By HAILEY RENAULT

A KALKADOON man concerned with the fate of burrowing frog species inhabiting Battle Creek has clashed with Legend International Holdings over its plans to mine phosphate near the river system.

The Department of Environment and Heritage Protection received an objection from James Taylor on January 18, 2013, after Legend released its Environmental Authority for eight mining leases near Gunpowder, 120 kilometres north of Mount Isa.

Legend attempted to have Mr Taylor's objection against its Paradise Phosphate project struck out on technical grounds, but that was overruled in Brisbane's Land Court on December 20.

Just Us solicitor Colin Hardie, who represented Mr Taylor in court, described Legend's challenge to his client's objections as ``surprising''.

The pair argued that Legend failed to carry out a proper wet season survey, therefore failing to identify and consider the operation's impact on the frogs, eels and fish in Battle Creek - a site they said the company intended to dam as part of the project.

As a custodian of the Kalkadoon Dreamtime story for Battle Creek, he also said any change to the environment could affect the cultural story attached to burrowing frog species living in the creek's ecosystem.

Mr Hardie said if the matter went to trial his client wouldn't back down.

``They [Legend] have a billion-dollar project at risk and my client has his culture at risk,'' he said.

``No one is going to win by going to court but if they are forcing us to a hearing we'll go to one.''

Mr Hardie said the Kalkadoon people weren't anti-mining, and agreements with other mining companies operating on Kalkadoon land was an example of their support for industry.

``Kalkadoon aren't anti-mining, just pro-mining in a sustainable way,'' he said.

``Part of sustainable mining is being responsive to community.

``They are very much part of the Mount Isa community so I can't understand why the company would be trying to strike out this objection without discussing this matter with the traditional owners.''

Kalkadoon Community Pty Ltd told The North West Star it hadn't had any discussion with Legend regarding its Environmental Authority for the Paradise Phosphate project.

Legend International Holdings was contacted for comment but was unable to respond before the article went to print.