Samantha Hepburn writes in The Conversation (15.2.18) that, with pressure mounting on the state and federal governments over approvals for the Adani coal mine project, the Turnbull Government considered prosecuting Adani's potential environmental negligence over the history of its Australian CEO.
'It was reported this week that the federal Environment Department declined to prosecute Adani for failing to disclose that its Australian chief executive, Jeyakumar Janakaraj, was formerly the director of operations at a Zambian copper mine when it discharged toxic pollutants into a major river. Under the federal Environmental Protection Biodiversity Conservation Act, Adani is required to reveal the environmental history of its chief executive officers, and the federal report found Adani “may have been negligent”.
'The revelations come as Adani faces down the Queensland government in the planning and environment court, over allegations the company concealed the full amount of coal-laden water discharged into the fragile Caley Valley Wetlands last year.
'These concerns highlight some fundamental problems with the existing regulatory framework surrounding the long term utility and effectiveness of environmental conditions in upholding environmental protections for land impacted by mining projects.
'... While the Queensland Labor government considers whether to increase the regulatory pressures on Adani, by subjecting them to further EPBC Act triggers such as the water resource trigger or the implementation of a new climate change trigger, perhaps the more fundamental question is whether these changes will ultimately improve environmental protection in the absence of stronger transparency and accountability and more robust management and enforcement processes for environmental conditions attached to mining projects.'