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‘This case has made legal history’: young Australians just won a human rights case against an enormous coal mine

In a <a href="https://www.sclqld.org.au/caselaw/QLC/2022/21" target="_blank" rel="noopener">historic ruling</a>, a Queensland court has said the massive Clive Palmer-owned Galilee Basin coal project should not go ahead because of its contribution to climate change, its environmental impacts, and because it would erode human rights. <a href="https://theconversation.com/these-young-queenslanders-are-taking-on-clive-palmers-coal-company-and-making-history-for-human-rights-138732" target="_blank" rel="noopener">The case</a> was mounted in 2020 by a First Nations-led group of young people aged 13 to 30 called Youth Verdict. It was the first time human rights arguments were used in a climate change case in Australia. The link between human rights and climate change is being increasingly recognised overseas. In September this year, for example, a United Nations <a href="https://theconversation.com/australia-violated-the-rights-of-torres-strait-islanders-by-failing-to-act-on-climate-change-the-un-says-heres-what-that-means-191329" target="_blank" rel="noopener">committee decided</a> that by failing to adequately address the climate crisis, Australia’s Coalition government violated the human rights of Torres Strait Islanders. Youth Verdict’s success today builds on this momentum. It heralds a new era for climate change cases in Australia by youth activists, who have been frustrated with the absence of meaningful federal government policy. <h2>1.58 billion tonnes of emissions</h2> The Waratah Coal mine operation <a href="https://www.sbs.com.au/nitv/article/the-first-nations-group-fighting-clive-palmers-mining-project/6xbg2e81w" target="_blank" rel="noopener">proposes to</a> extract up to 40 million tonnes of coal from the Galilee Basin each year, over the next 25 years. This would <a href="https://www.theguardian.com/australia-news/2022/nov/25/court-finds-clive-palmers-queensland-coalmine-will-harm-future-generations-in-landmark-climate-ruling?CMP=share_btn_tw" target="_blank" rel="noopener">produce</a> 1.58 billion tonnes of carbon emissions, and is <a href="https://www.abc.net.au/news/2019-12-05/galilee-basin-farmers-object-to-palmer-mine/11764540" target="_blank" rel="noopener">four times more</a> coal extraction than Adani’s operation. While the project has already received approval at the federal government level, it also needs a state government mining lease and environmental authority to go ahead. Today, Queensland land court President Fleur Kingham has recommended to the state government that both entitlements be refused. In making this recommendation, Kingham reflected on how the global landscape has changed since the Paris Agreement in 2015, <a href="https://theconversation.com/carmichael-mine-jumps-another-legal-hurdle-but-litigants-are-making-headway-69423" target="_blank" rel="noopener">and since the last major challenge</a> to a mine in Queensland in 2016: Adani’s Carmichael mine. She drew a clear link between the mining of this coal, its ultimate burning by a third party overseas, and the project’s material contribution to global emissions. She concluded that the project poses “unacceptable” climate change risks to people and property in Queensland. The Queensland <a href="https://www.legislation.qld.gov.au/view/html/asmade/act-2019-005" target="_blank" rel="noopener">Human Rights Act</a> requires a decision-maker to weigh up whether there is any justifiable reason for limiting a human right, which could incorporate a consideration of new jobs. Kingham decided the importance of preserving the human rights outweighed the potential A$2.5 billion of economic benefits of the proposed mine. From a legal perspective, I believe there are four reasons in particular this case is so significant. <h2>1. Rejecting an entrenched assumption</h2> A major barrier to climate change litigation in Queensland has been the “<a href="https://theconversation.com/landmark-rocky-hill-ruling-could-pave-the-way-for-more-courts-to-choose-climate-over-coal-111533" target="_blank" rel="noopener">market substitution assumption</a>”, also known as the “perfect substitution argument”. This is the assertion that a particular mine’s contribution to climate change is net zero, because if that mine doesn’t supply coal, then another will. Kingham rejected this argument. She noted that the economic benefits of the proposed project are uncertain with long-term <a href="https://www.iea.org/news/world-energy-outlook-2022-shows-the-global-energy-crisis-can-be-a-historic-turning-point-towards-a-cleaner-and-more-secure-future" target="_blank" rel="noopener">global demand</a> for thermal coal set to decline. She observed that there’s a real prospect the