Adani appeal hears claim he was denied 'justice'

ANTI-Adani campaigner Adrian Burragubba has told a court that Mines Minister Anthony Lynham's approval of the Carmichael mine denied him "natural justice".

Mr Burragubba is the spokesman for the central Queensland Wangan and Jagalingou indigenous people.

He has appealed Dr Lynham's approval of the mine, claiming he was not properly consulted on some elements of the decision.

Mr Burragubba's barrister David Yarrow told the Court of Appeal Dr Lynham made a decision based on information that would impact the W&J people but did not consult them.

Mr Yarrow said although Mr Burragubba had not lodged a complaint against the mine, he should have been consulted on the issues that affected him because he was known through the courts process.

But Crown barrister John McKenna said as Mr Burragubba was not a listed objector he should not be treated as one.

Mr McKenna said although the minister was required to consult on new developments with objectors, that was not the case for people who had not officially objected to a mine.

"All the material is new to someone who is not an objector. There is a gate point - you lodge an objection or you don't lodge an objection," he said.

He said it would be "administratively unworkable" to track down all people who may be affected on all issues - which was why the objection period existed.

"If you go into a process where there is no list of names and no list of issues and you have to find them, how would you be able to make that work?" he said.

Mr McKenna said the approval process as, a whole, was fundamentally fair.

The court will make its decision on the appeal at a later date.


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