marginalised Traditional Owners and other researchers.

Juru QI2014/072

Registered: 24/11/14

Votes: 05/08/14 and 16/09/14

Notification: 21/10/14 to 21/11/14

Advertised: Body Corporate Agreement. Not advertised in newspapers. No grounds for objections by claim group members.

Birriah QI2014/080

Registered: 24/04/2015

Votes: Agreement was executed by the parties between 27/09/2014 and 4/11/2014

Notification: 21/01/2015 to 21/04/2015

Advertised (notice of application to register an ILUA): 14/01/15

Jannga/Bulganunna QI2014/065

Registered: 05/01/15

Votes: Agreement was executed by parties on 4/07/2014 and 6/08/2014

Notification: 28/11/14 to 29/12/14

Advertised: Body Corporate Agreement. Not advertised in newspapers. No grounds for objections by claim group members.

Armed with the 6 execution dates for the three NGBR ILUAs I was able to find notices published in the Koori Mail on two dates in 2014. These notices relate to the Juru and Birriah people information sessions and/or authorisation meetings. I was not able to find public notices for the Jannga/Bulganunna authorisation meetings.

Juru

The July 30, 2014 public notice of information sessions in the Koori Mail for the Juru ILUA with Adani relating to the North Galilee Basin Rail Project lists August 5, 2014 as an information session date but not an authorisation meeting. No authorisation meeting dates are specified. No mention is made of any dates scheduled for the September 16 execution meeting.

Here’s is a statement from the July 30, 2014 public notice that clearly reinforces that the dates indicated are specifically for “information sessions”.

Under the Native Title (Prescribed Bodies Corporate) Regulations 1999 (Cth) Kyburra cannot make a decision to enter into the ILUA unless it has consulted with and obtained the consent of the Juru People to enter into the ILUA. Kyburra must also consult with and consider the views of the native title representative body for the ILUA Project. Kyburra and Adani have organised a number of consultation and consent information sessions (Information Sessions) for the Juru People to attend for this purpose.” (21)

Birriah

There were three public notices of information sessions and authorisation meetings for the Birriah People placed in the Koori Mail on September 10, 2014.

The three public notices relating to Birriah information sessions, a reformulation meeting, and authorisation meetings carried similar headlines texts.

Public notice 1.

PUBLIC NOTICE OF AUTHORISATION MEETING TO CONSIDER PROPOSED INDIGENOUS LAND USE AGREEMENT (AREA AGREEMENT) UNDER THE NATIVE TITLE ACT 1993 (CTH)

Public notice 2

BIRRIAH NATIVE TITLE CLAIM GROUP NATIVE TITLE AUTHORISATION MEETINGS

Public notice 3

BIRRIAH PEOPLE NATIVE TITLE MEETING TO AUTHORISE INDIGENOUS LAND USE AGREEMENTS

Public notice 1 lists the authorisation meeting as September 27, 2014 while public notice 2 and 3 list the authorisation meeting as September 28, 2014.

Public notice 2 lists two meetings, the first of which is a reformulation meeting to change the apical ancestor list. The current and proposed apical ancestor lists are provided in all three notices.

Public notice 3 lists the start time of the authorisation meeting as 8.30am which is the same time listed in public notice 2 as the starting time for the reformulation meeting.

Public notice 2 outlines the order of proceedings as the reformulation meeting followed by the authorisation meeting for those still deemed to have an apical ancestor.

Meeting 2 – Meeting of the reformulated Birriah Native Title Claim Group If a decision is made to change the description of the Birriah Native Title Claim Group a further meeting of the re-formulated claim group will be held immediately following Meeting 1 for the purpose of authorising an Applicant to deal with all matters arising in relation to the Native Title Claim. Note: If the proposed amendments to the description of the native title claim group are authorised at Meeting 1, then only persons who fall within the re-formulated claim group description may participate in Meeting 2.” (22)

No mention is made in the Birriah public notices of any authorisation meetings scheduled for November 4, 2014.

A public notice announcing that an application to register an area agreement on the Register of Indigenous Land Use Agreements was issued in the Koori Mail on January 14, 2015. Here’s a quote from that notice indicating the a Birriah Traditional Owner could not make an objection to the registration of an ILUA in this particular circumstance unless they made a registered native title determination application during the notification period.

