Environmental Advocacy in Central Queensland again raises the fundamental flaws in our federal environmental legislation, after the department conceded they ignored recurring compliance issues at Vitrinite’s Vulcan South coal mine.
This week, federal Environment Department officials confirmed in a Senate Estimates hearing that Vitrinite is under investigation for multiple breaches, including clearing koala habitat, commencing mining without approval, and constructing a road through an area designated to be avoided and protected as ‘important threatened species habitat’.
The officials also acknowledged that the department had the power to delay the approval process under ‘stop the clock’ provisions but failed to exercise this authority and instead provided an approval of the coal mine.
Given the immediate threat this project poses to endangered species like the koala and greater glider, regional conservation groups are urging Environment Minister Tanya Plibersek to seek an injunction under the EPBC Act and urgently halt work at the site until the environmental compliance matters have been addressed.
Environmental Advocacy in Central Queensland (EnvA) Director Dr. Coral Rowston said:
“While we acknowledge the Environment Department’s investigation into these serious allegations of illegal clearing and mining, we remain deeply concerned by the ongoing regulatory inaction that has allowed these operations to continue. EnvA reported these violations over six months ago and provided substantial evidence, yet no meaningful enforcement action has been taken.
“No other criminal activity would be allowed to continue unchallenged, yet this government has approved the Vulcan South coal mine while it is under investigation. This undermines the integrity of our environmental laws and the government’s commitment to protecting threatened species and habitats.
“We are calling on Minister Plibersek to urgently use her powers under the EPBC Act to seek an injunction and stop all work at the mine site while the investigation is ongoing.
“Approving this project while it is under criminal investigation effectively rewards a company for blatantly disregarding environmental laws. This sets a dangerous precedent and must not be allowed to stand.”
The history at a glance
Queensland Coking Coal (trading as Vitrinite) has split its Vulcan Coal Complex mining operations into multiple applications to avoid undertaking a comprehensive Environmental Impact Assessment or disclosing the full impacts of its project.
To date, there have been at least five separate applications, the latest being the Vulcan South component of the project. Vulcan South was approved by the Queensland government in January 2024, however the project also required approval from the federal government before proceeding.
While working through the federal government approval process, Vitrinite applied to the Queensland government for a ‘separate’ bulk sampling project within the boundaries of the proposed Vulcan South component of the mining operations. This application was neither publicly notified or referred for assessment under the federal environmental legislation. The community only learned of this project when Vitrinite was issued a direction notice for clearing outside the approved disturbance area.
In August 2024, EnvA raised concerns over the illegal clearing of 67 hectares of threatened species habitat and reported the issue directly to Minister Plibersek. Despite follow-up communications, no response was received until ABC News publicly exposed the unlawful clearing and mining activities at the Vulcan South site, which was proceeding without federal environmental approval.
Further investigations revealed that land designated as an ‘avoidance area’—meant to protect habitat for koalas and greater gliders—had also been cleared for a haul road associated with the bulk sampling project.
Criminal Investigation and Government Inaction
In November 2024, federal Environment Department officials confirmed during a Senate Estimates hearing that a criminal investigation had been launched into whether Queensland Coking Coal had cleared critical koala habitat and commenced coal mining without the required approvals under the EPBC Act.
Despite this, Queensland Coking Coal was granted an approval to clear over 1000ha of koala, greater glider and squatter pigeon habitat.
EnvA requested a Statement of Reasons for this decision which expected to be received in mid-March. However, the recommendation report has already documented the proponents environmental compliance background (paragraphs 298-329), The recommendation was that the Minister proceeded with the approval without considering the ongoing investigation or the company’s environmental violations.
Just this week, federal Environment Department officials confirmed in a Senate Estimates hearing (around the 9:17 time) that Vitrinite is under investigation for multiple breaches, including clearing koala habitat, commencing mining without approval, and constructing a road through an area meant to be protected. Officials also acknowledged that the department had the power to delay the approval process under ‘stop the clock’ provisions but failed to exercise this authority.
EnvA - CQ 