Friends of Stradbroke Island

Cartoon from Koori Mail 18 June 2014 North Stradbroke, affectionately known as “Straddie” by most South-east Queenslanders, is the world’s second largest sand island. It’s a popular holiday destination on Brisbane’s doorstep, with beautiful surfing beaches and a laid-back feel. Amendments to the 2011 North Stradbroke Island Protection and Sustainability Act, passed by the Queensland parliament last November, are intended to allow, in 2019, mineral sand mining on Stradbroke, by the Belgian owned concern Sibelco, to be extended at the main Enterprise mine, to 2035 from its current limit of 2019. Sibelco stands to benefit by $1.5 billion, according to its own figures. Last year, it announced the closure of the ‘Vance’ silica sand mine on the island which had employed 13 people. It had not been scheduled to close until 2025. Its entire future operations depend upon the Enterprise mine. In a scathing assessment of Queensland Premier Campbell Newman’s government in late July,...

The serious risks to human life, property and to flora and fauna associated with out of control bushfires on North Stradbroke are obvious. The miners’ Environmental Studies Report (2003), required before mining could commence under Queensland law at the Enterprise mine acknowledges the risks:- “Bushfires frequently occur on North Stradbroke Island as a result of both natural (eg lightning strikes) and human induced events (eg arson). Periodic low intensity fires are essential for the reproduction processes of many native vegetation communities on the island. However high intensity or unnaturally frequent fires can result in loss of property, human life and significant harm to native flora and fauna communities” (ESR section 3.2.6) Considering its enormous profits are derived from mining and permanently damaging an internationally recognised, sensitive sand island, most people are likely to consider that Sibelco should strictly comply with its bushfire obligations. Its mining le...

The long running prosecution of Sibelco for unlawful extraction continues on 24 July, this time in the Brisbane Supreme Court in George Street. The Supreme Court already held, more than 3 years ago, that Sibelco's mining rights only allow it to take minerals and that the non-mineral sand is to be used in rehabilitation of mined land, unless it has the required permits to remove it. But Sibelco's criminal liability is yet to be decided. On 24 July Sibelco is making yet another challenge against the prosecution, based on a technicality. The company wants the Supreme Court to overrule the Magistrate's decision in March this year that it has a case to answer on the charge under the Environmental Protection Act, that it unlawfully extracted large quantities of non-mineral sand over several years without a permit. Meanwhile, efforts to have the charges upgraded to stealing and fraud continue. If this occurred, the multi-million dollar profits it made could be recovered u...

Since October last year water has been gushing at an alarming rate from dunes and rushing through normally dry watercourses near the Yarraman mine. Yarraman is the nearest mine to Point Lookout and clearly visible from the headland lookouts. New lakes have formed, where there were none, drowning areas of vegetation. The damage has occurred outside the mining lease in areas north of the well-known Keyholes. In January a number of FOSI members together with an scientific expert accompanied representatives of the traditional owners to inspect the off-lease water flows and environmental impacts. The miner Sibelco appears to be locked in a battle to control the outflow from the island’s sensitive hydrological system and aquifer. Miners have a long record of this kind of damage to the island with drowned forest and drained lakes as their legacy. But…. this was not meant to happen again. The “science” had advanced, more knowledge meant more predictability and greater ability to control th...

On 1 March, 2013 a Brisbane Magistrate ordered that Stradbroke miner Sibelco Australia Limited pay the State’s Environment Department an unprecedented $254,687.00 in legal costs. What’s it all about? Sibelco is being prosecuted for two criminal offences for unlawfully removing Stradbroke island sand from the island and selling it for landscaping and other purposes without Redland Council approval. The legal costs were incurred by the government department in successfully opposing several failed attempts by Unimin/Sibelco to stop the trial. Sibelco claimed that the criminal charges were an ‘abuse of process’. The Magistrate rejected the claim. On 1 March, the magistrate also dismissed the company’s application that it had no case to answer on the two criminal charges being heard by the court. The trial is to continue later this year. What has become a legal saga commenced on 16 December, 2008, when investigators from the former Environmental Protection Authority (EPA) executed a search ...

The company was charged in December 2009 with three summary offences alleging it did not have permits authorising it to remove and sell large quantities of non-mineral sand for landscaping and other purposes. The Court of Appeal has already confirmed that the actions were unlawful. However the company's criminal responsibilty has not been determined. Last month Unimin/ Sibelco was back in the Brisbane Magistrates court for 2 days, this time arguing that the prosecution against it is an abuse of process. The argument continues on November 7, with 3 more days set aside. It will then be almost 3 years since evidence was seized in a raid on Unimin's premises by the defunct EPA and two years since the charges were laid, an unusual delay in the initial hearing of summary charges in the Magistrates Court. Meanwhile, the government still refuses to send all of the evidence to the DPP for assessment of more serious charges, despite senior counsel opinion that there is a prima facie case...