Responses to an application to register an ILUA—where the application has not been certified: Because this application for registration of the agreement has not been certified by the Representative Aboriginal/Torres Strait Islander Body/ies for the area, there is no opportunity to make a formal objection to its registration. However, if you claim to hold native title in relation to any of the land or waters covered by this agreement, you may wish, within the notice period, to make a native title determination application or equivalent application under a law of a state or territory in respect of any part of the area. The application must be made by 21 April 2015. If that application is registered on the Register of Native Title Claims, the registered native title claimants must be a party to this agreement before it can be registered.” (23)

(c) Theme three: Non PBCs/RNTBCs making ILUAs.

I’ve identified two occasions in the negotiation of ILUAs relating to the development of the Galilee Basin coal complex when Traditional Owners have been represented in ILUA negotiations by groups that are not the claim group, Prescribed Body Corporate (PBC) or the Registered Native Title Body Corporate (RNTBC).

This raises some serious questions about the oversight of the NNTT. While I’m no expert on native title, it seems to me that the claim group ought to be represented by bodies that are subject to regulation by the Office of the Registrar of Indigenous Corporations (ORIC) and were incorporated for the specific purpose of making native title claims and negotiating with parties on behalf of the claim group defined under the native title system.

Juru Enterprises Limited

Juru Enterprises Limited made an ILUA with Adani in January of 2014. The Juru RNTBC, KMYAC were not a party to this ILUA.

The title of the ILUA is ‘Juru People and Adani Abbot Point Terminal ILUA’. NNTT number: QI2013/036 (24)

Juru Enterprises Limited and Kyburra Munda Yalga Aboriginal Corporation are currently in pre-hearing case management in the Federal Circuit Court of Australia.

Case management hearings are being presided over by Justice Steven Rares. (25)

From my research only Geoff Egan, a reporter from Central Queensland is the only person to write about these proceedings in a piece titled ‘Juru missed out on $1m from Adani: court’. (26)

The Queensland Department of State Development Annual Report 2016/17 mentions Juru Enterprises Limited.

Work is also continuing with the local native title group, through Juru Enterprises Limited, to provide further skills and capacity building while undertaking land management activities within the Abbot Point SDA.” (27)

WJ Corporation

Kate Arnautovic’s honours these provides are very useful background on negotiations between the Wangan and Jagalingou People and Adani. The quote below should interest anyone who is concerned with transparent agreement making during the pre-determination phase.

In December 2012, Adani attempted to sideline the authority of the applicants and seek authorisation from the Wangan and Jagalingou Traditional Owners Aboriginal Corporation (WJ Corporation). The WJ Corporation is a representative body with a board of Wangan and Jagalingou family representatives (Adani Mining v. Jessie Diver & Others, 2013). While its membership is comprised of many Wangan and Jagalingou claimants, it also represents people who are not claimants. Patrick Malone told the NNTT that the membership of the WJ Corporation included ‘large numbers’ of people who were not descendants of the 12 families that constitute the claim group (Adani Mining v. Jessie Diver & Others, 2013).” (28)

References

(1) O’Faircheallaigh, Ciaran. ‘Mining royalties and Aboriginal autonomy’. Distinguished Lecture presented by the School of Government and International Relations, Griffith University. 9 August 2017 (Broadcast ABC Radio National: September 13, 2017).

http://www.abc.net.au/radionational/programs/bigideas/mining-royalties-and-aboriginal-autonomy/8808038

(2) Swifte, Michael. ‘Australia’s climate movement has been bought for a pittance.’ Blog: We Suspect Silence, May 13, 2014.

https://wesuspectsilence.wordpress.com/2014/05/13/australias-climate-movement-has-been-bought-for-a-pittance/

(3) Goff, Stan. ‘On Strategy, Tactics & Intelligence’. Huffington Post: The Blog.

