Queenslanders pay her $468,020 a year to put them out of work

Lionel Murphy Scholar and Land Court President Fleur Kingham doesn’t care about lost benefits:

This case is about Queensland coal, mined in Queensland, and exported from Queensland to be burned in power stations to generate electricity. Wherever that coal is burnt, the emissions will contribute to environmental harm, including in Queensland. The climate scenario consistent with a viable mine risks unacceptable climate change impacts to Queensland people and property, even taking into account the economic and social benefits of the project.”

If the Linda Lavarch-appointed lady’s juris-vibe-ence withstands appeal, first world Australia ends.
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36 Responses to Queenslanders pay her $468,020 a year to put them out of work

  1. C.L. says:

    Climate and human rights kill Clive Palmer’s coalmine.

    Clive Palmer should be blocked from building a massive Galilee Basin mine because the burning of its coal overseas would worsen global climate change and limit the human rights of Indigenous people and Queensland children, a landmark court judgment has declared.

    The Land Court ruling is the first time a Queensland judge has recommended rejecting a mine based on the climate impacts of coal burnt overseas, a precedent conservationists say will make it “almost impossible” for any new thermal coalmines to be built in the state.

    It is also the first time Queensland’s Human Rights Act has been used to object to a mining project on climate change and Indigenous cultural rights grounds.

    Land Court president Fleur Kingham on Friday recommended the Queensland government deny Mr Palmer’s Waratah Coal’s applications for a mining lease and environmental authority for an open-cut and underground thermal coalmine near Alpha, in central Queensland.

    “This case is about Queensland coal, mined in Queensland, and exported from Queensland to be burned in power stations to generate electricity,” Judge Kingham said.

    “Wherever that coal is burnt, the emissions will contribute to environmental harm, including in Queensland.”

    She added: “The climate scenario consistent with a viable mine risks unacceptable climate change impacts to Queensland people and property, even taking into account the economic and social benefits of the project.”

    The Weekend Australian understands Waratah Coal will ­appeal the ruling.

    The proposed mine site is on cattle-grazing land and a major nature refuge, Bimblebox, and would export coal to South-East Asia to burn for electricity.

    Waratah Coal’s lawyers had argued Judge Kingham had no legal right to consider the emissions from burning coal overseas, because the Queensland mining applications did not cover the coal’s combustion.

    She also ruled Queensland’s Human Rights Act – introduced three years ago – needed to be considered because the mine’s climate-change impacts would harm the property rights of the Bimblebox owners, the cultural rights of First Nations people, and the rights of children.

    “I have decided the importance of preserving the right … weighs more heavily in the balance than the economic benefits of the mine and the benefit of contributing to energy security,” Judge Kingham said.

    She also found that if the mine was approved, it would make it more difficult to meet the Paris climate change goals because burning its coal would emit an estimated 1.58 gigatonnes of carbon dioxide between 2029 and 2051.

    Judgments of the Land Court are not binding on the state government, but ministers traditionally abide by court decisions once appeals have been exhausted.

    A group called Youth Verdict, representing Queensland young people, and the Bimblebox Alliance brought the court action, represented by the Environmental Defenders Office.

    EDO senior solicitor Alison Rose said it was not the first time that a court had considered the impact on the Queensland environment of burning its coal overseas, but it was the first time the Land Court had made a decision to refuse a mine on that basis.

    “The key difference is that, in previous cases, the coalmining companies were quite successful at arguing that if this coalmine didn’t go ahead, then another coalmine would just go ahead – the market substitution argument,” she said. “However, the science of ­climate change is really rapidly advanced and we also used a coal market analyst, and they were able to demonstrate that based on Waratah Coal’s own modelling … that essentially, we can have a safe climate without the coalmine but we can’t have one with it.”

    Where other judgments have focused on direct impacts on Queenslanders from projects based on considerations such groundwater and wildlife, the Waratah case expanded to consider the human rights of Queenslanders who would be ­affected by climate change.

    The judge’s decision will set a precedent for future Land Court hearings but its application is still at the discretion of Resources Minister Scott Stewart and the Environment Department.

    Ms Rose said it would be extraordinary for either the minister or the department not to follow the court’s recommend­ation. “Both those decision makers have always followed the recommendations of the Land Court in the past, so the chance they won’t is fairly low,” she said.

