Federal investigators have determined that a central Queensland coal mine did not violate national environmental laws during recent land clearing activities.

Drone footage captured approximately 200 hectares of vegetation cleared at the proposed Gemini Coal project site near Dingo, 120 kilometers west of Rockhampton. The project, operated by Magnetic South, anticipates a 25-year lifespan producing up to 1.9 million tonnes of coal annually.

Allegations and Investigation

Conservation advocates raised concerns last year, claiming the clearing occurred without a required referral under the Environment Protection and Biodiversity Conservation (EPBC) Act. This legislation mandates referrals for actions likely to significantly impact protected matters, including threatened species such as the greater glider, bridled nail-tail wallaby, and koalas potentially present in the area.

The Department of Climate Change, Energy, the Environment and Water (DCCEEW) conducted a thorough review and concluded no breaches occurred. The clearing adhered to an existing “Not a Controlled Action (NCA) if undertaken in a Particular Manner (PM)” determination.

Why the Clearing Was Deemed Legal

The NCA-PM approval originated in 2010 for the project then owned by Dingo West Coal Pty Ltd. Subsequent owners Cockatoo Coal acquired it in 2013, followed by Magnetic South in 2015. Officials confirm the approval attaches to the action—the mine development—rather than the specific owner, keeping it valid.

Criticism from Environmental Groups

Lock the Gate Alliance central Queensland coordinator Claire Gronow expressed disappointment. “It’s just really concerning that the EPBC Act doesn’t provide stronger mechanisms to protect habitat for our threatened species and water resources,” the environmental scientist stated.

Ghungalu woman Zhanae Dodd, who participated in ceremonies with traditional owners at the site last year, vowed to pursue all available channels. “We know that land was cleared. We were there on the ground. We could hear the trees falling,” she said. “We know that it has real impacts on our people, and those impacts aren’t recognised in current legal frameworks.”

Freedom of Information Revelations

Publicly released documents under the Freedom of Information Act reveal DCCEEW correspondence advising Magnetic South’s legal team to obtain fresh approvals. One email noted: “There is no mechanism under the EPBC Act to transfer an NCA-PM decision from an old project owner to the new project owner.” It added that such a decision applies only to the original proponent and a historic approval does not guarantee the same outcome today.

Gronow questioned the discrepancy: despite prior advice from senior officials, the 2025 clearing was ruled compliant. She anticipates reforms will introduce stronger protections for areas with threatened species.

Any future expansion in the northern site portion requires separate EPBC approval. Magnetic South reports that with the mining lease granted, environmental authority secured, and rehabilitation bond lodged, construction on the first stage can commence.