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Tony Abbott must respect the courts over Carmichael ruling, say lawyers Tony Abbott must respect the courts over Carmichael ruling, say lawyers
(35 minutes later)
Leading lawyers have criticised Tony Abbott’s belief that the overturning of the proposed Carmichael coal mine by the federal court showed it can sabotage projects.Leading lawyers have criticised Tony Abbott’s belief that the overturning of the proposed Carmichael coal mine by the federal court showed it can sabotage projects.
The prime minister said Australia risks depriving millions of Indians of electricity if the controversial mine, approval for which was set aside by the federal court on Wednesday, doesn’t go ahead.The prime minister said Australia risks depriving millions of Indians of electricity if the controversial mine, approval for which was set aside by the federal court on Wednesday, doesn’t go ahead.
But the president of the NSW Bar Association Jane Needham SC was concerned about Abbott’s comments in The Australian on Friday, alleging the courts can be used to “sabotage” development projects.But the president of the NSW Bar Association Jane Needham SC was concerned about Abbott’s comments in The Australian on Friday, alleging the courts can be used to “sabotage” development projects.
Related: Coal is not the answer to India's energy poverty, whatever Tony Abbott says | EAS Sarma
“These comments demonstrate a lack of understanding of the independent role of the courts in our democracy,” she said in a statement.“These comments demonstrate a lack of understanding of the independent role of the courts in our democracy,” she said in a statement.
The courts were not the servant of the executive, she added, and any such implication was “inimical” to the basic principle of the separation of powers.The courts were not the servant of the executive, she added, and any such implication was “inimical” to the basic principle of the separation of powers.
“They are an independent arbiter of disputes, and politicians need to understand and respect their non-partisan role.”“They are an independent arbiter of disputes, and politicians need to understand and respect their non-partisan role.”
A clearly frustrated Abbott earlier warned of the domestic economic danger in blocking major projects such as the $16bn Queensland mine.A clearly frustrated Abbott earlier warned of the domestic economic danger in blocking major projects such as the $16bn Queensland mine.
The coal extracted by mine operator Adani would help power the lives of 100 million Indians, he argued.The coal extracted by mine operator Adani would help power the lives of 100 million Indians, he argued.
“Imagine what it’s like to live in the modern world with no electricity,” he told reporters in Cambridge, Tasmania. “If ... projects like this can be endlessly frustrated, that’s dangerous for our country and it’s tragic for the wider world.”“Imagine what it’s like to live in the modern world with no electricity,” he told reporters in Cambridge, Tasmania. “If ... projects like this can be endlessly frustrated, that’s dangerous for our country and it’s tragic for the wider world.”
Australian resources were invariably much better for the environment than the alternative, Abbott said, adding such projects should be allowed to proceed.Australian resources were invariably much better for the environment than the alternative, Abbott said, adding such projects should be allowed to proceed.
Opposition Leader Bill Shorten said leaders should not be showing themselves up as smarter than business or the courts.Opposition Leader Bill Shorten said leaders should not be showing themselves up as smarter than business or the courts.
The Adani “mess” came about because the government rushed its approvals.The Adani “mess” came about because the government rushed its approvals.
“Sometimes slow and steady and having respect for good processes delivers you actually the best commercial outcome,” Shorten told reporters in Sydney.“Sometimes slow and steady and having respect for good processes delivers you actually the best commercial outcome,” Shorten told reporters in Sydney.
The Minerals Council of Australia applauded Mr Abbott’s “compelling and timely” warning.The Minerals Council of Australia applauded Mr Abbott’s “compelling and timely” warning.
The only outcome of continual “green sabotage” was fewer jobs, lower real wages and lower living standards, it said.The only outcome of continual “green sabotage” was fewer jobs, lower real wages and lower living standards, it said.
Conservationists claimed a win after the Federal Court ordered the mine’s approval be set aside, when a legal loophole in Environment Minister Greg Hunt’s decision was discovered.Conservationists claimed a win after the Federal Court ordered the mine’s approval be set aside, when a legal loophole in Environment Minister Greg Hunt’s decision was discovered.
The Mackay Conservation Group said the government was not heeding the court’s decision nor respecting the independence of the judiciary.The Mackay Conservation Group said the government was not heeding the court’s decision nor respecting the independence of the judiciary.
“The government thinks it is above the law,” co-ordinator Ellen Roberts said in a statement.“The government thinks it is above the law,” co-ordinator Ellen Roberts said in a statement.