    Asked if the decision would spell the end of new thermal coalmines being built in Queensland, Ms Rose said it would make coal companies think twice.

    Youth Verdict First Nations co-director Murrawah Johnson said the court had heard evidence for the first time in the Torres Strait and Cairns about the loss of Indigenous culture due to sea-level rise and heatwaves.

    “All environmental approvals or mining leases should have to consider their impact on First Nations’ cultural and human rights,” Ms Johnson said.

    Sarah Elks and Charlie Peel in The Weekend Australian

    —————–
    Salary: sources.

  2. Dr Faustus says:

    She also ruled Queensland’s Human Rights Act – introduced three years ago – needed to be considered because the mine’s climate-change impacts would harm the property rights of the Bimblebox owners, the cultural rights of First Nations people, and the rights of children.

    “I have decided the importance of preserving the right … weighs more heavily in the balance than the economic benefits of the mine and the benefit of contributing to energy security,” Judge Kingham said.

    Judge Kingham’s line of reasoning assumes that the disappointed Asian coal buyers will lay flat and won’t obtain alternative supplies.

    Sadly for the Great Jurist, the moment they buy coal from Indonesia, or Russia, or South Africa and send the equivalent feelthy CO2 up the chimney, the property rights of the Bimblebox owners, the cultural rights of First Nations people, and the rights of children go up in smoke too (to the extent that science allows).
    Just with no offsetting economic benefits.

  3. Jannie says:

    Since any economic, industrial or agricultural activity produces CO2 and harms the property rights of first nation owners, everything is potentially forbidden, everything is illegal.

    Australia may be the chosen refuge for the elite when the world starves, but will be importing the steaks and prawns.

  4. Baba says:

    If Fleur Kingham is correct, Palaszczuk has no choice. She must immediately shut down all Queensland coal mines and coal-fired power stations.

    The lives of our children and most vulnerable depend upon the premier doing the right thing.

  5. Cassie of Sydney says:

    We’re effed.

    Adios Australia.

  6. Christine says:

    Again the rights of the first ‘nationers’ are deemed paramount … yet they need a ‘Voice’

  7. Buccaneer says:

    the court had heard evidence for the first time in the Torres Strait and Cairns about the loss of Indigenous culture due to sea-level rise

    No actual evidence required then…

  8. Franx says:

    The recommendation, while invoking the Paris Climate Agreement, makes no mention of that part of the Agreement involving financing developing countries in order to mitigate ‘climate change’. Send money.

  9. Fat Tony says:

    It’s almost as if these people, acting in concert, have some Agenda…

  10. Rockdoctor says:

    Her CV is very light on any actual work outside training facilities. These decisions are what you get when you put a theorist in charge of a body that makes real life practical decisions that affect everyday life.

    As for the piffle she served up in her determination I have worked in the Galilee Basin more than once. Outside the TI deflection actual aborigines were very light on, unless they worked on the stations whose managers we generally had cordial to good relations with. Never had any real issues, even in Clermont or Alpha. Want to see what the people round that way think of loud mouth fauxboriginals and ferals then I give you Bob Browns reception in Clermont. The coal isn’t that great anyway, low end thermal grades generally.

    Lastly the Adani mine has put in place some amazing infrastructure into an area that had little before and hopefully they do up the Gregory Developmental rd to boot. Last time I drove down there I had mobile signal from nearly Belyando Crossing south the Clermont. Once you lost signal about 40km north of Clermont and didn’t pick it up till 10km south of Charters Towers again. So she is saying an unproven theory that is underpind by incomplete or outright shonky data (Think Mann’s hockey stick) trumps actual development and probably do more for any aborigines living there. Go figure.

    Hope litigious Clive appeals this & Fleur get slapped down.

  11. Fat Tony says:

    Rosie on the 3rd November, you stated:
    Rosie says:
    3 November, 2022 at 9:23 pm

    ...I’m also getting sick of being stalked around the internet by you.

    to which I replied:
    Fat Tony says:
    3 November, 2022 at 10:32 pm

    …I run into your spiteful and evil shite here – mostly I don’t comment.
    But could you please prove that I “stalk you around the internet?”

    Have you provided that proof? I don’t live on this blog – too much other work to do.

    So, could you please point out your proof, or apology, or is calumny your fall-back position?