Originally published February 1, 2007. Updated May 25, 2011.https://www.huffingtonpost.com/stan-goff/on-strategy-tactics-intel_b_40222.html

(4) Swifte, Michael. ‘The National Native Title Tribunal: Arbiter or “record keeper”?’ Blog: We Suspect Silence, May 10, 2017.

https://wesuspectsilence.wordpress.com/2017/05/10/the-national-native-title-tribunal-arbiter-or-record-keeper/

(5) Swifte, Michael. ‘Confirmation that the North Galilee Basin Rail Project is the Adani rail project being considered by the Northern Australia Infrastructure Facility’. Blog: We Suspect Silence, September 8, 2017.

https://wesuspectsilence.wordpress.com/2017/09/08/confirmation-that-the-north-galilee-basin-rail-project-is-the-adani-rail-project-being-considered-by-the-north-australia-infrastructure-facility/

(6) Swifte, Michael. ‘Unpacking the Galilee Basin shell game’. Blog: We Suspect Silence, December 24, 2017.

https://wesuspectsilence.wordpress.com/2017/12/24/unpacking-the-galilee-basin-shell-game/

(7) Greenpeace Australia Pacific. ‘Off Track: Why NAIF can’t approve the Carmichael Rail Project’. December 2016.

https://d68ej2dhhub09.cloudfront.net/2021-Off_Track_-_Why_NAIF_can%E2%80%99t_approve_the_Carmichael_Rail_Project_(web_version).pdf

(8) Lyons, Kristen, Brigg, Morgan, and Quiggin, John. ‘UNFINISHED BUSINESS: ADANI, THE STATE, AND THE INDIGENOUS RIGHTS STRUGGLE OF THE WANGAN AND JAGALINGOU TRADITIONAL OWNERS COUNCIL’. 2017.

http://earthjustice.org/sites/default/files/files/Unfinished-Business.pdf

(9) Swifte, Michael. ‘Why is there so much silence around the North Galilee Basin Rail Project and related Indigenous Land Use Agreements?’. Blog: We Suspect Silence, February 17, 2017. https://wesuspectsilence.wordpress.com/2017/02/17/why-is-there-so-much-silence-around-the-north-galilee-basin-rail-project-and-related-indigenous-land-use-agreements/

(10) National Native Title Tribunal: Register of Indigenous Land Use Agreement Details. ‘QI2014/072 – Kyburra Munda Yalga Aboriginal Corporation RNTBC and Adani Mining North Galilee Basin Rail Project ILUA’. November 24, 2014.

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/072

(11) National Native Title Tribunal: Register of Indigenous Land Use Agreement Details.

‘QI2014/080 – Birriah People and Adani Mining North Galilee Basin Rail Project ILUA’. April 24, 2015.

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/080

(12) National Native Title Tribunal: Register of Indigenous Land Use Agreement Details.

‘QI2014/065 – Bulganunna Aboriginal Corporation and Adani Mining Carmichael North Galilee Basin Rail Project ILUA’. January 5, 2015.

http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/Pages/ILUA_details.aspx?NNTT_Fileno=QI2014/065

(13) Queensland Treasury: RTI disclosure log – 2016 and earlier. RTI 493. Disclosure made to Jeremy Tager at the North Queensland Conservation Council. Released December 17, 2014.

https://www.treasury.qld.gov.au/about-treasury/right-to-information/previous-disclosure-log-php/

(14) Swifte, Michael. ‘Only a “standard gauge” rail line will deliver the economies of scale to open up the Galilee Basin’. Blog: We Suspect Silence. April 14, 2017.

https://wesuspectsilence.wordpress.com/2017/04/14/only-a-standard-gauge-rail-line-will-deliver-the-economies-of-scale-to-open-up-the-galilee-basin/

(15) Roe, Isobel. ‘Native title holders lodge objection to proposed North Galilee Basin rail project’. ABC News. October 20, 2014.

http://www.abc.net.au/news/2014-10-20/native-title-holders-lodge-objection-to-proposed/5826168

(16) Pers, Comm,. NNTT. May 10, 2017.

(17) Pers, Comm,. NNTT. May 10, 2017 and May 23, 2017.

(18) Pers, Comm,. NNTT. October 18, 2017.

(19) Pers, Comm,. NNTT. (multiple occasions in late 2016 and 2017).

