Judge blasts Adani deal

A FEDERAL Court judge has handed down a scathing assessment of an embattled Townsville indigenous corporation that negotiated a land use agreement with Adani without proper approval from Native Title holders.

Kyburra Munda Yalga Ab- original Corporation received more than $ 1 million for an Indigenous Land Use Agreement ( ILUA) it negotiated with Adani in 2014 that would allow the mining giant to carry out works to increase the capacity at Abbot Point port.

But last month, the Federal Court upheld an application made by another corporation, Juru Enterprise Limited ( JEL), who claimed Kyburra did not have approval to negotiate an ancillary agreement with Adani on behalf of the Juru Native Title Claim Group.

Both indigenous corporations represent various interests of the Juru people, who are the recognised native title holders of about 8500ha of land in the Cape Upstart National Park.

Justice Steven Rares’ full judgment published this month was highly critical of Kyburra’s attempted defence, which included arguments a deed produced in March 2017 gave them the right to replace JEL in talks with Adani.

During proceedings Kyburra conceded the Native Title Claim Group had not agreed that it would be the nominated body for the purpose of the ancillary agreement with Adani.

Justice Rares said this admission was “fatal” to Kyburra’s claims the 2017 deed had given them authorisation.

He also said Kyburra could not have satisfied the requirements to be the nominated Juru body because the corporation was under administration and on the brink of insolvency when the deed was produced.

“( Kyburra) was incapable of being, or becoming, the Juru nominated body,” Justice Rares said. “That is because, first, Kyburra had not complied with the standards of accountability required by laws under which it was established and, secondly, it was and remains in administration.”

Kyburra was placed into administration in October 2017 due to alleged financial mismanagement. The Bulletin un- derstands members of JEL now want to redo the cultural heritage work undertaken by Kyburra members for Adani due to “serious inaccuracies”.

A source said these inaccuracies include failing to identify areas of cultural significance for Juru people.

After the ruling, a spokesman for Adani told the Bulletin the company would abide by the court ruling. The spokesman said the Federal Court decision had no bearing on matters of cultural heritage.