WE’LL SORT YOU CLIVE

Group offers to raise money for lawyers as Palmer cries poor

A GROUP of young citizens has offered to help billionaire Clive Palmer pay to fly lawyers to the Torres Strait after his mining company claimed it was too expensive to get there to take evidence from First Nations people on country.

Youth Verdict, a coalition of young Queenslanders, along with The Bimblebox Alliance have opposed the billionaire’s proposed Galilee Basin coal mine and argue the project violates their human rights as well as the rights of Indigenous people to practise their culture.

As part of the Land Court of Queensland proceedings against the $6.4bn Galilee Coal Project, formerly China First, a group of Indigenous witnesses has asked to give evidence on country in Cairns and the Torres Strait.

A site inspection is also proposed.

In a landmark case, the Queensland Land Court has ruled that evidence from Indigenous witnesses should be taken on country following traditional practices.

Waratah Coal opposed the application and argued the cost, an estimated $80,000, was disproportionate.

The company claims evidence could be given in Brisbane or via video conference.

Court documents say the evidence of traditional knowledge and culture is “central” to the objection to the mine and refusing the request would “limit” the ability for the First Nations witnesses to enjoy and maintain their cultural heritage.

Lawyers from the Environmental Defenders Office represented Youth Verdict and argued that traditional knowledge was best spoken about on country before elders and lore keepers to ensure knowledge was held collectively.

Site inspections are a normal part of mine objection hearings but on-country evidence is not, though it is common practice for native title and heritage claims.

The on-country evidence is expected to establish how climate change will affect the cultural rights of Indigenous Queenslanders.

While Waratah predicted costs of about $80,000, the green groups made more modest estimates.

Youth Verdict and The Bimblebox Alliance offered to help the mining company raise funds to cover the cost of the exercise and say they will take lead on the logistics.

Land Court president Fleur Kingham said Waratah did not lead any evidence of financial incapacity and suggested it could send a “leaner” legal team than usual.

She said the company accepted the witnesses’ strong connection to the land and animals.

“(Waratah) does not dispute there will be sea-level rise, that the climate will warm … or that different aspects of the witnesses’ traditional way of life will change,” she found.

“This does not mean there will be no contest about their evidence.”

Ms Kingham said in reaching her decisions she acknowledged that the

Indigenous witnesses had complied with every court order but requested evidence be given on country as a matter of cultural preference.

“Written evidence from a First Nation’s witness is a poor substitute for oral evidence given on country and in company of those with cultural authority,” she found.

“Using videoconferencing technology … would limit the witnesses’ ability to fully observe the ceremonial aspect of impacting traditional knowledge.”

The court will travel to Cairns and the Torres Strait to take on evidence on traditional lands.