(20) Pers, Comm,. NNTT. October 18, 2017.

(21) Koori Mail. Ed 581. July 30, 2014.

https://aiatsis.gov.au/sites/default/files/docs/digitised_collections/the_koori_mail/581.pdf?width=900&height=800&iframe=true

(22) Koori Mail. Ed 584. September 10, 2014.https://aiatsis.gov.au/sites/default/files/docs/digitised_collections/the_koori_mail/584.pdf?width=900&height=800&iframe=true

(23) Koori Mail. Ed 592. January 14, 2015.https://aiatsis.gov.au/sites/default/files/docs/digitised_collections/the_koori_mail/592.pdf?width=900&height=800&iframe=true

(24) National Native Title Tribunal. Extract from Register of Indigenous Land Use Agreements. ‘Juru People and Adani Abbot Point Terminal ILUA’. January 20, 2014.http://www.nntt.gov.au/searchRegApps/NativeTitleRegisters/ILUA%20Register/2013/QI2013.036/ILUARegisterExport.pdf

(25) Federal Court of Australia, Queensland Registry. File number: QUD244/2017. JURU ENTERPRISE LIMITED v ADANI AUSTRALIA COMPANY PTY LTD ABN 87 163 221 609 AS TRUSTEE OF ADANI AUSTRALIA HOLDING TRUST& ANOR. Updated February 8, 2018.https://www.comcourts.gov.au/file/Federal/P/QUD244/2017/actions

(26) Egan, Geoff. The Morning Bulletin. ‘Juru missed out on $1m from Adani: court’.June 1, 2017. https://www.themorningbulletin.com.au/news/juru-missed-out-on-1m-from-adani-court/3184689/

(27) Queensland Government. Department of State Development. Annual Report 2016-2017.http://www.parliament.qld.gov.au/documents/tableOffice/TabledPapers/2017/5517T1706.pdf

(28) Arnautovic, K. (2017). Resources, race and rights: A case study of Native Title and the Adani Carmichael coal mine. Retrieved fromhttp://ro.ecu.edu.au/theses_hons/1503

Well Funded Traditional Owner Splinter Group Continues To Fight Over Land Use Agreement With Adani Mining Company

Wangan and Jagalingou Family Council

December 2, 2017

 

“We, the Wangan and Jagalingou people, are the Traditional Owners of the land in Queensland’s Galilee Basin. Corporate conglomerate, Adani, wants to use our ancestral lands for their Carmichael coal mine. We do hereby firmly REJECT a Land Use Agreement with Adani for the Carmichael mine on our traditional lands. We DO NOT consent to the Carmichael mine on our ancestral lands.We DO NOT accept Adani’s “offers” to sign away our land and our rights and interests in it. We will not take their “shut up” money. We will PROTECT and DEFEND our Country and our connection to it.”

 

The Wangan and Jagalingou people are the proud Traditional Owners and Native Title Applicants of a vast area of land in central-western Queensland. [Source]

Commentary by Wrong Kind of Green’s Australian correspondent Michael Swifte:

“People should be asking the Queensland South Native Title Services about that dodgy vote. They are the brokers on behalf of the W&J (Wangan and Jagalingou) claim group. We should also be asking the National Native Title Tribunal what information they actually collect from Registered Native Title Bodies Corporate and their agents for use in arbitration for disputes over ILUA negotiations. Having spent several hours on the phone with the NNTT trying to ascertain if the ILUA negotiations with the Juru, Birriah, and Jannga peoples over the North Galilee Basin Rail Project corridor I can say with absolute confidence that the NNTT is in no position to effectively arbitrate any conflict over negotiations and voting meetings.

In a document titled ‘Unfinished Business‘ authored by the very same people who’ve written the installments in the recent New Matilda 5 part series on the W&J Family Council, the QSNTS and the NNTT are identified as active agents in delivering outcomes that favour the Queensland Government and Adani.

