Billionaire businessman Gautam Adani has personally asked Prime Minister Malcolm Turnbull to introduce a law that prohibits activist groups from seeking judicial review of environmental approvals for major projects such as Adani's proposed $15 billion coal mine, rail and port project in Queensland.
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In what the Greens have described as "special treatment" for the mining magnate, Mr Adani used an hour-long meeting with Mr Turnbull on December 4 to put the proposal to the federal government.
"Now it is enough. They cannot continue to challenge the project. They cannot go for judicial review all the time. In OECD countries, you are not given approvals with closed eyes," Mr Adani told Indian media.
The Organisation for Economic Co-operation and Development (OECD) is an international forum of 34 countries of which Australia is a member.
In 2010 the Adani Group acquired the rights to develop the Carmichael coal mine in Galilee Basin of Queensland and a rail link with Abbot Point Port to ship the coal.
The project has been opposed by green groups.
Legal battles
In August Adani's federal environmental approval was set aside after a Federal Court challenge successfully showed the government failed to consider the impact of the project on two vulnerable species.
Environment Minister Greg Hunt re-approved the project in October, but a fresh Federal Court challenge has been launched by the Australian Conservation Foundation.
"They are finding some technicality to seek review; that anyone can do. Some technical mistake here and there and they go to court. That will not help the larger interest," Mr Adani said in an interview in Thiruvananthapuram on December 5.
Mr Adani said the project was "very important" from the point of view of both India and Australia.
"It's the world's largest coal reserve which will support a minimum 100 million people to have electricity and light and for 100 years," he said.
"Ultimately, a decision lies with the politicians. They have to go Parliament for enacting a special law which says that once government gives approval, no one can challenge it. That is what our request is to the Australian government. You come up with a special legislation which they have done in the past also.
"The challenge we are facing in Australia right now is [that] on the one side government is giving all approvals and on the other side, environment activists groups are seeking judicial review and that derails the whole project."
Mr Adani said ongoing court cases were hurting Adani's ability to raise money.
"Even though there is no stay, because of the judicial review, no lender will finance the project. They do not know what will be the outcome," he said.
No comment
Fairfax Media put questions to Mr Turnbull's office on Tuesday about his meeting with Mr Adani.
The Prime Minister's office refused to comment on what was discussed at the meeting, or to give a response to Mr Adani's proposal, which is similar to the so-called "lawfare" amendments proposed under former prime minister Tony Abbott.
A spokesman for Mr Turnbull confirmed the pair had met last week.
Greens Deputy Leader Larissa Waters said it was "clear that this massive foreign mining company is getting very special treatment by the Turnbull government".
"Where are the opportunities for renewable energy companies to sit one-on-one with the PM for an hour?" she said.
"The economic reality that coal is dead couldn't be made clearer than through the Adani company's admission that it can't get any finance for the Carmichael project."
An Adani spokesman said the company had publicly stated for some time that certainty on government approvals was necessary for the project to proceed.
"Clearly, this proposition applies to certainty for finance. This isn't new - Adani has been saying this since earlier this year," he said.
"Challenges to detailed, thorough, independent, science-based approvals that commence immediately after earlier challenges conclude on similar fact situations plainly aren't about a respect for process - they are about ideological opposition to mining projects more broadly."
A spokeswoman for Mr Hunt said the government still planned to pursue amendments to Australia's environment laws that would restrict the ability for green and community groups to object to major developments.
"Australia has very strong environmental laws which apply to everyone, and the government will not diminish any environmental protections or the penalties for breaking them," she said.
"The government has sought to ensure that American style serial litigation is not adopted in Australia, and that once the stringent environmental requirements are met, projects should not be subject to continuing stalling litigation.
"The proposed legislative amendments, which are not project specific, are currently before the Senate and won't be considered until the Parliament resumes next year."
Cross benchers, Labor and the Greens have previously indicated they would block the amendments.
'Unbankable' project
The project has been the subject of sustained debate with the Queensland Treasury describing the project as unbankable.
In August, the Commonwealth Bank's role as a financial adviser to the project ended. Several banks have also ruled out lending to the project.
The controversy has delayed the project by a year and a half, over which time the price of coal has slumped drastically and other mines on the east coast are being closed or facing production cuts.
with Bloomberg
