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| Revealed: traditional owners accepted payments to attend Adani meetings Revealed: traditional owners accepted payments to attend Adani meetings | |
| (about 2 hours later) | |
| A group of traditional owners have not fully disclosed payments to meet Adani and resurrect talks over a pivotal land agreement for Australia’s largest proposed coalmine. | A group of traditional owners have not fully disclosed payments to meet Adani and resurrect talks over a pivotal land agreement for Australia’s largest proposed coalmine. |
| Wangan and Jagalingou (W&J) representatives who swung the balance in favour of reviving a deal with the mining giant pocketed “sitting fees” that their native title lawyers said should be held in trust for the entire group. | Wangan and Jagalingou (W&J) representatives who swung the balance in favour of reviving a deal with the mining giant pocketed “sitting fees” that their native title lawyers said should be held in trust for the entire group. |
| An investigation by Guardian Australia can reveal details of the payments and other financial dealings by Adani and its advocates in the W&J in their bid to overcome four years of resistance to the Carmichael mine. | An investigation by Guardian Australia can reveal details of the payments and other financial dealings by Adani and its advocates in the W&J in their bid to overcome four years of resistance to the Carmichael mine. |
| The payments, which have not been detailed to the broader W&J group, are a flashpoint in an unfolding dispute over who legitimately speaks for traditional owners who have repeatedly rejected the mine. | The payments, which have not been detailed to the broader W&J group, are a flashpoint in an unfolding dispute over who legitimately speaks for traditional owners who have repeatedly rejected the mine. |
| Adani formally gained the support of a majority of the 12-person W&J native title applicant group for the first time in January. But it still needs endorsement of an Indigenous land use agreement (ILUA) by the broader group, which voted it down in 2012 and 2014. | Adani formally gained the support of a majority of the 12-person W&J native title applicant group for the first time in January. But it still needs endorsement of an Indigenous land use agreement (ILUA) by the broader group, which voted it down in 2012 and 2014. |
| Documents show Adani last month promised the W&J an upfront windfall of $550,000 for a land deal, which anti-mining applicant member Adrian Burragubba said was down from about $1.5m offered in 2014. | Documents show Adani last month promised the W&J an upfront windfall of $550,000 for a land deal, which anti-mining applicant member Adrian Burragubba said was down from about $1.5m offered in 2014. |
| Adani hopes to win clan-wide support at a meeting it is bankrolling for up to 500 people in Maryborough on Saturday. A lawyer for the five anti-Adani applicants says the meeting will not be valid and that a claim group meeting they called last month again rejected an ILUA and dumped four representatives who support an Adani deal. It is understood legal action will be taken in an attempt to have new anti-Adani representatives recognised. The validity of that meeting is disputed by the pro-Adani camp. | Adani hopes to win clan-wide support at a meeting it is bankrolling for up to 500 people in Maryborough on Saturday. A lawyer for the five anti-Adani applicants says the meeting will not be valid and that a claim group meeting they called last month again rejected an ILUA and dumped four representatives who support an Adani deal. It is understood legal action will be taken in an attempt to have new anti-Adani representatives recognised. The validity of that meeting is disputed by the pro-Adani camp. |
| Guardian Australia understands that the seven applicants who came out in support of Adani have been paid collectively at least $10,500, on top of travel and accommodation costs, to attend meetings with the company this year. They are Irene White, Patrick Malone, Les Tilley, Norman Johnson Jr, Craig Dallen, Priscilla Gyemore and Gwendoline Fisher. | Guardian Australia understands that the seven applicants who came out in support of Adani have been paid collectively at least $10,500, on top of travel and accommodation costs, to attend meetings with the company this year. They are Irene White, Patrick Malone, Les Tilley, Norman Johnson Jr, Craig Dallen, Priscilla Gyemore and Gwendoline Fisher. |
| The other five anti-Adani representatives have boycotted the meetings and refused offers of sitting fees they suspected came from Adani but complained to the group’s native title lawyers. | The other five anti-Adani representatives have boycotted the meetings and refused offers of sitting fees they suspected came from Adani but complained to the group’s native title lawyers. |
| The lawyers reminded the claim group about rules set down last year by the W&J that any “monetary benefits” be reported and held in trust. | The lawyers reminded the claim group about rules set down last year by the W&J that any “monetary benefits” be reported and held in trust. |