“The W&J argue that their engagements with the native title regime, including through organisations including the NNTT and the local NTRB, Queensland South Native Title Services, have seen the consistent prioritising of state and mining interests over their own interests in exercising meaningful consent in relation to Country.” [p. 26, UNFINISHED BUSINESS: ADANI, THE STATE, AND THE INDIGENOUS RIGHTS STRUGGLE OF THE WANGAN AND JAGALINGOU TRADITIONAL OWNERS COUNCIL 2017]

+++

Watch this powerful video and commentary shared by Wangan and Jagalingou Traditional Owners Council:

“Murrawah’s question to ABC Q&A last night… If only they ran it! Instead, there are those who have nothing to do with our country or people, who aren’t correct about what’s been happening to W&J, like Warren Mundine, who get to speak instead of us. If this question was put, he wouldn’t get such a free run at misinforming the community, like he did last night.”

Youth spokesperson for the W&J Traditional Owners Council, Murrawah Johnson:


“Adani and the State Government didn’t ‘negotiate’ and achieve the free, prior, informed consent of the W&J people. Instead Adani, backed by the State Government and past NNTT decisions, relied on the threat that they would compulsorily take our land.

 

The meeting, that all these Adani supporters cite where the purported majority voted for the ILUA 294 to 1, is not a true expression of the W&J Traditional Owners. Over 220 of that meeting’s attendees are people that are not Wangan and Jagalingou people according to our law and custom. They have never been involved in the W&J claim or decision making, and are identified with other people and claims. They were bussed in and paid for at Adani’s considerable expense, while hundreds of the rightful W&J Traditional Owners refused to attend this sham meeting.” [Source]

Crude Awakening

Public Good Project

March 15, 2016

by Jay Taber

 

Lummi hereditary chief Bill James, on the beach at Cherry Point, says saving it is to preserve "the tribe's very way of life."   It's the site of an ancient Lummi village. ref to video of James and more photos Lummi Indian tribe and opposition to development of Cherry Point into a coal export terminal.  Traditional grounds of the Lummi people.   Friday Dec. 11, 2015

Friday Dec. 11, 2015: Lummi hereditary chief Bill James, on the beach at Cherry Point, says saving it is to preserve “the tribe’s very way of life.” It’s the site of an ancient Lummi village. (Alan Berner/The Seattle Times)

 

Now that the U.S. crude oil export ban has been lifted, and ‘bomb trains’ are already rolling into the four Pacific Northwest refineries, the three-year-old conflict between Indian tribes and fossil fuel exporters opens up vast opportunities for Anti-Indian Movement organizing, with some really deep pockets behind it. By comparison, White Power on the Salish Seapromoted by coal exporters — could seem like a mere warm-up for organizations like Citizens Equal Rights Alliance (CERA), “the Ku Klux Klan of Indian country”.

Press statements by leaders from the Affiliated Tribes of Northwest Indians, the National Congress of American Indians and Coast Salish Nation indicate they will intervene to guard against these orchestrated attacks on tribal sovereignty and treaty rights, but the federal courts are decidedly unfavorable after all the Reagan/Bush judicial appointments. Since the tribes will likely continue pursuing administrative remedies through federal departments like Interior, much will depend on the next US administration. In that regard, things will probably get worse.

The tribes can now invoke international law under the 2007 UN Declaration on the Rights of Indigenous Peoples, seeking relief from the Organization of American States, but under US law they first have to exhaust domestic administrative remedies. And that takes years, during which time CERA and the Tea Party will undoubtedly continue inflaming the dispute, while fossil fuel exporters continue capitalizing on fear.

Since journalists covering this impending pandemonium will rely on corporate press releases and government pronouncements, it falls on the shoulders of think tanks like the Center for World Indigenous Studies, the Institute for Research and Education on Human Rights, and Public Good Project to contextualize things in the midst of fossil-fueled chaos.  To avoid bloodshed, we will need to provide easily searchable background materials in advance of the imminent mayhem.

Meanwhile, mainstream media studiously avoids exposing the corporate-backed, organized racism by organized labor, intended to incite resentment and provoke Wise Use terrorism toward American Indian tribes.

