Standing with Jonathan Moylan

Jonathan Moylan

Today in Sydney up to 50 people will be gathering at Downing Street local court, Sydney, in a silent vigil for Jonathan Moylan’s first court appearance for the Whitehaven coal action. He has been charged under Section 1041E of the Corporations Act for an action in January after sending a release from ANZ bank claiming they were withdrawing $1.2 billion in funding for Whitehaven’s Maules Creek coal mine.

Maules Creek farmer Rick Laird travelled 500 kilometres to support Jonathan; “I am here today to stand with Jonathan, as he has stood with us to defend our farmland and water. If this project goes ahead it could gut the community – the coal dust will make the entire valley uninhabitable”, said Mr Laird.

Rick Laird’s family have lived in the area due to be destroyed by Whitehaven’s proposed mine since the 1830’s. Should the mine go ahead more than 25 families could be forced out of their homes, the water table will be lowered by more than 5 metres, 18 000 tonnes of coal dust will be dumped on surrounding farmland and a critically endangered Box Gum forest which is habitat for koalas and 23 threatened species will be devastated.

The Whitehaven coal mine is a contested and controversial project – opposed by the local community, including the Gomeroi traditional owners, and is currently subject to a federal court challenge alleging the project was fast tracked with environmental impacts not adequately assessed.

Whilst this project remains mired in controversy, and ASIC is widely condemned for their seeming inability to prosecute corporate crime, a young man is facing up to ten years in prison and $495 000 in fines.

“This was a responsible, educated young man acting in good conscience, not for personal gain but in support of the local communities and farmers who would be devastated by this mine, and the wider world which will be harmed by it. He reminded the market of the greater responsibility it has when it comes to such destructive projects,” said Brian Walters SC, senior barrister and human rights advocate.

Mr Moylan is the first individual to be charged under Section 1041E of the Corporations Act.

“Jonathan’s actions highlighted a growing concern in the community about the disproportionate influence of big coal, and big banks, at the expense of our farmland and water. The broad support for Jonathan that is coming in from around the country is evidence of that.

“From farmers to political leaders, from Uniting Church ministers to students – thousands of people across the country are joining together to Stand with Jonathan Moylan,” said Nicola Paris, spokesperson for ‘We Stand with Jonathan Moylan’.

Farmer Rick Laird will be available for interview at the hearing. Mr Laird’s family has been in the region affected by Whitehaven’s Maules Creek mine since the 1830s.
The Leard State Forest, which is named after his family and is a national biodiversity hot spot, would be bulldozed if the mine is to go ahead.

Last Friday 19 July 2013, local community group Northern Inland Council for the Environment launched a legal challenge in the Federal Court to the former Federal Environment Minister’s approval of Whitehaven’s Maules Creek mine and the neighbouring Idemitsu Boggabri open cut coalmine.

BACKGROUND

The Maules Creek Coal and Boggabri Coal projects are located near Narrabri in north-west NSW.
The Whitehaven Maules Ck mine is a new greenfield open-cut project that will extract 13 million tonnes per annum of coal and clear approximately 2,000 hectares of land. Nathan Tinkler sold his stake in the project earlier this year.
The Idemitsu Boggabri mine is an expansion to a current open-cut mine to extract 7 million tonnes per annum of coal which will clear approximately 1,535 hectares of land.

Approval Process and Investigations

On the 6th February 2013, the Federal Environment Minister extended the deadline for a Federal decision on the mines to 30th April 2013 ( http://www.northerndailyleader.com.au/story/1286836/further-delay-for-maules-ck-expansion/ ).
However, on the 11th February 2013 the Minister back-flipped, approving the projects in a rush after a letter from him to the NSW Government was leaked to the media on the 9th February. ( http://www.smh.com.au/federal-politics/political-news/burke-approves-huge-gas-and-coal-plans-20130211-2e8vh.html ) ( http://www.smh.com.au/environment/conservation/burke-intended-to-approve-coal-mine-before-hoax-20130208-2e3rd.html )
On the 6th July 2013, Whitehaven claimed to have all final approvals needed to commence construction of the mine. ( http://www.abc.net.au/news/2013-07-06/whitehaven-tells-asx-maules-creek-mine-has-final-approval/4802930 )
The two mines are now subject to a Federal investigation as to whether they used false and misleading information in order to obtain approval[1].
Former owner of the Maules Ck coal mine, Tinkler company Aston Coal, is currently being prosecuted for failure to disclose reportable political donations. ( http://www.planning.nsw.gov.au/LinkClick.aspx?fileticket=foCTMK-bL_o%3d&tabid=502&language=en-US )

Cumulative Environmental Impacts
( http://maulescreek.org/biodiversity-value-and-environmental-impacts/ )

The mines will clear the largest remnant of bushland left on the Liverpool Plains, Leard State Forest, which is part of a national biodiversity hotspot.
The mines will impact on habitat for up to 396 plant and animal species and as many as 23 threatened species.
It is estimated that the mines will lead to a 5-7m drop in the water table and up to 18,000 tonnes of dust being dropped on surrounding farms each year.
Total greenhouse gas emissions from the coal produced will, when burnt, exceed 60 Mt/yr of CO2 equivalent – a total greenhouse impact greater than that of 165 individual nations, including Sweden, Hungary and Finland. ( http://maulescreek.org/wp-content/uploads/2012/05/Appendix-4-Maules-Creek-Coal-Emissions.pdf )

Community Opposition

There has been concerted community opposition to the two mines since 2010 from all the key sectors of the community including farmers, Traditional Owners and environmentalists.
Earlier this year the Maules Ck coal mine was the subject of a media release by Jonathan Moylan which has recently led to his prosecution by ASIC. ( http://www.smh.com.au/business/charge-laid-after-whitehaven-hoax-email-20130702-2p9x6.html )
Last week Gomeroi elders walked off the job conducting cultural heritage surveys for Whitehaven Coal in protest at the Maules Ck coal mine. ( http://www.guardian.co.uk/world/2013/jul/08/whitehaven-coal-mine-protest )

[1] Investigation acknowledged by SEWPaC in answers to Senate Estimates questions, see page 76 http://www.aph.gov.au/Parliamentary_Business/Hansard/Estimates_Transcript_Schedule