First Nations rights advocate, Adrian Burragubba has launched new litigation aimed at preventing the destruction of the Doongmabulla Springs by putting a stop on the Carmichael coal mine.
Mr Burragubba is the Senior Cultural Custodian of the Nagana Yarrbayn Wangan & Jagalingou Cultural Custodians, who have authorised the case.
Mr Burragubba said on Saturday that despite many warnings, the Queensland government has failed to act, noting that reports provided to the government reveal Adani's Carmichael Mine has consistently exceeded environmental limits that were imposed to protect the springs.
On 23 November 2024, lawyers acting for Mr Burragubba and the Cultural Custodians issued a letter to the Minister for Environment and Science, Leanne Linard, requesting the Minister "urgently exercise her available statutory powers" under the Environmental Protection Act "to prevent any further open cut mining activity", until she can be "satisfied with sufficient scientific certainty that there is not, and is no threat of, environmental harm to the Springs from that activity".
The Cultural Custodians have commissioned two environmental science reports, prepared by independent experts, Professor Matthew Currell and Professor Adrian Werner, to review the evidence. The Minister and Department have received these reports.
Mr Burragubba's case will argue that the open cut mining poses an imminent threat of permanent and irreversible harm to the Doongmabulla Springs, which are a significant sacred site of Wangan and Jagalingou ancestor dreaming, Mundagutta (the Rainbow Serpent).
Mr Burragubba said he is seeking the intervention of the Supreme Court because the Queensland government has failed to act to protect the Doongmabulla Springs consistently with the Environmental Protection Act.
"Working with scientists, we have identified threats of serious environmental harm to the Doongmabulla Springs Complex, the site of immense spiritual, cultural, and environmental value for us. Our connection to Country depends on the conservation, maintenance, and protection of this significant sacred site," he said.
"If water extraction and pollution from the Adani mine are allowed to continue, the Springs will be destroyed forever, permanently breaking our spiritual connection to our Ancestors and Creation stories.
"In failing to act to stop the harmful impacts of Adani's mine, the Queensland government has allowed the threats to multiply and in so doing, they have denied us of our Cultural Rights that are protected by human rights laws."
Mr Burragubba said he has been urging the State to take protective measures since April 2021, when the cultural custodians first raised the alarm on the threat to Doongmabulla Springs with the Minister.
W&J cultural custodian, and First Nations lead for organisation "Youth Verdict", Murrawah Johnson, said: "This is about our water."
"The evidence of harm being done by this project, with the license of the State, shows what we have been warning about," she said.
"The government's refusal to address this means that it is not just careless but callous about our cultural rights. There is no way for them to deny that they have heard our concerns about the need to protect our water and our ancient culture; or seen the evidence of harm.
"The government is not best placed to make decisions about what happens on our Country. As custodians, we are the ones who understand Country and had the foresight to recognise the threats to our water. The environmental approval should not have been given."
Ms Johnson successfully led the Cultural Rights action in the Waratah Coal land court case.
The W&J Cultural Custodians will seek an order from the Supreme Court to force the state government to protect Doongmabulla, safeguard cultural heritage, and defend human rights.
More to come.