  12. Tel says:

    If Fleur Kingham is correct, Palaszczuk has no choice.

    You don’t understand Leftist logic … Clive Palmer bad man.

  13. Baba says:

    the court had heard evidence for the first time in the Torres Strait and Cairns about the loss of Indigenous culture due to sea-level rise

    Indigenous culture waxes and wanes with the tides. Who knew that?

  14. bollux says:

    Reading in todays Australian that the “first nations people” had industrial scale mining way back, I’m surprised there’s any coal left.

  15. Lee says:

    The Age Of Reason has ended in Australia.

    We are stuffed and heading for Third World status.

  16. Rockdoctor says:

    I scratched the surface a little more. Dripping wet, surprised she stays upright. Insert every trendy buzzword gender, environment, indigenous, supranational QANGO’s you name it. She has an opinion on all of it.

    Completely the wrong fit for the job unless you want to rewild everything. Landholders beware, after she’s finished with us you will be next.

  17. Lee says:

    Never mind the complete lack of evidence, it’s all about the “vibes” or “feelings.”

  18. Rockdoctor says:

    Aand scratched some more. Well well well, what an incestuous bunch they are down there in George st…

    Fleur husband David Barbagallo

    Sorry if there is a link fail, first time using this button.

  19. Pommy Al says:

    She’s just another leftist scumbag stealing taxpayers cash.
    The taxpayers are the dumb c-ts.

  20. and says:

    Queenslanders beware: Fleuride has been added to the water supply.

  21. C.L. says:

    Link is good, RD. Thanks for posting. Here’s The Australian’s coverage:

    Palaszczuk, her chief of staff, and $267,500

    JULY 24, 2019

    Queensland Premier Annastacia Palaszczuk has admitted being told last year that her Labor government had bought $267,500 worth of shares in a company part-owned and directed by her chief of staff, David Barbagallo.

    The link to Mr Barbagallo, a long-time Labor figure, was only made public yesterday, despite ­requiring secret declarations and integrity advice at the time.

    After the controversy erupted in a parliamentary hearing yesterday Ms Palaszczuk agreed to audit the arrangements.

    Mr Barbagallo and his wife, Land Court judge Fleur Kingham, own more than $300,000 worth of shares in Fortress Capstone, which developed the CruiseTraka app.

    The Australian can reveal the government’s then-chief entrepreneur, Shark Tank presenter and tech investor Steve Baxter, also had an indirect shareholding in the company when the government’s Business Development Fund bought a stake in February last year. He is the director of a family company that invested.

    The app is being spruiked as a “smart phone-based solution used by passengers to share their cruise experience with family and friends back home in almost real-time via social media and email”.

    Ms Palaszczuk hired Mr Barbagallo as her chief of staff on May 12, 2017. Her office said Mr Barbagallo distanced himself from the ­application to the fund when he took the job, and later ­declared it on his register of interests.

    The application was lodged in mid-2017, when Mr Barbagallo was Ms Palaszczuk’s most senior adviser.

    “There is no conflict of interest. Investments are made independently of government,” a spokesman for Ms Palaszczuk said.

    An independent panel of ­experts — appointed by the state government — makes decisions about which start-ups receive ­investment from the $80 million fund. Ms Palaszczuk’s spokesman said the panel was aware “of the directors and shareholders”.

    Ms Palaszczuk’s office yesterday declined to release Mr Barbagallo’s register of interests. A spokesman said Mr Barbagallo had sought Integrity Commissioner advice after he learned of the fund’s investment.

    When confronted by opposition questions about the investment at budget estimates yesterday, Ms Palaszczuk initially appeared unaware of it, and had to take the questions on notice.

    She later said Mr Barbagallo, a former senior adviser to Labor premier Wayne Goss, had advised her last year of the investment.

    “Everybody needs to abide by the rules … there has been no ministerial decision around it, it’s done independently,” Ms Palaszczuk said.

    “And I’m sure the chief of staff took every step to ensure all matters are above-board. Now that you’ve raised the issue, I’m happy to do an audit to ensure all processes are followed.”

    Ms Palaszczuk said her parliament’s director-general would conduct the audit.

    Opposition Leader Deb Frecklington described the revelations as another “integrity scandal” to hit the Palaszczuk government and said Queenslanders deserved to know why the investment had been made.

