Miner to sue council for $22m in years-long dispute over access road

Dust shrouds the air after a road train passes along the mine's access road. (ABC Tropical North: Angel Parsons) A long-running dispute between a coalmine owner and a Central Queensland council over a mine road has escalated. Queensland Supreme Court has allowed miner Bravus to lodge a claim of around $22 million, for what it claims is costs associated with cancelling a road project. Residents say they are being left to deal with the impact of any delays to court proceedings. Link copiedShareShare articleA legal stoush between a regional council and one of Australia's largest coal mines over an access road has deepened in the Queensland Supreme Court. In a decision handed down today, Justice Sean Cooper gave Bravus — formerly known as Adani — leave to claim $22 million from Isaac Regional Council in Central Queensland. The Carmichael Mine, more than 300 kilometres south-west of Mackay, began exporting coal in 2021 and last year struck a deal with the Queensland government to increase production to 16 million tonnes a year. The court heard an agreement between the council and Bravus to upgrade a 96-kilometre stretch of road was struck prior to the mine's final approval. The Bravus Carmichael coal mine sits in Queensland's Galilee Basin. (ABC News) A dispute subsequently developed over upgrades to two sections of the Mine Access Road (MIR). According to the judgment, Bravus had paid contractor Mendi Construction Pty Ltd to build the road 8 metres wide with barriers that sloped at a ratio of 1:4. The council subsequently told Bravus it had amended its road standards and that roads needed to be built 8.6 metres wide with barriers that sloped at a ratio of 1:6. It also issued a direction requiring Bravus to redesign the roads, the judgement showed. The council originally sought a declaration in court that it was entitled to issue that direction, but Bravus has now been given leave to file an amended defence and a counterclaim of around $22 million. The Carmichael mine site has been producing coal since 2021. (Supplied: Matthew Canavan) The court heard Bravus had directed Mendi to stop "sealing works" and had suffered a loss due to the cost of dust suppression and traffic control along the route. In his judgement, Justice Cooper acknowledged Bravus's amendments to their counterclaim "would significantly expand the scope of the issues in dispute". Justice Cooper said it was likely the trial would be delayed and that "might extend to the second half of 2027". Large sections of the 96km road connecting the Carmichael Mine and the nearest main road remain unsealed, which grazier David Luke is reminded of daily. He owns a house that sits 30 metres from road and surrounding cattle properties. David Luke just wants to run his cattle station. But living near the Carmichael Mine has made that far from easy. "You get all the dust, noise and just safety factors trying to get across it with animals," Mr Luke said. He said despite years of complaints to both Bravus and the council, his situation had not improved. "At night, [truck headlights] light your house up like a Christmas tree," Mr Luke said. He said he was angry an unsealed road with that volume of traffic was allowed to be built so close to a residential property. David Luke's house at Mooray Station is close to the road used by heavy vehicles to access the mine. (Supplied: David Luke) "I can't see why there should be a dirt road in front of a station house," Mr Luke said. "It doesn't happen in town so why should you treat a man on the land any different?" In a statement to the ABC after the judgement was handed down, a Bravus spokesperson said it maintained the road to a standard "above many other public roads" and that the road in its current condition was "safe for all road users". The Isaac Regional Council has been approached for comment. Copy linkFacebookX (formerly Twitter)Top StoriesForget the generation gap, this budget is about 'the 1 per cent' and the restTAnalysis by Tom Crowley

Miner to sue council for $22m in years-long dispute over access road

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