The Queensland government is considering claims the Carmichael coalmine is breaching its environmental compliance measures, as mine operators deny any wrongdoing.
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The state's Department of Environment and Science on Wednesday confirmed it's aware of allegations that operator, Bravus, is contravening its obligations relating to noise and dust emissions at the site.
No finding has been made.
"We have a robust compliance program and take appropriate enforcement action when necessary," a department spokesperson told AAP in a statement.
Lawyer Alison Rose is representing Adrian Burragubba, Gurridyula (Coedie) McAvoy and the Nagana Yarrbayn Cultural Custodians, all members of the Wangan and Jagalingou nation. She has written to Queensland's environment minister seeking an investigation into the coalmine's environmental compliance.
Mr Burragubba and his son Mr McAvoy have been fighting mining operations by Indian company Adani and its Australian subsidiary Bravus for more than a decade.
Ms Rose said her clients were concerned Bravus may have breached the Environmental Protection Act by allegedly failing to comply with noise and dust emission controls for a "sensitive place".
"Our clients have made some complaints already and there hasn't been any investigation of their complaint, any response from Adani or any monitoring of noise or dust on site at all as a response to those complaints," she said.
"So essentially, they appear to have been ignored."
But a spokesperson for Bravus Mining and Resources rejected the claims.
"We take great pride in complying with all regulatory requirements to manage noise and dust at our mine to keep our workforce and neighbouring graziers safe," they told AAP on Wednesday.
The Carmichael mine lies 160km northwest of Clermont in central Queensland.
The first stage of the mine is producing in the order of 10 million tonnes of coal per year, all for export.
Mr McAvoy has been camping at Waddananggu, living in the shadow of the Carmichael coalmine for almost two years and has previously complained to the department about the mine's operations.
"First Nations should be able to peacefully practise their culture on their country without unreasonable interference - that's a really important principle," Ms Rose said.
"It's up to the regulator to enforce the noise and dust limits to prevent unreasonable interference with their cultural practices."
Ms Rose noted of her clients' cultural rights are protected by the Queensland Human Rights Act.
The Bravus spokesperson said if Mr McAvoy was dissatisfied at being on a mine site, he could leave.
"We maintain Mr McAvoy's unauthorised anti-coal protest camp is unlawful, unsafe and should not be on our mining lease and should be moved," they said.
The spokesperson cited the company's consultation with traditional owners.
"The Wangan and Jagalingou people voted 294 to one in favour of the Indigenous Land Use Agreement for the mine to protect their rights and their cultural heritage."
Nagana Yarrbayn Cultural Custodians have been on the mine site conducting cultural ceremonies on Ngarra (North) Waddananggu to strengthen relationships with land and conserve and protect the land.
"We connect with that land and we take our people out there so we can teach our young people about their totems and their connection to their land," Mr Burragubba said.
Mr McAvoy said people, animals and plants were being affected by large amounts of dust.
"It's really hard to try and live around that area because of the noise and dust that's coming off from the pit straight across the road from us," Mr McAvoy said.
"At night time you shine a torch up into the air and you just see it's just filled with dust. Everyone's starting to cough.
"We can hear the morning birds going in the middle of the night, because they think that it's morning, so it's messing up the balance with the birds."
Australian Associated Press