    “Now we have a company owned by the Premier’s chief of staff receiving a cheque for $267,500 from the Queensland Treasury,” Ms Frecklington said.

    “This grant does not pass the pub test. It doesn’t pass any integrity test.”

    “Queenslanders have a right to know why the Palaszczuk Labor government wrote a six-figure cheque for David Barbagallo’s business.

    “What integrity tests were ­applied — if any — and what happened to the money?”

    In answer to opposition questions about the Business Development Fund last year, Treasurer Jackie Trad included Fortress Capstone on a list of beneficiaries tabled in parliament. She described the fund as a “fantastic ­example of our partnership with the private sector to grow jobs and opportunities for Queenslanders, now and into the future”.

    Mr Barbagallo is regarded as a “political fixer” who was appointed to lead Ms Palaszczuk’s office before the last election. He served as Mr Goss’s principal private secretary between 1991 and 1993, ­before embarking on a career in information technology.

    Mr Barbagallo was embroiled in a peculiarly Queensland scandal, known as the Cape Melville incident or the Foxtail Palm affair, in the early 1990s, before being cleared of wrongdoing.

    He was also named in the 2001 Shepherdson Inquiry into historical electoral fraud in Queensland Labor, admitting in the Criminal Justice Commission witness box that he had organised a scheme to falsely enrol people in the South Brisbane electorate before a 1986 Labor preselection plebiscite. In 2002, he was fined $1000 over the enrolment scheme.

  22. Rockdoctor says:

    C.L. as soon as I saw that it was a wow moment and I had to link the whole google search page. That said I was unaware of this odious character’s background all the way back to the Shepherdson Inquiry something being a long time resident of the Townsville region am acutely aware of. Nuttall and Mackinroth move over, Barbagallo sounds like an absolute grub. Thing that amazes me is the free pass ALP corruption gets from the media in the sunshine state, especially with it’s history.

  23. NFA says:

    So, the judge is an end of the world voodoo catastrophist and the husband is a political fixit bagman.

    Only in Qld!

  24. C.L. says:

    C.L. as soon as I saw that it was a wow moment and I had to link the whole google search page.

    Excellent work, RD. I wasn’t aware she was his wife.
    That’s Queensland Labor, though.

  25. Buccaneer says:

    So, I’m guessing the audit found that the media just needs to quietly forget about all this?

  26. Entropy says:

    I am still getting over that there is such a thing as a Lionel Murphy Scholar.

    I had to Google it becuase I thought CL was being a wag. But no!

    No doubt ALP family only may apply.

  27. Entropy says:

    Also, does anyone think that Government entrepreneur is an outrageous contradiction in terms?

  28. Buccaneer says:

    In lots of respects, one might think Elon Musk would qualify as a government entrepreneur

  29. NFA says:

    I think Fleur’s kingdom deserves more money.

  30. Old Lefty says:

    The High Court as presently constituted won’t have a bar of this, I expect. Kiefel is very firm on the principle that it is not for the courts to usurp the role of parliament. The recently retired Keane J, despite his background as a Labor sympathiser, took the same view; but he, unlike our Lionel Murphy Scholar, was a jurist of the first rank (and, informed lawyers think, the lead drafter of the HCA’s Pell judgement).

    Dreyfus’s replacement for Keane, Jayne Jagot, seems to be well respected and of a higher calibre than Kingham – despite being Mrs McClellan.

  31. Perplexed of Brisbane says:

    So, no more campfires for aboriginals then? They release CO2.

    Don’t want them to be scarred for life. As opposed to the scars from domestic violence and abuse in their communities.

  32. Siltstone says:

    Have read most of the Land Court ruling (available on line). Very undergraduate level. The Court makes a recommendation to the Minister, not a binding decision. I think the Minister may have a political problem but only if the dumb opposition stop being dumb.

  33. C.L. says:

    Doesn’t surprise me. Too pious to give it a green light so she put on a vainglorious performance to impress the luvvies instead. An idiot and a lightweight.

  34. slackster says:

    David Barbagallo
    That’s a name that brings up memories.
    My ex worked for him at DSTC and I have personally met him a number of times way back in the mid 90’s.
    DSTC’s offices where in UQ St Lucia campus
    I actually helped out as a receptionist there for a couple of weeks

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