The federal approval process for a new coal mine in Queensland is moving ahead despite revelations that the project is under criminal investigation for illegal land clearing.

Government officials this week briefed a Senate committee on the criminal investigation and confirmed the approval process was already underway, sparking outrage from the Greens and environmentalists.

An ABC NEWS investigation in October uncovered allegations that private coal company Vitrinite had illegally cleared 47 hectares of koala habitat in Queensland’s Bowen Basin ahead of federal approval.

The area is listed as a “bulk sampling” project to be used to test resources for a larger proposed mine.

Vitrinite had received approval from the Queensland government for an open-pit mine to test its coal resources.

This open coal test pit and other mining infrastructure overlapped areas still awaiting approval from the federal government.

It is a crime to proceed with any part of a project submitted for environmental approval by the federal government without approval.

It is also an offense to carry out an activity, such as clearing koala habitat, without approval if it is truly likely to significantly impact an endangered species.

Vitrinte told ABC NEWS that although the activity he initiated was in the same location, it was not part of a larger mining project and was not large enough to require his own direction.

“Vitrinite has received all necessary government approvals for its bulk sampling activities,” said operations chief Michael Callan.

He said that as part of the Queensland government’s approvals, they had been subject to an assessment that determined there would be no “significant permanent impact” from the sample mine.

Senators talked about criminal investigation

Statements about the criminal investigation by the Federal Environment Agency were questioned by Greens Senator Sarah Hanson-Young.

Department officials told the Senate that the federal approval review process will not be affected while the investigation continues.

The mine may be approved by another division of the federal environmental department before the investigation is completed, officials said.

“It was surprising to learn that despite the Department conducting a criminal investigation, the Minister was prepared to approve this mine within weeks, even before knowing the outcome of the investigation,” Senator Hanson-Young said.

Environment Minister Tanya Plibersek may seek a court-ordered injunction to stop mining activity from continuing.

That did not happen, department officials told the Senate.

Ms Plibersek told ABC NEWS that all breaches of environmental law are “taken extremely seriously”.

He said he could not comment further because it could jeopardize any compliance action.

When asked by ABC NEWS why an injunction had not been sought, a department spokesperson said no further tree clearing had been done since receiving allegations of criminal conduct.

“I don’t think that’s a satisfactory answer,” said Jenny Brown of the Queensland Conservation Council.

He said ongoing mining activity was still endangering the lives of koalas.

“The environmental impacts go beyond land clearing. There is noise, there is the possibility of other koalas being killed while crossing the road.

“They continue to mine and this is part of the action and an injunction needs to be issued while we investigate allegations of crime.”

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‘Just for show’

Ms Brown said comments to the Senate showed Australia’s environmental laws were “just for show”.

Ms Plibersek said the government’s proposed reforms to federal environmental laws stuck in the Senate would create a new environmental protection agency (EPA) with “tough new powers” to crack down on illegal land clearing.

“EPA will also be able to issue ‘stop work’ orders and proactively inspect jobs to make sure they are doing the right thing,” he said.

The Greens and others on the bench said they would not accept the changes unless they took climate change into account and stopped logging of native forests.