The Queensland Conservation Council (QCC) has condemned Vitrinite for potentially illegally clearing over 47 hectares of koala habitat and the mining of coal at the proposed Vulcan South coal mine site without federal approval.

Vitrinite’s application to build the Vulcan South coal mine is still going through Environment Protection and Biodiversity Conservation (EPBC) Act assessment, but they have cleared within this area for a test mine.

This action could violate the EPBC Act and would carry potential criminal penalties, including up to seven years in prison and fines exceeding $657,300.

This is not the first time Vitrinite has flouted environmental laws. The company has a troubling history of pollution and land clearing infractions, demonstrating a blatant disregard for environmental laws and the protection of vulnerable species.

This latest potentially unlawful clearing puts koalas at even greater risk, and allowing this behaviour to go unpunished could set a dangerous precedent for corporate misconduct.

QCC has formally contacted Environment Minister Tanya Plibersek through its lawyers, the Environmental Defenders Office (EDO), urging her to take immediate action to investigate and hold Vitrinite accountable for their actions and not green light potentially criminal activity.

QCC is calling on the government to take action to stop any illegal activity immediately, and to impose strict penalties to discourage future environmental violations by Vitrinite and other companies, if the activities are found to be illegal. Further, QCC is seeking that the mining project EPBC Act application be rejected given the significant impacts to the environment it poses, and the company’s environmental record.

Queensland Conservation Council Director Dave Copeman said:

“Vitrinite’s coal mining operation has cleared 47 hectares of koala habitat for a ‘test’ coal mining pit in what could be a flagrant violation of federal law.

“Koalas and many of our other iconic species are already struggling to survive due to habitat loss and climate change, and Vitrinite’s reckless clearing and mining of coal puts them even closer to extinction.

“QCC, with support from our lawyers, the Environmental Defenders Office, has formally contacted Environment Minister Tanya Plibersek, urging immediate action to investigate the clearing and, if necessary, to hold Vitrinite accountable.

“We are also calling for the federal government to deny approval for the Vulcan South coal mine, as it would result in extensive destruction of vital koala and greater glider habitats.

“Clearing threatened species habitat without federal approval is a criminal offence under the EPBC Act. If Vitrinite is allowed to get away with illegal activity, it will send a dangerous message that companies can break environmental laws without facing consequences.

“Vitrinite has a history of environmental violations. The company has previously released polluted water into local creeks and cleared land outside approved boundaries.

“They haven’t been meaningfully held to account for these previous violations and this latest offence shows a continuation of Vitrinite’s disregard for environmental regulations.

“Minister Plibersek has a clear responsibility to take a stand and hold Vitrinite accountable, or risk letting corporate lawbreaking continue unchecked.

“If Minister Plibersek doesn’t investigate this matter, ignores the alleged illegal activity and goes on to approve the Vulcan South mine, she is essentially sending a message to other corporations that they can break the rules meant to protect our environment without consequence.

“Vitrinite’s clearing and mining of coal underscores the complete failure of the Albanese government to enforce environmental laws. Australia’s environment urgently needs strong environmental laws that are properly enforced, so the burden doesn’t fall on the community.“

The Environmental Defenders Office is assisting QCC in this matter.

“We have written on behalf of our client to Minister Plibersek advising the minister that Vitrinite may be in breach of federal environmental law and asking them to investigate.

“The unauthorised clearing of koala habitat and mining of coal at the proposed Vulcan South mine, if proven, would be an offence under the EPBC Act.

“Our client is urging the Minister to take immediate action to investigate and uphold the law to prevent further harm to a federally listed species.

“Failure to do so would send the wrong signal to mining companies and others whose developments impact matters of national environmental significance, such as koala habitat.“

EDO Southern and Central Queensland Managing Lawyer Revel Pointon