| The seven paid by Adani then reported the payments to the lawyers, who have not responded to requests by other applicants for details. | The seven paid by Adani then reported the payments to the lawyers, who have not responded to requests by other applicants for details. |
| Despite the lawyers being satisfied with this disclosure amid moves to set up a new trust for Adani payments, at least two of the recipients, Patrick Malone and Les Tilley, have flagged keeping the money as compensation for lost wages and use of their “intellectual property”. | Despite the lawyers being satisfied with this disclosure amid moves to set up a new trust for Adani payments, at least two of the recipients, Patrick Malone and Les Tilley, have flagged keeping the money as compensation for lost wages and use of their “intellectual property”. |
| Tilley, wrote to the lawyers: “Nobody will attend these meetings without payment, heck we can’t even get Adrian & co. to come to a meeting with payment.” | Tilley, wrote to the lawyers: “Nobody will attend these meetings without payment, heck we can’t even get Adrian & co. to come to a meeting with payment.” |
| Barrister Dan O’Gorman, who is not involved in the matter, said although the fees did not seem “exorbitant”, the lack of disclosure to the broader W&J group instead of just the native title lawyers was “of concern”. | Barrister Dan O’Gorman, who is not involved in the matter, said although the fees did not seem “exorbitant”, the lack of disclosure to the broader W&J group instead of just the native title lawyers was “of concern”. |
| “Certainly what should occur at all times is the member of the broader group should be able to obtain in a reasonable manner, one, the fact that such sitting fees were paid, and two, what those sitting fees were,” he said. | “Certainly what should occur at all times is the member of the broader group should be able to obtain in a reasonable manner, one, the fact that such sitting fees were paid, and two, what those sitting fees were,” he said. |
| “Those people are negotiating on behalf of the broader group and ultimately whatever they agree to has to go back to the broader group. | “Those people are negotiating on behalf of the broader group and ultimately whatever they agree to has to go back to the broader group. |
| “Therefore the broader group’s entitled to know whether any inducements were offered to these people to come at the recommendation that they’re providing.” | “Therefore the broader group’s entitled to know whether any inducements were offered to these people to come at the recommendation that they’re providing.” |
| Documents seen by Guardian Australia indicate payments for Adani meetings were placed in the seven applicants’ individual bank accounts. | Documents seen by Guardian Australia indicate payments for Adani meetings were placed in the seven applicants’ individual bank accounts. |
| When contacted by Guardian Australia, Malone, a key W&J supporter of the land deal, said Adani had paid all seven representatives sitting fees but that they were “private”. | When contacted by Guardian Australia, Malone, a key W&J supporter of the land deal, said Adani had paid all seven representatives sitting fees but that they were “private”. |
| Malone later revealed the meeting fee was “a flat $500”. | Malone later revealed the meeting fee was “a flat $500”. |
| Asked why there had been no attempts to detail fees to the broader group, he said: “I think it’s general knowledge.” | Asked why there had been no attempts to detail fees to the broader group, he said: “I think it’s general knowledge.” |
| He then added he would be “happy” to disclose his at the Saturday meeting, where “everything will be laid out on the table”. | He then added he would be “happy” to disclose his at the Saturday meeting, where “everything will be laid out on the table”. |
| Asked whether the money would be repaid into a trust in line with W&J rules as flagged by the native title lawyers, Malone said there were “other legal opinions around too about exactly what happens with sitting fees”. | Asked whether the money would be repaid into a trust in line with W&J rules as flagged by the native title lawyers, Malone said there were “other legal opinions around too about exactly what happens with sitting fees”. |
| “This carry on about sitting fees is a sideshow as far as I’m concerned,” he said. | “This carry on about sitting fees is a sideshow as far as I’m concerned,” he said. |
| “You know all the time I’ve been an applicant, in the last two years I’ve made about two grand in sitting fees. There’s no big money to be made being an applicant.” | “You know all the time I’ve been an applicant, in the last two years I’ve made about two grand in sitting fees. There’s no big money to be made being an applicant.” |
| Dallen said he still had the sitting fee money but he would defer to “what the people want” as to whether it was paid into a trust or not. Johnson Jr declined to comment. Comment was sought from the other four recipients of Adani payments. | Dallen said he still had the sitting fee money but he would defer to “what the people want” as to whether it was paid into a trust or not. Johnson Jr declined to comment. Comment was sought from the other four recipients of Adani payments. |
