When Adani’s north Queensland coalmine obtained its final approvals in 2019, the residents of Clermont held an impromptu celebration at the Leo hotel.
“Our town needs it, everyone’s passionate about it, it will be great for the community. A welcome, welcome thing,” one local at the pub told the ABC.
In some exaggerated versions of the story, Clermont is the “little town that played a huge role” in the 2019 election result, after locals helped organise a counter-protest when the Stop Adani convoy rolled into town.
More than four years later, the miner and the Queensland government have become embroiled in a legal dispute about whether Adani has the right to exclude Clermont locals from work at the Carmichael mine.
Under Queensland law, companies are banned from having a 100% fly-in, fly out workforce if there is a “nearby regional community” within 125km.
In September, the assistant coordinator general, Kerry Smeltzer, wrote to Adani advising the company the state had decided to expand the “nearby regional community” area for the Carmichael mine to include the town of Clermont, which is 159km from the coal pits.
“Accordingly, this means the 100% fly-in, fly-out prohibition and anti-discrimination in recruitment provisions [which prohibit discrimination against locals applying for jobs] now apply to the project,” Smeltzer said.
Adani responded by taking legal action in the Queensland supreme court in December, seeking a judicial review to overturn the decision, which it claimed was “an improper exercise of power” that restricts its “freedom” to choose “who it may employ and from what locations”.
Adani said in a statement that it had “Clermont people working in permanent jobs” and businesses from the town working as suppliers but that it had challenged the decision on the basis it was overreach.
“We brought this legal action because the state’s decision to legislate that we employ Clermont locals was unnecessary overregulation as we already do so and have done so throughout construction and operation of the Carmichael mine,” the company said.
On 14 March, the Queensland government rescinded its determination, citing an “administrative error”. Accordingly, the case lodged by Adani was abandoned but it is unlikely to be the end of the dispute.
It is understood the state government made no concessions in relation to Adani’s legal arguments and that it might now consider making an amended declaration to extend the nearby regional community area to Clermont.
“The decision made in September 2023 was intended to achieve the objective of the [laws], so residents living nearby the Carmichael coalmine benefit from the operation of the project,” a spokesperson from the coordinator general’s office said.
“The coordinator general will continue to work with both Bravus and Isaac regional council to ensure the objectives … are achieved for the community of Clermont.”
The vast majority of staff at the Carmichael mine are fly-in workers based in Rockhampton, Townsville and Mackay. The state government’s initial determination letter says that the decision should not alter the miner’s “commended” focus on employment in larger regional centres but would “mean that residents of Clermont will not be excluded from employment opportunities at the mine”.
In a social impact assessment for the Carmichael mine, Adani noted that the Clermont community had said a “desired outcome” would include a “provision for workers to reside locally” but that driving or bussing workers to the mine site from the town would only be considered once road access had improved.
The upgrade of a mine access road was a condition of Adani’s Queensland government approvals. Adani says works have begun, but the road is not complete and is behind schedule. The Isaac regional council launched legal action last year, claiming the road was a ““vital connection for rural residents, as well as suppliers and workers” and that Adani had failed to meet its obligations.
The letter from the assistant coordinator general notes the ongoing “delays and disputes” and requests Adani to “give the construction and completion of the road your urgent attention”.
Adani said in a statement that providing employment and contracting opportunities for Clermont “will remain an everyday part of our business”. The company says it is pursing costs for the legal case.
Ellen Roberts, the national coordinator of Lock the Gate, said governments had “bent over backwards to give Adani what it wanted” including public subsidies and the deferral of mining royalties.
“Unfortunately, it seems the Queensland government is continuing the legacy of governments doing all they can to appease Adani by backflipping so quickly on what was a sensible direction.”
