The federal approval process for a new coal mine in Queensland is pressing ahead, despite revelations the project is under criminal investigation for illegal land clearing.
Government officials told a Senate committee this week about the criminal probe and confirmed the approval process was proceeding anyway, which sparked fury from the Greens and environmentalists.
In October, an ABC News investigation revealed allegations private coal company Vitrinite had illegally cleared 47 hectares of koala habitat prior to federal approval in Queensland's Bowen Basin.
A map of the Vulcan Mine site. The blue areas are part of the proposal, the red are the areas that have been cleared, allegedly without federal approval. (Supplied)
The area is listed as a "bulk sample" project to be used for testing resources for a larger proposed mine.
Vitrinite had approval from the Queensland government for an open cut mine to test the coal resources.
That open cut coal test pit and other mine infrastructure overlapped with areas still waiting for approval from the federal government.
It is a crime to proceed with any part of a project that has been referred for environmental approval by the federal government, before the approval is received.
It is also a crime to conduct an activity — like clearing koala habitat — without approval, if it has a real possibility of significantly impacting an endangered species.
A drone image of the 'test pit' area showing what appears to be coal and machinery operating in the pit on September 20, 2024. (Supplied)
Vitrinte told ABC News the activity it had begun was not part of the bigger mine project, despite being in the same location, and it was not of a scale that requires its own referral.
"Vitrinite has all required government approvals in place for the bulk sample activities," chief operating office Michael Callan said.
He said they underwent an assessment as part of the Queensland government approvals that determined there would not be any "significant residual impact" from the sample mine.
"The bulk sample activities are continuing pursuant to all required approvals," Mr Callan said.
Senators told of criminal probe
Revelations of the criminal probe, which is being conducted by the federal environment department, came under questioning from Greens Senator Sarah Hanson-Young.
Department officials told the Senate the federal approval assessment process would not be impacted by the investigation while it was underway.
The officials said approval could be granted to the mine by another section of the federal environment department before the investigation was complete.
"It was astounding to learn … that despite the fact the department is undertaking a criminal investigation, the minister is set to approve this mine in a matter of weeks – even before we know the outcome of that investigation," Senator Hanson-Young said.
The revelations of the criminal investigation came under questioning from Greens Senator Sarah Hanson-Young. ( ABC News: Matt Roberts )
Environment Minister Tanya Plibersek can seek a court-ordered injunction to stop the mining activity from continuing.
Department officials told the Senate that had not occurred.
"The government is sitting on its hands while this coal company destroys critical habitat which will see koalas die," Ms Hanson-Young said.
Ms Plibersek told ABC News all breaches of environment law were "taken extremely seriously".
She said she couldn't comment further as it could jeopardise any compliance action.
Asked by ABC News why an injunction had not been sought, a department spokesperson said that since receiving allegations of criminal conduct, there had been no further tree clearing.
"I don't think that's a satisfactory answer," said Jenny Brown from the Queensland Conservation Council.
She said the continued mining activity was still risking the lives of koalas.
"The environmental implications are beyond the land clearing. We have the noise, the possibility of other koalas being killed as they cross the road.
"They're continuing to mine, and that's part of the action and it needs an injunction while they are looking into the criminal allegations."
'Just for show'
Ms Brown said the comments made to the Senate showed that Australia's environmental laws were "just for show".
Ms Plibersek said the government's proposed reforms to federal environmental laws – which remain stuck in the Senate – would establish a new environmental protection agency (EPA) with "tough new powers" to crack down on illegal land clearing.
"The EPA will also be able to issue 'stop-work' orders and proactively audit business to ensure they're doing the right thing," she said.
"Penalties for wrongdoing would go up from around $15 million to $780 million."
The Greens and others on the crossbench have said they will not pass the changes unless they include consideration of climate change and ended the logging of native forests.