mine might not be viable for its projected life, rebutting the market substitution assumption. This is an enormous victory for environmental litigants as this was a previously entrenched argument in Australia’s legal system and policy debate. <h2>2. Evidence from First Nations people</h2> <a href="https://www.sbs.com.au/nitv/article/on-country-evidence-in-landmark-case-against-clive-palmers-coal-project/6eiueghuy" target="_blank" rel="noopener">It was also the first time</a> the court took on-Country evidence from First Nations people in accordance with their traditional protocols. Kingham and legal counsel travelled to Gimuy (around Cairns) and Traditional Owners showed how climate change has directly harmed their Country. As Youth Verdict co-director and First Nations lead Murrawah Johnson <a href="https://www.edo.org.au/2022/04/20/landmark-hearing-into-clive-palmers-galilee-coal-project-legal-challenge-begins/" target="_blank" rel="noopener">put it</a>: We are taking this case against Clive Palmer’s Waratah Coal mine because climate change threatens all of our futures. For First Nations peoples, climate change is taking away our connection to Country and robbing us of our cultures which are grounded in our relationship to our homelands. Climate change will prevent us from educating our young people in their responsibilities to protect Country and deny them their birth rights to their cultures, law, lands and waters. This decision reflects the court’s deep engagement with First Nations’ arguments, in considering the impacts of climate change on First Nations people. <h2>3. The human rights implications</h2> In yet another Australian first, the court heard submissions on the human rights implications of the mine. The Land Court of Queensland has a unique jurisdiction in these matters, because it makes a recommendation, rather than a final judgment. This recommendation must be taken into account by the final decision-makers – in this case, the Queensland resources minister, and the state Department of Environment and Science. <a href="https://archive.sclqld.org.au/qjudgment/2020/QLC20-033.pdf" target="_blank" rel="noopener">In an earlier proceeding</a>, Kingham found the land court itself is subject to obligations under Queensland’s Human Rights Act. This means she must properly consider whether a decision to approve the mine would limit human rights and if so, whether limits to those human rights can be demonstrably justified. Kingham found approving the mine would contribute to climate change impacts, which would limit: <ul> <li>the right to life</li> <li>the cultural rights of First Nations peoples</li> <li>the rights of children</li> <li>the right to property and to privacy and home</li> <li>the right to enjoy human rights equally.</li> </ul> Internationally, there are <a href="https://theconversation.com/mass-starvation-extinctions-disasters-the-new-ipcc-reports-grim-predictions-and-why-adaptation-efforts-are-falling-behind-176693" target="_blank" rel="noopener">clear links</a> made between climate change and human rights. For example, climate change is worsening heatwaves, risking a greater number of <a href="https://theconversation.com/how-hot-is-too-hot-for-the-human-body-our-lab-found-heat-humidity-gets-dangerous-faster-than-many-people-realize-185593" target="_blank" rel="noopener">deaths</a>, thereby affecting the right to life. <h2>4. A victory for a nature refuge</h2> Kingham also considered the environmental impacts of the proposed mine on the <a href="https://bimblebox.org/about/" target="_blank" rel="noopener">Bimblebox Nature Refuge</a> – 8,000 hectares semi-arid woodland, home to a recorded 176 bird species, in the Galilee Basin. She deemed these impacts unacceptable, as “the ecological values of Bimblebox [could be] seriously and possibly irreversibly damaged”. She also observed that the costs of climate change to people in Queensland have not been fully accounted for, nor have the costs of mining on the Bimblebox Nature Refuge. Further, she found the mine would violate Bimblebox Alliance’s right to family and home. <h2>Making history</h2> This case has made legal history. It is the first time a Queensland court has recommended refusal of a coal mine on climate change grounds, and the first case linking human rights and climate change in Australia. As Kingham concluded: <blockquote> Approving the application would risk disproportionate burdens for future generations, which does not give effect to the goal of intergenerational equity. </blockquote> The future of the project remains unclear. But in a year marked by climate-related disasters, the land court’s decision offers a ray of hope that Queensland may start to leave coal in the ground. This article originally appeared on <a href="https://theconversation.com/this-case-has-made-legal-history-young-australians-just-won-a-human-rights-case-against-an-enormous-coal-mine-195350" target="_blank" rel="noopener">The Conversation</a>. Image: The Conversation