 

 

[Jay Thomas Taber is an associate scholar of the Center for World Indigenous Studies, a correspondent to Forum for Global Exchange, and a contributing editor of Fourth World Journal. Since 1994, he has served as communications director at Public Good Project, a volunteer network of researchers, analysts and journalists engaged in defending democracy. As a consultant, he has assisted indigenous peoples in the European Court of Human Rights and at the United Nations. Email: tbarj [at] yahoo.com Website:www.jaytaber.com]

 

Reality Check: Germany Does Not Get Half of its Energy from Solar Panels

The Energy Collective

August 18, 2014

By Robert Wilson

The rise of the Internet means that simple factual issues can be checked quicker than would have been believed possible a generation ago. The rise of social media means that facts are not checked, they are retweeted.

Such is the case with renewable energy in Germany, where it appears almost anything is to be believed.

Here is the most popular meme: “Germany now gets half of its energy from solar panels.” This does the rounds of Twitter and Facebook almost every day. In fact, it has now spread to more reputable outlets such as Popular Mechanics, and has even appeared on the website of Richard Dawkins, the inventor of the term meme, under the headline “Germany Now Produces Half Of Its Energy Using Solar.” The problem, of course, is that Germany does not get half of its energy from solar panels, and will not do so any time soon.

As with any myth there are multiple versions. In this case it is either that Germany gets half of its electricity or half its energy from solar panels. The latter version is easily refuted by pointing out that the majority of German energy consumption is not in the form of electricity. BMWs, Mercedes and Volkswagens run on petrol and diesel, not electricity.

The more common version of the myth is debunked with simple reference to Germany’s official statistics for electricity generation. And what they tell us is quite simple. Germany does not get half of its electricity from solar panels, instead the figure is around ten times lower. Last year only 4.5% of Germany’s gross electricity generation came from solar panels, far short of 50%.

And if you want to think that half of Germany’s electricity comes from something green you will be disappointed. 46% of generation comes from coal. And just over half of coal powered electricity in Germany comes from burning lignite, perhaps the most polluting way to generate electricity on the planet.

GermanyElectricityMix

These statistics, then, make it clear that the “solar revolution” that has supposedly occurred in Germany is not worth the name, and is mostly just a combination of hype and wishful thinking. I can make this even clearer by comparing the growth of solar in Germany with that of more old fashioned forms of electricity generation.

In 1990, Britain got no electricity whatsoever from gas power plants. Yet, within one decade this went from zero to forty percent. This is a much more rapid growth than has been in German solar wind, or anything else. In fact, no country has grown any source of renewable electricity at such a speed.
An even more sobering comparison, given Germany’s much trumped green credentials, is with the growth of coal power plants this decade. At the end of last year Germany had a total of 36 gigawatts of installed solar capacity, and this produced 28.3 terawatt hours of electricity. However, between 2011 and 2015 Germany is opening 10.7 gigawatts of new coal power plant capacity. The consulting company Poyry projects that these new coal power plants will have average capacity factors of 80%. If so, they will have a combined average annual output of 75 terawatt hours. In other words, in five years Germany is opening coal capacity which will have an annual output of more than double that from all of its solar panels. However, this comparison is perhaps too generous. Solar panels typically last twenty to twenty five years, but coal power plants easily last twice that long.
What we are seeing in Germany, then, is much more of a coal lock-in than a solar revolution.
And solar power in Germany faces fundamental problems. For obvious physical reasons – the sun always sets – there is absolutely no output from solar panels a lot of the time. In the case of Germany it is around 46% of the time. However, Germany can, on a sunny day, get a lot of its electricity demand from solar panels. On the occasional sunny day solar panel output can exceed half of total electricity demand. This is the source of the myth that Germany gets half of its electricity from solar panels. Media reports on solar in Germany focus on the peak, and not on the average.
The average, well, that’s one tenth of the peak, but I guess not even half of the story.
Germany’s solar output varies massively during the year, and these variations can be made clear by a simple comparison. Daily output of Germany’s solar panels peaked last year on 21st of July, when panels produced 20.9% of daily electricity demand. In contrast, the worst day of the year was 18th January when solar panels produced just over 0.1% of Germany’s electricity demand. This second statistic has, unsurprisingly, failed to elicit any headlines.

