Judge grounds anti-Adani protesters
MINING giant Adani has won a court order banning a well-known Aboriginal activist, his son and anyone with a "similar" interest in their fight against the mine, from stepping foot on the Carmichael Mine land.
The ban came four weeks after the activist's son allegedly threatened to recruit an "army" of "thousands" of protesters from "the city" to "fight" Adani with an illegal camp on the Adani land in the north of the Gallilee basin.
On October 8, Supreme Court Justice Glenn Martin ordered Adrian Burragubba, 59, from East Brisbane, his son Coedie McAvoy and members of the Wangan and Jagalingou traditional owners, or anyone aligned with them, be banned from "entering or remaining on" the land, or "in any way physically interfering with the land" until a final hearing is completed.
Adani successfully argued in court that Mr Burragubba, Mr McAvoy and other activists trespassed on the mine land 160km northwest of Clermont between August 30 and September 5 when they set up a small protest camp.
Mr Burragubba is a traditional land owner who unsuccessfully fought in the courts to stop Adani's $2 billion mine.
He is described in court documents as the senior spokesman and cultural leader of the Wangan and Jagalingou traditional owners council.
Adani submitted that the pair and members of their group "indicated an intention" to return and trespass at the mine site when Mr McAvoy posted on Facebook on September 5 that he planned to recruit an "army" of "thousands" of protesters from "the city" to "fight" Adani.
In another Facebook post on September 28, Mr McAvoy claimed the Adani land was his "corroboree ground".
In a letter to Mr Burragubba, Mr McAvoy and Wangan and Jagalingou traditional owners on September 6, Adani's lawyers Dowd and Co, told them that Adani "has a deep respect for the traditions and customs of traditional owners" and reminded the group they could apply to visit the land for "cultural purposes" under the Indigenous Land Use Agreement.
Mr Burragubba and his followers are alleged to have set up their protest camp around August 26, when the land was part of Adani's pastoral lease.
Adani claims their alleged trespassing began on August 30 after the state government converted the land to freehold title under Adani's exclusive control.
Adani alleges video footage taken in September proves the pair was trespassing on the land and used a photo of Mr Burragubba standing next to a sign declaring the land "sacred site", which was posted on Mr McAvoys Facebook page on September 5.
Mr McAvoy claimed in another Facebook post, tendered in court documents, that his protest camp was "encircled by Adani security, round the clock all five access points are blocked by security cars parked across the road."
The court order gives Adani the power to force the removal of any people who have "the same interest" as Mr Burragubba and his son from Adani land, provided Adani goes back to court.
This power is available under cases filed as representative proceedings.
The case is set to return to court next year.