Guardian Australia understands the application was lodged with the Queensland Department of Aboriginal and Torres Strait Islander Partnerships on Thursday (5 July) by lawyers for Juru Enterprises Limited (JEL).
The deputy premier of Queensland, Jackie Trad, who represents a strongly anti-Adani inner-Brisbane electorate, has delegated authority to rule on any application for a stop order.
Trad will have to decide whether there are “reasonable grounds for concluding the activity is harming, threatening to harm, or will have a significant adverse impact on Aboriginal or Torres Strait Islander cultural heritage” and can grant an initial order for up to 30 days.
Juru Enterprises claims cultural heritage surveys conducted for Adani by another group, the embattled Kyburra Munda Yalga Aboriginal Corporation, are “unauthorised”. Some traditional owners have concerns those surveys did not properly identify and protect Juru sacred sites.
Traditional owner Andrew Morrell has previously told Guardian Australia that Adani’s “terminal zero” expansion will be built with just a five-metre buffer to a traditional burial ground. Morrell says the proposed rail route runs through Juru ochre grounds and restricts access to nearby rock art sites.
Both the terminal expansion and the rail line are critical parts of the Carmichael mine project.
Adani says all surveys conducted by Kyburra are valid and that it has an “absolute legal obligation” to work with the group, which holds in trust the native title rights for the Juru people. Kyburra is under special administration, in significant debt and mired in claims of financial mismanagement.
The surveys in question were conducted personally by the directors of the Kyburra for cash fees up to $1,000 a day.
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