Australian activist Jonathan Moylan recalls the non-violent climate action that could have sent him to jail
Ten years ago today, at the age of 22, I hit send on a media release before brewing a pot of coffee. I didn’t realise it at the time, but that spoof release, which was intended to paint a picture of a better world, ended up causing ripple effects that reverberated around the world.
At stake was the Leard State Forest, the largest intact area of native vegetation in the heavily-cleared Liverpool Plains, the centre of a critical biodiversity corridor that was part of the Nandewar-Brigalow bioregion, providing connectivity for species between the Kaputar ranges to the north and the Pilliga to the south. Habitat for koalas, regent honeyeaters and an incredible array of bats and microbats, the forest was being targeted by three large open-cut mines that would rip the forest apart.
I hadn’t heard of the Leard Forest or the neighbouring community of Maules Creek until the previous year, but for years the community had been working together to protect their region from open-cut mining. They were not opposed to mining per se, and would have tolerated an underground mine, but were worried about losing road access to Maules Creek during floods due to the planned closure of Leard Forest Road, as well as the threat of ten metres of aquifer draw-down, property devaluation, noise and dust.
Yet despite their reasonable proposals, thousands of dollars spent on independent consultant reports and some political support across the spectrum, the mine was approved by the NSW Government in late 2012 – all that remained was a determination from the federal government.
At the time, Whitehaven’s Maules Creek project was the largest new coal mine being considered in NSW and would increase coal tonnages through the world’s largest coal port in my hometown of Newcastle by ten percent. Yet despite the contention around the mine and its enormous contribution to climate change, the mine also secured a $1.2 billion loan facility from ANZ bank.
While it was rare at the time, in the ten years following 2013 we’ve seen a growing number of banks worldwide rule out finance for new coal projects following pressure from communities, shareholders and regulators given heightened awareness that climate change poses acute, chronic and systemic risks to the financial sector and the economy as a whole. Cracking down on companies making misleading claims about their climate credentials is now a priority for ASIC, the corporate regulator.
That would have been unimaginable in 2013, when the press release I sent out on ANZ’s letterhead – which was quickly revealed to be a hoax – announced that ANZ was withdrawing its loan to Whitehaven on ethical grounds. I only realised how serious things would get after a call from a journalist at the Washington Post who told me that Whitehaven’s share price had dropped by 9% – before recovering some twenty minutes later. Soon what start as a small protest camp in the forest with a handful of people became a two-year-long effort bringing thousands of people from all walks of life – doctors, lawyers, a former mining engineer and even former Wallabies flanker turned senator David Pocock – to take action in an effort to prevent the damage the mine would bring. More extraordinary was the incredible alliance of Gomeroi traditional owners, farmers and environmental groups who found common cause in a way that has probably permanently transformed the social fabric of the region.
Cracking down on companies making misleading claims about their climate credentials is now a priority for ASIC, the corporate regulator. That would have been unimaginable in 2013,
As I quickly learnt, any misleading statement that could impact on the sharemarket carried severe consequences. Officers from the securities regulator ASIC flew up to camp to seize my phone and computer and ordered me to appear for compulsory questioning – with no right to silence. Four months later I was charged with an offence that carried a maximum penalty of 10 years jail or $750 000 in fines. They were entitled to do this – although nobody had previously been charged under that false and misleading provision of the Corporations Act – it was a strict liability offence, which meant that the fact that I didn’t expect or intend an impact on the share price or wasn’t a participant in the sharemarket was irrelevant to the charge.
Suddenly I found myself in the middle of an incredibly high-pitched and polarising debate that played out in the media and in parliament for weeks. In some minds, I had deliberately set out to cause damage to the market. The bigger issue of the irreversible harm that would be caused to the world’s life support systems – on which we all depend – was at risk of being lost. For many others though, the notion of jailing a young man for drawing attention to a destructive new coal project galvanised support.
For its part, Whitehaven is no stranger to being on the wrong side of the law, having been penalised for illegal mining, illegal dumping, water theft, failure to declare political donations and illegal land-clearing. Yet the penalties meted out in those cases have never come close to meeting their gravity.
The broad-based campaign did more than delay the mine for several years. Public opinion has finally started to turn amidst a realisation that global coal demand has already peaked and renewables will win the race – the only question is when. The community continues to hold out against proposed coal expansions and coal seam gas threats in North-West NSW.
Throughout the ensuing court case, I was told by lawyers that the most likely outcome was a prison sentence of around a year. I was willing to accept the consequences, even though it was virtually unheard of for anybody to face prison time for a protest action in NSW. Ultimately I was sanctioned with a suspended sentence.
Throughout the ensuing court case, I was told by lawyers that the most likely outcome was a prison sentence of around a year
What’s harder to accept is the notion that with everything we know about the consequences of mining and burning fossil fuels, some companies are still entertaining significant new coal, oil or gas expansions. Yet as a United Nations panel determined last November, any bank that continues to claim it is committed to net zero emissions while lending to companies pursuing fossil fuel expansions is misleading the public.
A lot of water has passed under the bridge in ten years. But there is still much more to do.
All Our Yesterdays exists to inform people about the long histories of climate change – the science, the politics, the technology, the protest movements. It hopes to spark discussions among citizens’ groups about what we need to do differently to make the radical rapid changes required,…If you are someone, or know someone who should be writing a guest post/giving an interview, please say so in the comments below…