Legal

The magnificent Lake Eyre Basin is threatened by 831 oil and gas wells

The heart-shaped Lake Eyre Basin covers about one-sixth of Australia. It contains one of the few remaining pristine river systems in the world. But new research shows oil and gas activity is extending its tentacles into these fragile environments. Its wells, pads, roads and dams threaten to change water flows and pollute this magnificent ecosystem. The <a href="http://www.publish.csiro.au/MF/MF22063" target="_blank" rel="noopener">study</a>, by myself and colleague Amy Walburn, investigated current and future oil and gas production and exploration on the floodplains of the Lake Eyre Basin. We found 831 oil and gas wells across the basin – and this number is set to grow. What’s more, state and Commonwealth legislation has largely failed to control this development. State and national governments are promoting massive gas development to kickstart Australia’s economy. But as we show, this risks significant damage to the Lake Eyre Basin and its rivers. <h2>A precious natural wonder</h2> The Lake Eyre Basin is probably the last major free-flowing river system on Earth – meaning no major dams or irrigation diversions stem the rivers’ flow. This country has been looked after for tens of thousands of year by First Nations people, including the Arrernte, Dieri, Mithaka and Wangkangurru. This care continues today. The biggest rivers feeding the basin – the Diamantina, Georgina and Cooper – originate in western Queensland and flow to South Australia where they pour into Kathi Thanda-Lake Eyre. As they wind south, the rivers dissect deserts and inundate floodplains, lakes and wetlands – including 33 wetlands of national importance. This natural phenomenon has happened for millennia. It supports incredible natural booms of plants, fish and birds, as well as tourism and livestock grazing. But our new research shows oil and gas development threatens this precious natural wonder. <h2>Massive industrial creep</h2> Our <a href="http://www.publish.csiro.au/MF/MF22063" target="_blank" rel="noopener">analysis</a> used satellite imagery to map the locations of oil and gas development in the Lake Eyre Basin since the first oil wells were established in late 1950s. We found 831 oil and gas production and exploration wells exist on the floodplains of the Lake Eyre Basin – almost 99% of them on the Cooper Creek floodplains. The wells go under the river and its floodplains into the geological Cooper Basin, considered to have the most important onshore petroleum and natural gas deposits in Australia. Our research also shows how quickly oil and gas mining in the Lake Eyre Basin is set to grow. We identified licensing approvals or applications covering 4.5 million hectares of floodplains in the Lake Eyre Basin, across South Australia and Queensland. The <a href="https://www.bioregionalassessments.gov.au/assessments/geological-and-bioregional-assessment-program/cooper-basin/cooper-gba-region-stage-two-report" target="_blank" rel="noopener">CSIRO</a> recently examined likely scenarios of 1,000 to 1,500 additional unconventional gas wells in the Cooper Basin in the next 50 years. It predicted these wells would built be on “pads” – areas occupied by mining equipment or facilities – about 4 kilometres apart. They would typically access gas using horizontal drilling and hydraulic fracturing, or fracking. Fracking is the process of extracting so-called “unconventional gas”. It involves using water and chemicals to fracture deep rocks to extract the gas. This polluted water, known to be <a href="https://www.nature.com/articles/srep46582" target="_blank" rel="noopener">toxic to fish</a>, is brought back to the surface and stored in dams. Two locations we focused on were in South Australia at the protected, <a href="https://www.environment.sa.gov.au/topics/water/wetlands/coongie-lakes" target="_blank" rel="noopener">Ramsar-listed Coongie Lakes site</a>, which was recognised as internationally significant in 1987. The other site was in Queensland’s channel country, also on the Cooper floodplain. In total across the Coongie Lakes sites, we found a three-fold increase in wells: from 95 in 1987 to 296 last year. We also identified 869 kilometres of roads and 316 hectares of storage pits, such as those that hold water. Some of these dams could potentially hold polluted fracking water and become submerged by flooding, particularly at Coongie Lakes. <h2>A disaster waiting to happen?