Endangered Black-throated Finch in the Galilee

There are only two known strongholds of Southern Black-throated Finch left in the world: , and the landscape that encompasses the Carmichael mining lease area, particularly the Moray Downs property.

Experts agree that Moray Downs (the property where the Carmichael mine will go) is the most important site known for the birds anywhere in the world.

It supports the largest population of Southern Black-throated Finches in Australia and the area surrounding a site called ‘10 Mile Bore’ supports habitat critical for the birds survival. Last year, scientists from the CSIRO and James Cook University found a flock of at least 400 finches the 10 Mile Bore site - at least twice as many birds occurred in that single flock than the entire population left around Townsville. The Townsville population is also declining due to development pressures.

The bird is already at high risk of extinction. It is listed as endangered under both national and Queensland laws. It is presumed extinct in NSW.

Current State of Play

The Carmichael Mine had both its State and Federal Government approvals – however both approvals have been challenged in Court. The Federal Court has just overturned the Commonwealth approval of the Carmichael Mine. Whilst the Federal Court’s decision was based on a failure by the Minister to have regard to conservation advices for the threatened Yakka Skink and Ornamental Snake, the Minister will now need to decide whether or not to approve the mine again.

The judgement means the finch has a second chance.

BirdLife Australia is calling on Federal Environment Minister, , to use this second chance to protect the finch and ensure its survival into the future by considering new Black-throated Finch information. The concurrent Queensland Court case, which has yet to be resolved, has brought to light significant new information regarding the Southern Black-throated Finch (BTF). This information includes extensive evidence that was not available to the Federal Environment Minister, Greg Hunt, when he first made his decision to give Federal Government approval to the mine in July last year. In the Queensland Court Case Adani’s own Black-throated Finch expert did not dispute that, if the Carmichael mine proceeds it will result in the destruction of key critical habitat pushing the BTF closer towards extinction and admitted that the proposed offset area “would not necessarily have the capacity to take all of the birds”.

There are no examples of a population of BTF being successfully relocated or their habitat being successfully restored.

In addition, we are concerned with the reliability of the proposed offset area, particularly in regards to cumulative impacts. With at least six large open-cut mines planned for the , virtually the entire area available for offsets is subject to mineral exploration licenses.1 Little consideration is being given to the progressive and cumulative impact the Carmichael mine and associated infrastructure will have on the BTF. Proponents of the projects in the Galilee are arguing that they can effectively offset the impact of their individual developments yet already almost 170,000 hectares of prime BTF habitat will need to be created to compensate for current development approvals.

1 See S Vine and A Reside Report “The opening up of Queensland’s Galilee Basin to is bad news for the Endangered Southern Black-throated Finch”.

Detailed New Evidence

Critical habitat for significant population

The evidence presented in the Queensland case demonstrated that the population of Southern Black-throated Finch (BTF) on the Carmichael mining lease application (MLA), Moray Downs and wider landscape, is the most significant and largest population in Australia (and consequently the World); and the area surrounding 10 Mile Bore supports habitat critical for the species’ survival.2 Adani’s experts did not dispute that, if the Carmichael mine proceeds, it will result in the destruction of key critical habitat pushing the BTF closer towards extinction. It is this habitat that supports what is now believed to be a core population of BTF, and an area that provides an important function in sustaining that population.3 The EIS on behalf of Adani available to the Federal Minister during his assessment of the mine, did not recognise the significance of the population.4 Its significance is now recognised by the Black-throated Finch Recovery team and BirdLife Australia and is backed up by the recent evidence of the two BTF experts’ in the Queensland case. Adani’s own BTF expert agreed that a significant sighting of a flock of more than 400 BTF in September 2013, at the 10 Mile Bore site on Moray Downs within the MLA, is the biggest reported sighting of BTF anywhere. The significance of this sighting was understated in the EIS as a ‘flock of about 100 birds’. Clearly, the evidence presented during the Queensland Court case demonstrated that Adani’s reporting in the EIS was inadequate and did not provide sufficient information to properly assess the impact that the Carmichael development would have on the site’s BTF population or habitat values.5

