Fiery Senate exchange reveals investigation into coal firm a...

Australian government officials are investigating whether a coal mining company is putting threatened greater gliders and koalas at risk by illegally clearing bushland in central Queensland without approval under federal law.

The revelation came in a fiery Senate estimates hearing in which the Greens senator Sarah Hanson-Young criticised the Albanese government for not doing more to stop the clearing and described environment department bureaucrats as “weak” – an allegation she later withdrew.

Officials told the hearing there was an “active investigation” into the alleged clearing, which was raised by Queensland Conservation Council in June. Guardian Australia reported in July that the council had obtainined drone footage that appeared to show large areas of cleared bushland at the site of Magnetic South’s Gemini coalmine near Dingo.

In a letter to the department and environment minister, Murray Watt, the council alleged Magnetic South had cleared about 200 hectares of greater glider habitat and said it had “urgent concerns” that construction of the mine might have begun without the company first referring its plan for assessment under national environmental law.

On Wednesday, officials said the department had inspected the mine site in August and were investigating whether there had been a breach of the law or if there had been a significant impact on threatened species, such as the glider and koala.

Hanson-Young asked the officials whether the coal mining company was continuing to work at the site while the investigation was being carried out.

A department representative responded “I believe so”, but took the question on notice to confirm the details. They added the company did have authorisation for some activities at the site.

Hanson-Young asked if the department had asked the company to stop clearing while the investigation was under way or taken other steps, such as using a ministerial power to call the project in for assessment or seeking an injunction.

Officials said they were still considering the clearing allegations and were required to work through the investigation.

They said there were no provisions under “compliance enforcement obligations to compel a company to stop” and this was something that was being looked at through the reform process for Australia’s nature laws. They added a court “would not think favourably on an injunction until an investigation has been completed”.

In a heated exchanged, Hanson-Young then raised concerns that a separate investigation of alleged illegal clearing by another coal company – Vitronite – in Queensland was still not complete almost a year after it commenced.

Officials said the department was acting on both cases as it was required to under national environment laws.

Hanson-Young called the department “weak” for not taking steps to prevent further work at the Vitronite site.

“You could have called for an injunction to stop the work on Vitronite,” she said.

“I think we’ve just explained why we haven’t,” the department said.

“Because you’re weak,” Hanson-Young responded.

The senator withdrew the remark after a request from Watt. The department said its officers were doing their jobs and meeting their “obligations under the law as it currently exists”.

Guardian Australia has sought comment from Magnetic South. The company has previously said it took its environmental obligations seriously and was committed to ensuring its operations were carried out in line with federal and state laws.

“Magnetic South works constructively with regulatory authorities and prides itself on an uncompromising approach to project delivery within the conditions of its EA [state environmental authority] and mining lease,” they said in July.