</h2> Examples from around the world already show oil and gas exploration and development can reduce water quality by interrupting sediments and leading to elevated <a href="https://www.mdpi.com/2073-4441/12/4/941" target="_blank" rel="noopener">chemical</a> <a href="https://www.pnas.org/doi/10.1073/pnas.1213871110" target="_blank" rel="noopener">concentrations</a>. Production waste can also degrade floodplain <a href="https://iopscience.iop.org/article/10.1088/1742-6596/1515/3/032037" target="_blank" rel="noopener">vegetation</a>. The <a href="https://www.bioregionalassessments.gov.au/assessments/geological-and-bioregional-assessment-program/cooper-basin/cooper-gba-region-stage-two-report" target="_blank" rel="noopener">CSIRO says</a> risks associated with oil and gas development in the Cooper Basin include: <ul> <li>dust and emissions from machinery that may cause habitat loss, including changes to air quality, noise and light pollution</li> <li>disposal and storage of site materials that may contaminate soil, surface water and/or groundwater through accidental spills, leaks and leaching</li> <li>unplanned fracking and drilling into underground faults, unintended geological layers or abandoned wells</li> <li>gas and fluids contaminating soil, surface water, groundwater and air</li> <li>changes to groundwater pressures could potentially reactivate underground faults and induce earthquakes.</li> </ul> Fracking for unconventional gas also requires drawing <a href="https://www.bioregionalassessments.gov.au/assessments/geological-and-bioregional-assessment-program/cooper-basin/cooper-gba-region-stage-two-report" target="_blank" rel="noopener">large amounts of water</a> from rivers and groundwater. <h2>The laws have failed</h2> Our findings raise significant questions for Australian governments and the community. Are we prepared to accept industrialisation of the Lake Eyre Basin, and the associated risk of pollution and other environmental damage? Have the companies involved earned a social licence for these activities? Where do the profits end up, and who will bear the social, environmental and financial costs of such intense development? Clearly, state and federal environmental protections have failed to stop unfettered development of the basin. These policies include the Lake Eyre Basin <a href="https://www.dcceew.gov.au/water/policy/national/lake-eyre-basin/agreement" target="_blank" rel="noopener">Agreement</a>, signed by the states, the Commonwealth and the Northern Territory, which has been in place since 2000. Australia’s federal environment law – the Environment Protection and Biodiversity Conservation Act – is supposed to protect nationally important areas such as Ramsar wetlands. Yet our research identified that just eight developments in the basin were referred to the Commonwealth government for approval and with only one deemed significant enough for assessment. This legislation does not deal adequately with the cumulative impacts of development. And finally, gas extraction and production is <a href="https://theconversation.com/1-in-5-fossil-fuel-projects-overshoot-their-original-estimations-for-emissions-why-are-there-such-significant-errors-177714" target="_blank" rel="noopener">associated with</a> substantial “fugitive” emissions - greenhouse gases which escape into the atmosphere. This undermines Australia’s emissions reduction efforts under the Paris Agreement. The governments of South Australia and Queensland should restrict mining development in the Lake Eyre Basin. And stronger federal oversight of this nationally significant natural treasure is urgently needed. In response to this article, Chief executive of the Australian Petroleum Production & Exploration Association, Samantha McCulloch, said in a statement: <blockquote> The oil and gas industry takes its responsibilities to the environment and to local communities seriously and it is one of the most heavily regulated sectors in Australia. The industry has been operating in Queensland for more than a decade and the gas produced in Queensland plays an important role in Australia’s energy security. </blockquote> This article originally appeared on <a href="https://theconversation.com/the-magnificent-lake-eyre-basin-is-threatened-by-831-oil-and-gas-wells-and-more-are-planned-is-that-what-australians-really-want-191078" target="_blank" rel="noopener">The Conversation</a>. Image: Shutterstock

Travel Trouble

Don’t count your fish before they hatch: experts react to plans to release 2 million fish into the Murray Darling