Inadequacies of survey methodologies

Adani’s own BTF expert was highly critical of the survey methodologies used during the EIS process. It is these flawed methodologies undermine the reliability of the EIS and subsequent documents. These inadequate surveys have informed the conditions in the Coordinator-General’s Report. Assessments undertaken for the EIS prior to the Court case should now be disregarded and the impacts reconsidered.6 A detailed outline of the evidence regarding the inadequate survey methodologies is set out in Coast and Country’s submissions.7 In summary, the BTF experts agreed that:

(a) the baseline information provided in the EIS and subsequent documents is not sufficient to adequately understand the existing values of the site commensurate with the significance of the site’s BTF population;

(b) the design and application of the field survey program for the EIS documents was inadequate to properly understand the site usage and site values for BTF, especially with regard to breeding; and

(c) the information provided in the EIS documents cannot be relied upon to confidently assess: (i) the significance of the potential impacts to the BTF; (ii) the suitability of proposed mitigation measures; or (iii) the appropriateness of any offsets.

Insufficient offsets Based on the inadequacy of the information provided in the EIS and subsequent material, it was argued that the offsets cannot be assessed without a proper understanding of the values likely to be lost. The offset area considered in the case was chosen based on an inadequate understanding of the significance of the population.8 Adani’s own BTF expert gave evidence that the information provided in the EIS reporting only sought to establish that there is potential to meet the offset requirements,9 and that the offset area “would not necessarily have the capacity to take all of the birds”.10 That potential for offsets can be little more than hope, as the there are no examples of a population of BTF being successfully relocated or their habitat being successfully restored.

2 See Coast and Country’s closing submissions at [588]. 3 See the Coast and Country’s closing submissions at [589]. 4 See the Coast and Country’s closing submissions at [596]. 5 See the Coast and Country’s closing submissions at [590] and [597]. 6 See the Coast and Country’s closing submissions at [612]. 7 See the Coast and Country’s closing submissions at [612]-[641]. 8 See the Coast and Country’s closing submissions at [729]. 9 See the Coast and Country’s closing submissions at [641]. 10 See the Coast and Country’s closing submissions at [688].

In addition, BirdLife Australia is concerned with the reliability of the proposed offset area, particularly in regards to cumulative impacts. With at least six large open-cut coal mines planned for the Galilee Basin, virtually the entire area available for offsets is subject to mineral exploration licenses.11 Little consideration is being given to the progressive and cumulative impact the Carmichael mine and associated infrastructure will have on the BTF. Proponents of the projects in the Galilee are arguing that they can effectively offset the impact of their individual developments yet already almost 170,000 hectares of prime BTF habitat will need to be created to compensate for current development approvals.12 The cascading effect of cumulative impacts has been brought to light by scrutiny of the proposed China Stone mine. This mine would lie directly adjacent to the Carmichael mine site at Moray Downs and contains the only other known area of habitat similar to that which the BTF have been observed. There is little doubt then that clearing habitat for the proposed China Stone project will also have significant impact on this population. In the Court case, Coast and Country’s BTF experts gave evidence that such a negative impact at the heart of this BTF population would be detrimental to maintaining species viability.13

New Black-throated Finch (southern) Information The evidence given by the BTF experts during the Court case indicates that the population of BTF found at the Carmichael mine site is one of national significance and that the area surrounding 10 Mile Bore supports habitat that is “critical for the species survival”.14 The significance of this habitat, and corresponding significance of likely impact on this matter of national environmental significance, was not identified in the EPBC assessment and approval of Carmichael.

Evidence from the Queensland Court Case For an overview and context of the case, as well as all the documents see the website by Environmental Law Australia: http://envlaw.com.au/carmichael-coal-mine-case/

More Information on the Federal Court of Australia Decision http://www.edonsw.org.au/carmichael_case_win?utm_campaign=adanijudgement&utm_medium=email&utm_s ource=edonsw

11 See S Vine and A Reside Report “The opening up of Queensland’s Galilee Basin to coal mining is bad news for the Endangered Southern Black-throated Finch”. 12 Ibid. 13 See the Coast and Country’s closing submissions at [729]. 14 See the Coast and Country’s closing submissions at [595].