| Burragubba, who has led the W&J campaign against the mine, has said he took sitting fees from Adani in 2014. He said this was before the new disclosure and trust rules and a claim group meeting in October that year where there was “a definite ‘no’ to the land use agreement”. | Burragubba, who has led the W&J campaign against the mine, has said he took sitting fees from Adani in 2014. He said this was before the new disclosure and trust rules and a claim group meeting in October that year where there was “a definite ‘no’ to the land use agreement”. |
| “These other applicants took it upon themselves to go against the wishes of the claim group and organise meetings with Adani and then entice other applicants who were not pro-mining to go because they felt they were committed because they were paid sitting fees,” he said. | “These other applicants took it upon themselves to go against the wishes of the claim group and organise meetings with Adani and then entice other applicants who were not pro-mining to go because they felt they were committed because they were paid sitting fees,” he said. |
| Solicitor Colin Hardie, acting for the five anti-mining applicants, said if the other seven “kept the money in their pockets” they would be in “clear breach” of the rules of their appointment and could be removed. | Solicitor Colin Hardie, acting for the five anti-mining applicants, said if the other seven “kept the money in their pockets” they would be in “clear breach” of the rules of their appointment and could be removed. |
| Guardian Australia can also reveal that Cato Galilee, a company controlled by Malone and White, another key Adani supporter, asked Adani to pay $227,393 to cover the costs of replacing it as trustee to receive payments from the mine. | Guardian Australia can also reveal that Cato Galilee, a company controlled by Malone and White, another key Adani supporter, asked Adani to pay $227,393 to cover the costs of replacing it as trustee to receive payments from the mine. |
| Cato is to be set aside as trustee for the money in part because it has no independent directors on its board. Cato’s lawyer was also concerned about the “politically charged environment” amid complaints by W&J mine opponents about a lack of transparency in its control of W&J funds. Malone said the main reason for the new trust was to “wipe the slate clean and avoid any sort of fights”. | Cato is to be set aside as trustee for the money in part because it has no independent directors on its board. Cato’s lawyer was also concerned about the “politically charged environment” amid complaints by W&J mine opponents about a lack of transparency in its control of W&J funds. Malone said the main reason for the new trust was to “wipe the slate clean and avoid any sort of fights”. |
| Adani has agreed to pay for setting up a new trust but not for work in “resolving issues” with Cato. | Adani has agreed to pay for setting up a new trust but not for work in “resolving issues” with Cato. |
| That prompted a complaint by White that Adani should cover Cato’s other costs, including $80,000 in legal fees and applicant group meetings to “get the Adani ILUA back on the table”. | That prompted a complaint by White that Adani should cover Cato’s other costs, including $80,000 in legal fees and applicant group meetings to “get the Adani ILUA back on the table”. |
| “Adani should be assisting the trust (Cato) with these costs as without these meetings we wouldn’t be having the ILUA authorisation meeting next month!!” White wrote in a March email. | “Adani should be assisting the trust (Cato) with these costs as without these meetings we wouldn’t be having the ILUA authorisation meeting next month!!” White wrote in a March email. |
| Hardie said the Maryborough meeting was “not a valid claim group meeting to authorise an ILUA” as other Indigenous people from outside the ILUA area were invited. | Hardie said the Maryborough meeting was “not a valid claim group meeting to authorise an ILUA” as other Indigenous people from outside the ILUA area were invited. |
| Both Adani and the Queensland government have an interest in seeing the W&J agree to a deal. | Both Adani and the Queensland government have an interest in seeing the W&J agree to a deal. |
| Without it, the government would be forced to compulsorily acquire the W&J’s traditional land for Adani’s mining leases. | Without it, the government would be forced to compulsorily acquire the W&J’s traditional land for Adani’s mining leases. |
| Adani would find it more difficult to attract financing as many major banks subscribe to the equator principles, under which resource projects are not backed without traditional owner consent. | Adani would find it more difficult to attract financing as many major banks subscribe to the equator principles, under which resource projects are not backed without traditional owner consent. |