The New South Wales government <a href="https://www.smh.com.au/politics/nsw/two-million-fish-to-be-released-into-murray-darling-system-20200608-p550gu.html">plans to release</a> two million native fish into rivers of the Murray-Darling Basin, in the largest breeding program of its kind in the state. But as the river system recovers from a string of mass fish deaths, caution is needed. Having suitable <a href="https://www.dpi.nsw.gov.au/fishing/aquaculture/publications/species-freshwater/collecting-finfish-broodstock">breeding fish</a> does not always guarantee millions of healthy offspring for restocking. And even if millions of young fish are released into the wild, increased fish populations in the long term are not assured. For stocking to be successful, fish must be released into <a href="https://www.mdba.gov.au/sites/default/files/pubs/Strategies-to-improve-post-release-survival-of-hatchery-reared-threatened-fish-species_0.pdf">good quality water, with suitable habitat and lots of food</a>. But these conditions have been quite rare in Murray Darling rivers over the past three years. We research the impact of human activity on fish and aquatic systems and have studied many Australian fish restocking programs. So let’s take a closer look at the NSW government’s plans. Success stories <a href="https://www.smh.com.au/politics/nsw/two-million-fish-to-be-released-into-murray-darling-system-20200608-p550gu.html">According to</a> the Sydney Morning Herald, the NSW restocking program involves releasing juvenile Murray cod, golden perch and silver perch into the Darling River downstream of Brewarrina, in northwestern NSW. Other areas including the Lachlan, Murrumbidgee, Macquarie and Murray Rivers will reportedly also be restocked. These species and regions were among the hardest hit by recent fish kills. Fish restocking is <a href="https://www.researchgate.net/publication/233194500_Stocking_Trends_A_Quantitative_Review_of_Governmental_Fish_Stocking_in_the_United_States_1931_to_2004">used worldwide</a> to boost species after events such as fish kills, help threatened species recover, and increase populations of recreational fishing species. Since the 1970s in the Murray-Darling river system, <a href="https://www.bnbfishing.com.au/wp-content/uploads/2017/10/Assessment-of-stocking-effectiveness-of-Murray-cod-and-golden-perch.pdf">millions of fish</a> have been bred in <a href="https://www.dpi.nsw.gov.au/about-us/science-and-research/centres/narrandera-fisheries-centre">government</a> and <a href="https://www.murraydarlingfisheries.com.au/">private</a> hatcheries in spring each year. Young fish, called fingerlings, are usually released in the following summer and autumn. There have been success stories. For example, the endangered <a href="https://www.fishfiles.com.au/media/fish-magazine/FISH-Vol-23-2/Back-from-the-brink">trout cod</a> was restocked into the Ovens and Murrumbidgee Rivers between <a href="https://www.researchgate.net/publication/235774467_Reintroduction_success_of_threatened_Australian_trout_cod_Maccullochella_macquariensis_based_on_growth_and_reproduction">1997 and 2006</a>. Prior to the restocking program, the species was locally extinct. It’s now re-established in the Murrumbidgee River and no longer requires stocking to maintain the population. In response to fish kills in 2010, the Edward-Wakool river system <a href="https://onlinelibrary.wiley.com/doi/abs/10.1111/aec.12424">was restocked</a> to help fish recover when natural spawning was expected to be low. And the threatened Murray hardyhead is now increasing in numbers thanks <a href="https://www.environment.gov.au/water/wetlands/publications/wetlands-australia/national-wetlands-update-february-2020/murray-hardyhead#:%7E:text=In%20November%202018%2C%20around%20800,fish%20to%20NSW%20river%20systems.">to a successful stocking program</a> in the Lower Darling. After recent fish kills in the Murray Darling, breeding fish known as “broodstock” were <a href="https://www.abc.net.au/radio/programs/worldtoday/mass-fish-rescue-gets-underway-in-darling-river/11492042">rescued from the river</a> and taken to government and private hatcheries. Eventually, it was expected the rescued fish and their offspring would restock the rivers. Words of caution Fish hatchery managers rarely count their fish before they hatch. It’s quite a challenge to ensure adult fish develop viable eggs that are then fertilised at high rates. Once hatched, larvae must be transported to ponds containing the right amount of plankton for food. The larvae must then avoid predatory birds, be kept free from disease, and grow at the right temperatures. When it comes to releasing the fish into the wild, careful decisions must be made about how many fish to release, where and when. Factors such as water temperature, pH and dissolved oxygen levels must be carefully assessed. Introducing hatchery-reared fish into the wild does <a href="https://www.sciencedirect.com/science/article/pii/S0044848610004540?casa_token=NbFwq0hZLSgAAAAA:SntmSZkoWH387KKTDvXn-rHg-I6P0P0Q-OfgI6hvb6gp_Hxy82Y9AMIndcMYR3yarSkeFOY_cWE">not always deliver</a> dramatic improvements in fish numbers. Poor water quality, lack of food and <a href="https://www.mdba.gov.au/sites/default/files/pubs/A-review-of-domestication-effects-on-stocked-fish-in-the-MDB.pdf">slow adaptation to the wild</a> can reduce