Majority support green groups using 'lawfare' to challenge mining ventures: poll

Peter Hannam

The Turnbull government should make saving the Great Barrier Reef "an absolute priority", and green groups should be able to use existing laws to protect the environment, new polling has found.

The ReachTEL survey of 2636 respondents commissioned by the Australian Conservation Foundation found broadbased backing for the reef and the use of the courts to challenge new mines, even among self-described as Liberal-National Party supporters.

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The poll was taken Tuesday, a day after an ACF challenge failed in the Federal Court against the federal government's approval of the giant Adani coal mine in Queensland. Some conservative politicians have accused green groups of using "lawfare" to delay major projects by testing approvals in court.

Some 83 per cent of polled Coalition supporters, for instance, agreed with comments by Josh Frydenberg, the environment and energy minister, that protecting the reef was "an absolute priority". That tally was close to the 86 per cent of all respondents who "strongly agreed" or "agreed" with the statement.

Similarly, almost three-quarters of coalition backers agreed with the view Australians "should be able to use the current environmental laws" to safeguard the environment. Coalition voters' support, though, dropped below 60 per cent when "environment groups" are cited as the actors, rather than "Australians".

"It flies in the face of the commentary by some politicians who say environmental groups represent the minority of views in Australia," Kelly O'Shanassy, ACF's chief executive, said. "Anyone who doesn't support doing everything for the reef is actually in the minority."

While the Turnbull government's bill to revise the Environment Protection and Biodiversity Conservation Act lapsed with the last parliament, it hasn't dropped plans to curb legal challenges.

Australians want the federal government to protect the Great Barrier Reef, new poll finds. Photo: Lady Elliot Island Eco Resort

"We will continue to examine means by which vexatious litigation can be minimised so it is not used as a tool to simply frustrate development and undermine confidence in our environmental laws," Mr Frydenberg told Fairfax Media.

The changes also include possible alterations to the tax deductible gift status of environmental groups after an parliamentary inquiry reported on the issue last May. The government will finalise its response to a House of Representatives committee on the matter "in due course", he said.

Damselfish in distress: Degraded habitat in the northern part of the Great Barrier Reef. Photo: Supplied

Tony Burke, Labor's environment spokesman, said he didn't "take much comfort" from signs the Prime Minister had been "a bit quieter about weakening environmental law compared to Tony Abbott".

"Issue by issue Malcolm Turnbull has been giving in to the hardliners in his party," Mr Burke said.

Environment groups should have the right to challenge approvals of large mining projects, a new poll has found.

Larissa Waters, the deputy Greens leaders, said the poll's findings underscored the political risks for the Coalition.

"Last time the Coalition government tried to roll back our national environment laws, attack the voices of our environment and stop ordinary Australians from enforcing them in the courts, they got walloped," Senator Waters said. "I'd be surprised if the government was out of touch enough to try the same attacks again."

Sean Ryan, principal solicitor for the Environmental Defenders Office Queensland, said there already exists "a massive disparity" in financial resources available to the community compared with the mining sector.

"We only have four litigation staff for the whole of Queensland," Mr Ryan said. "Our clients struggle to match the army of expensive lawyers and consultants that industry can bring to bear."

"If the law was to improve access to justice, it would to ensure that parties bear their own costs in public interest matters," he said, noting that community groups can be lumbered with huge legal bills.

The one positive development in recent years has been the ability of groups such as the EDO to tap crowd-funding, which had allowed challenges to help protect the Great Barrier Reef and endangered wildlife.

"However this too is under threat, with the government reviewing tax increases on donations to environmental charities," Mr Ryan said.

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