PVhighlow

During large stretches of winter Germany’s solar panels generate almost no electricity, with output from solar panels being fifteen times higher in July than in January last year. In addition, Germany’s annual consumption of electricity peaks in Winter evenings, when solar panels reliably generate no power. These simple realities mean that Germany, or any other cloudy and high latitude country, will struggle to generate truly revolutionary amounts of electricity from solar panels.

I will end with a simple calculation of how long it will take Germany to reach 50% solar electricity given current build rates.

The new German government has put in place a long-term target of having between 2.5 and 3.5 gigawatts of solar panels installed each year. If we take the higher figure, and assume that 3.5 gigawatts is installed each year, it will take Germany almost ninety years to reach 50% solar electricity. This however is an underestimate. Solar panels must be replaced every twenty or twenty fives years, and 50% solar energy in Germany would require massive advances in energy storage techniques. Germany, then, is around a century away from getting half of its electricity from solar panels.

Does this look like a revolution?

 

 

Notes

1. Statistics for Germany’s energy consumption are available from BP and Eurostat. In total, solar energy was 2% of Germany’s primary energy consumption last year, using BP’s statistics. The precise percentage however will vary depending on how energy consumption is defined. If we used the IEA’s definition of primary energy consumption for solar, then the figure would be around 1%. I discussed the problem of measuring renewable energy consumption here.

2. Annual electricity production statistics by energy source for Germany are available from AGEB, while Transparency EEX provides real-time production of solar power. Hourly solar power production for the last three years is available at the website of PF Bach.

3. The points made about seasonal variation of solar power output are not particularly valid for lower latitude countries. For example, capacity factors of American solar panels indicate a much flatter seasonal output. There are no long stretches of the year where most of America’s solar panels are producing essentially no power.

 

[Robert Wilson is a PhD Student in Mathematical Ecology at the University of Strathclyde. His secondary interests are energy and the environment and writes on these issues at The Energy Collective. Follow him on Twitter: @PrimedMover Email: robertwilson190 at gmail.com or robert.wilson at strath.ac.uk]

Black On The Old Plantation | Civil Rights Organizations Enslave Themselves to Corporate Funding

A Black Agenda Radio Commentary by BAR managing editor Bruce A. Dixon

Metro Atlanta is now the second largest concentration of African-descended people in North America. But with civil rights organizations firmly in corporate pockets, it’s still a spot where the racist corporations like Southern Companies feel free and unashamed to celebrate their history of theft and plunder and future prospects of the same. What does that say about the state of black leadership, about all of us?

06/27/2012
by Bruce A. Dixon

 

Southern Companies purchased its very own civil rights organization…”

There was a time when the master class of the American South would gather under the shade of carefully pruned magnolia trees to gamble, sip mint juleps, tell tales and celebrate themselves in the midst of stolen wealth trampled from the hides of mother nature, Native Americans and African-descended slaves. In the 21st century South, where as Faulkner said, the past ain’t even past, not much has changed.

Southern Companies is a greedy rapacious corporation that owns power generation and delivery networks throughout the southeast. They own coal, gas and nuclear plants. They endow college and university chairs and scholarships, community organizations and local churches. In whole or in part, they own hundreds of judges and politicians across the region including many black ones, right up to a piece of the White House itself. Their influence is a big reason why Obama called himself the president of “clean coal and safe nuclear power.” One of Barack Obama’s first acts as president was to grant $800 million in free loan guarantees to build the nation’s first new nuclear power plant in 30 years right next to an existing pair of leaky nukes believed responsible for a cancer epidemic in mostly black Burke County GA, one of the poorest places in the South. Southern Companies-owned politicians have also allowed it to charge millions of ratepayers $15 and $20 monthly to cover advance construction costs of the new nukes so it need not invest any of its vast cash reserves.

To insulate themselves against charges of environmental racism for poisoning poor blacks in Burke County, Southern Companies doesn’t just make wild claims about how many Homer Simpson jobs new its nuclear plants will produce. Southern Companies purchased its very own civil rights organization, the Atlanta-based Southern Christian Leadership Council, originally founded by Dr. Martin Luther King himself. A Southern Companies CEO headed up SCLC’s building fund and raised over $3 million to pay for its new office buildings on Atlanta’s Auburn Avenue.

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