survival rates. In some parts of the Murray-Darling, restocking <a href="https://researchers.cdu.edu.au/en/publications/contribution-of-stocked-fish-to-riverine-populations-of-golden-pe">is likely to</a> have slowed the decline in native fish numbers, although it has not stopped it altogether. Address the root cause Fish stocking decisions are sometimes motivated by economic reasons, such as boosting species sought by anglers who pay licence fees and support tourist industries. But stocking programs must also consider the underlying reasons for declining fish populations. Aside from poor water quality, fish in the Murray Darling are threatened by being sucked into irrigation systems, cold water pollution from dams, dams and weirs blocking migration paths and invasive fish species. These factors must be addressed alongside restocking. Fish should not be released into areas with unsuitable habitat or water quality. The Darling River fish kills were caused by <a href="https://www.mdba.gov.au/managing-water/drought-murray-darling-basin/fish-deaths-lower-darling/independent-assessment-fish">low oxygen levels</a>, associated with drought and water extraction. These conditions could rapidly return if we have another hot, dry summer. Stocking rivers with young fish is only one step. They must then grow to adults and successfully breed. So the restocking program must consider the entire fish life cycle, and be coupled with good <a href="https://www.abc.net.au/news/rural/2019-08-28/more-fish-kills-expected-as-nsw-government-announces-rescue-plan/11457826">river management</a>. The Murray Darling Basin Authority’s <a href="https://www.mdba.gov.au/sites/default/files/pubs/Native%20Fish%20Emergency%20Response%20Plan%20-%20October%202019_0.pdf">Native Fish Recovery Strategy</a> includes management actions such as improving fish passage, delivering environmental flows, improving habitat, controlling invasive species and fish harvest restrictions. Funding the strategy’s implementation <a href="https://theconversation.com/a-good-plan-to-help-darling-river-fish-recover-exists-so-lets-get-on-with-it-110168">is a key next step</a>. Looking ahead After recent rains, parts of the Murray Darling river system are now flowing for the first time in years. But some locals say the flows are <a href="https://www.abc.net.au/news/2020-04-11/lower-darling-flows-hit-pooncarie-first-time-in-18-months/12137306">only a trickle</a> and more rain is urgently needed. <a href="http://www.bom.gov.au/climate/outlooks/#/rainfall/median/weekly/0">Higher than average rainfall</a> is predicted between July and September. This will be needed for restocked fish to thrive. If the rain does not arrive, and other measures are not taken to improve the system’s health, then the restocking plans may be futile. Written by Lee Baumgartner, Jamin Forbes and Katie Doyle. Republished with permission of <a href="https://theconversation.com/dont-count-your-fish-before-they-hatch-experts-react-to-plans-to-release-2-million-fish-into-the-murray-darling-140428">The Conversation.</a>

Cruising

Climate change is beating Aussie winemakers

There is <a href="https://www.nature.com/articles/d41586-019-03595-0">growing evidence</a> that Earth’s systems are heading towards climate “tipping points” beyond which change becomes abrupt and unstoppable. But another tipping point is already being crossed - humanity’s capacity to adapt to a warmer world. This season’s uncontrollable bushfires overwhelmed the nation. They left <a href="https://www.afr.com/politics/federal/six-firefighters-injured-three-dead-within-10-hours-20200124-p53uc4">33 people</a> dead, killed an estimated <a href="https://sydney.edu.au/news-opinion/news/2020/01/08/australian-bushfires-more-than-one-billion-animals-impacted.html">one billion animals</a> and razed more than 10 million hectares – a land area <a href="https://www.bbc.com/news/world-australia-50951043">almost the size of England</a>. The millions of tonnes of carbon dioxide the fires spewed into the atmosphere will accelerate climate change further. Humans are a <a href="https://www.scientificamerican.com/article/humans-may-be-most-adaptive-species/">highly adaptive species</a>. In the initial phases of global warming in the 20th century, we coped with the changes. But at some point, the pace and extent of global warming will outrun the human capacity to adapt. Already in Australia, there are signs we have reached that point. Wine woes For Australia, the first obvious tipping point may come in agriculture. Farmers have gradually adapted to a changing climate for the last two decades, but this can’t go on indefinitely. Take wine grapes. In the space of just 20 years, a warming climate means grape harvest dates have come back by <a href="https://www.theland.com.au/story/6559752/the-wine-industry-is-the-canary-in-the-coal-mine/">roughly 40 days</a>. That is, instead of harvesting red grapes at the end of March or early April many growers are now harvesting in mid-February. This is astounding. The implications for wine quality are profound. Rapid ripening can cause “unbalanced fruit” where high sugar levels are reached before optimum colour and flavour development has been achieved. To date, wine producers have <a href="https://www.theland.com.au/story/6559752/the-wine-industry-is-the-canary-in-the-coal-mine/">dealt with the problem</a> by switching to more heat-tolerant grape varieties, using sprinklers on hot days and even adding water to wine? to reduce excessive alcohol content. But these adaptations can only go so far. On top of this, the recent fires ravaged wine regions in south-eastern Australia. Smoke <a href="https://www.afr.com/life-and-luxury/food-and-wine/the-hidden-cost-of-bushfires-smoke-taint-in-vineyards-20200120-p53szt">reportedly ruined many grape crops</a> and one wine companies, Tyrrell’s Wines, expects to produce <a href="https://www.afr.com/companies/agriculture/tyrrell-s-loses-80pc-of-grapes-due-to-fires-20200122-p53tr1">just 20% of its usual volume</a> this year. At some point, climate change may render grape production uneconomic in large areas of Australia. The Murray Darling crisis Farmers are used to handling drought. But the sequence of droughts since 2000 – <a href="https://theconversation.com/is-australias-current-drought-caused-by-climate-change-its-complicated-97867">exacerbated by climate change</a> – raises the prospect that investment in cropland and cropping machinery becomes uneconomic. This in turn will negatively impact suppliers and local communities. The problems are most severe in relation to irrigated agriculture, particularly in the Murray–Darling Basin. In the early 1990s, it became clear that historical over-extraction of water had damaged the ecosystem’s health. In subsequent decades, policies to address this – such as extraction caps – were introduced. They assumed rainfall patterns of the 20th century would continue unchanged. However the 21st century has been characterised by <a href="https://watersource.awa.asn.au/environment/natural-environment/murray-darling-basin-drought-most-severe-on-record/">long periods of severe drought</a>, and policies to revive the river environment have largely failed. Nowhere was this more evident than during last summer’s <a href="https://theconversation.com/we-wrote-the-report-for-the-minister-on-fish-deaths-in-the-lower-darling-heres-why-it-could-happen-again-115063">shocking fish kills</a>. The current drought has pushed the situation to political boiling point - and perhaps ecological tipping point. <a href="https://theconversation.com/the-water-crisis-has-plunged-the-nats-into-a-world-of-pain-but-they-reap-what-they-sow-128238">Tensions</a> between the Commonwealth and the states have prompted New South Wales government, which largely <a href="https://www.theguardian.com/australia-news/2018/feb/08/nsw-minister-altered-barwon-darling-water-sharing-plan-to-favour-irrigators">acts in irrigator interests</a>, to flag <a href="https://www.theguardian.com/australia-news/2018/feb/13/states-threaten-to-quit-murray-darling-basin-plan-over-water-recovery-target">quitting</a> the Murray Darling Basin Plan. This may mean even more water is taken from the river system, precipitating an ecological catastrophe. The Murray Darling case shows adaptation tipping points are not, in general, triggered solely by climate change. The interaction between climate change and social, political and economic systems determines whether human systems adapt or break down. Power struggles The importance of this interplay is illustrated even more sharply by Australia’s failed electricity policy. Political and public resistance to climate mitigation is largely driven by professed concern about the price and reliability of electricity – that a transition to renewable energy will cause supply shortages and higher energy bills. However a failure to act on climate change has itself put huge stress on the electricity system. Hot summers have caused old coal-fired power stations to <a href="https://www.tai.org.au/content/september-gas-coal-power-plants-have-broken-down-100-times-so-far-2018">break down more frequently</a>. And the increased use of air-conditioning has increased electricity demand – particularly at peak times, which our system is ill-equipped to handle. Finally, the recent bushfire disaster <a href="https://www.smh.com.au/business/the-economy/energy-grid-under-threat-as-bushfires-bear-down-on-power-lines-20200103-p53om1.html">destroyed</a> substantial parts of the electricity transmission and distribution system, implying yet further costs. Insurance costs for electricity networks are tipped to rise in response to the bushfire risk, <a href="https://www.abc.net.au/news/2020-01-23/power-prices-rise-blackouts-increase-bushfire-season-intensifies/11890646">pushing power prices even higher</a>. So far, the federal government’s response to the threat has been that of a failed state. A <a href="https://www.abc.net.au/news/2017-10-16/cabinet-dumps-clean-energy-target-for-new-plan/9056174">series</a> of <a href="https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=2ahUKEwjmuvPLvZvnAhWmxjgGHe_ZB0cQFjACegQIPBAB&url=http%3A%2F%2Fclimatechangeauthority.gov.au%2Fsites%2Fprod.climatechangeauthority.gov.au%2Ffiles%2Ffiles%2FSpecial%2520review%2520Report%25203%2FClimate%2520Change%2520Authority%2520Special%2520Review%2520Report%2520Three.pdf&usg=AOvVaw3Po_SKPoPYvtjR0eKx9PA5">plans</a> to reform the system and adapt to climate change, most recently the <a href="https://www.theguardian.com/australia-news/2018/sep/08/scott-morrison-says-national-energy-guarantee-is-dead">National Energy Guarantee</a>, have floundered thanks to climate deniers in the federal government. Even as the recent fire disaster unfolded, our prime minister <a href="https://www.smh.com.au/politics/federal/fire-what-fire-it-s-business-as-usual-in-morrison-s-canberra-bubble-20191206-p53hom.html">remained paralysed</a>. The big picture Australia is not alone in facing these adaptation problems – or indeed in generating emissions that drive planetary warming. Only global action can address the problem. But when the carbon impact of Australia’s fires is seen in tandem with recent climate policy failures here and elsewhere, the future looks very grim. We need radical and immediate mitigation strategies, as well as adaptation measures based on science. Without this, 2019 may indeed be seen as a tipping point on the road to both climate catastrophe, and humanity’s capacity to cope. <a href="https://theconversation.com/profiles/john-quiggin-2084">John Quiggin</a>, Professor, School of Economics, <a href="https://theconversation.com/institutions/the-university-of-queensland-805">The University of Queensland</a> This article is republished from <a href="http://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/humans-are-good-at-thinking-their-way-out-of-problems-but-climate-change-is-outfoxing-us-129987">original article</a>.

Domestic Travel

“National disgrace”: Aussie taxpayers fork out $40 million to expand irrigation in the Murray-Darling Basin

Australian taxpayers have given a large corporation more than $40 million, which has enabled it to expand irrigation in the Murray-Darling Basin under an environmental scheme that has been labelled a national disgrace. Four Corners revealed that more than $4 billion in Commonwealth Funds have been handed over to irrigators. This has allowed them to expand their operations and use more water under the $5.6 billion water infrastructure scheme. The scheme is intended to recover water for the rivers by giving farmers money to build water-saving infrastructure in return for some of their water rights. Some beneficiaries of the scheme are foreign-owned corporations according to <a href="https://www.abc.net.au/news/2019-07-08/taxpayers-helping-fund-murray-darling-basin-expansion/11279468">the ABC.</a> Maryanne Slattery, a former director at the Murray-Darling Basin Authority says that it’s horrifying a scheme that’s designed to help the environment has allowed irrigators to use more water. "That program was supposed to reduce the amount of water that was going to irrigation, when it's actually increased the opportunities for irrigation … all subsidised by taxpayers," she said. "I think Australian taxpayers will be really shocked to find out that that money is actually going to foreign investors as well." UNSW river ecologist Professor Richard Kingsford has been studying the Murrumbidgee River for more than 30 years. He has said that the new dams are trapping water that would have otherwise flowed downstream into habitats and farming communities in the Murray-Darling Basin. "I find that astounding. I mean, why are we building these large dams for private gain at public cost?" he said. "Essentially it increases the take from the river system and ultimately decreases the amount of water in the river. That to me is where, in fact, we may be seeing more water taken out of the rivers than water savings." Maryanne Slattery says that the region is unsuitable for dams because of the high rate of evaporation. "You just see dam after dam after dam, these massive on-farm dams, in a place that is as flat as a table, that just should not have dams," said Ms Slattery, who is now a senior water researcher at the Australia Institute. "And then when you realise they're being paid for by the Commonwealth, under a supposedly environmental program, that's just horrifying."

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