Traditional owners take mine expansion plans to Federal Court

A story from the ABC, Friday 23rd Feb 2007.

The traditional owners from McArthur River on the Gulf of Carpentaria have launched a Federal Court challenge to the former federal environment minister’s approval of expansion plans for the local zinc mine.

Former environment minister Ian Campbell cleared the way in October last year for Xstrata to divert the McArthur River for 5.5 kilometres to allow it to convert its zinc mine to open cut.

Mr Campbell approved the move under the Environmental Protection and Biodiversity Conservation Act.

Now the traditional owners are challenging that decision, saying Mr Campbell did not have all the information he needed when he approved the diversion.

They say a report he should have also considered showed there was not enough information about how the mine would affect fresh water sawfish populations and the local environment.

The traditional owners have already started action in the Northern Territory Supreme Court against the Martin Government’s decision to approve the diversion.

http://www.abc.net.au/news/newsitems/200702/s1854845.htm

Traditional Owners challenge mining approval under EPBC Act

The Traditional Owners from McArthur River (Yanyuwa, Mara, Garrawa and Gurdanji) have initiated another legal challenge against the approval to mine and divert the McArthur River. The new action is being taken in the Federal Court and challenges the decision by the Commonwealth Environment Minister to approve the mine under the Environmental Protection and Biodiversity Conservation Act (EPBC).

This a gutsy move by the Traditional Owners. In challenging the Commonwealth Government they are effectively challenging the Prime Minister, John Howard, who gave his personal approval for the mine before the decision was made by his Minister. Supposedly the Minister  was unswayed by the strong and vocal support by the Prime Minister for Xstrata’a mine expansion, but personally I have my doubts.

In making his decision the Senator Campbell relied on the Northern Territory Governments assessment (see the criticisms of the proposal by the NT EPA body), a process that was flawed, politicised and highly irregular. In making his decision Senator Campbell stated “I am satisfied that the proposed changes to the mine will not have a significant impact on matters of national environmental significance”. This fits neatly with the Prime Minister’s comments on the 4th October 2006, when he referred to the mine as a national issue. Clearly the Howard Government sees Xstrata’s mine as nationally significant, but regards the McArthur River as having no national environmental significance. Compare that to the PM’s latest 10 billion dollar water plan for the south and it sounds like hypocrisy.

The details of the approval are sketchy, mainly because the assement was done using the Mine Management Plan which Xstrata and the NT Government are refusing to release to the public. For more information (links) see the Environment Ministers media release, the approval under the EPBC Act the conditions imposed and the statement of reasons for the decision.

At the moment details of the challenge are not available but stay tuned…

Xstrata’s Mt Isa mine tops toxic emissions report

This ABC story is not about the McArthur River Mine, but it lets you see the environmental credentials  of the company who believes they can divert a river, in what John Howard calls an “environmentally sustainable fashion”. 

New figures show Xstrata’s Mount Isa mine is emitting a cocktail of toxic emissions higher than any other mine in the country.

The National Pollutant Inventory (NPI) annual report reveals high emissions in Mount Isa for antimony, arsenic, cadmium, copper, lead, sulphur dioxide and zinc.

Environmental Protection Agency director Peter Thorning says levels need to be carefully managed.

“Any high emission reports on the national pollution inventory warrant further concern,” he said.

All seven compounds appear on the NPI’s list of toxic chemicals.

Elizabeth O’Brien from the Global Lead Advice Support Service says earlier reports show similar results.

“There’s really a need to do something about that, it just isn’t good enough to keep going as the highest emitter,” she said.

Xstrata spokesman Ed Turley says the Swiss mining giant is operating within environmental limits.

“Mount Isa Mines is meeting its licence requirements for emissions measured in the community,” he said.

“We believe the risks are being adequately managed and we’re in regular contact with the EPA.”

 http://www.abc.net.au/news/newsitems/200702/s1851739.htm
 

Sydney McArthur River Protest

The protest in Sydney was curtailed by a rapid response from security but provoked an interesting response. It would seem that Xstrata Sydney deals with coal and doesn’t want to be associated with Xstrata nickel who operate the McArthur River mine. I think its time we took the message to every Xstrata office, Don’t muck up the McArthur!

 Here is a pic from the Sydney protest. Love the web link.

McArthur River campaign goes national

The campaign is protect the McArthur River has widened today with protests planned in Sydney and Darwin. In Sydney the Minerals Policy Institute and the Australian Student Environmental Network will hand deliver a letter to the Xstrata Board at the Sydney Office. In Darwin the Environment Centre NT and Friends of McArthur will deliver a letter to the Chief Minister, Clare Martin.

Below is a copy of the Environment Centre NT media release

McArthur River goes National - Tuesday 13th February 2007

Protestors in Sydney and Darwin today joined forces to protest against the proposed mining of the McArthur River by Xstrata. The mine, approved last year by the Northern Territory (NT) and Commonwealth Governments, will cause the destruction of 5km of the McArthur River and will increase pollution and sedimentation of the river downstream from the mine and out to the Gulf of Carpentaria.

The campaign has been boosted by the Traditional Owners legal challenge to the NT Government’s mining approval in the Supreme Court. Spokesperson for the Environment Centre Northern Territory (ECNT) Charles Roche said “we are at Parliament House today to ask the NT Government to protect the river and to ensure work on the river diversion is halted while the approval to mine is being challenged in court.

“We call on the NT Government to take the only responsible course of action, and act immediately to stop Xstrata from undertaking any further work on the river diversion.

 “The decision to approve the mine demonstrates a failure by Government to understand just how precious our natural rivers are. While the rest of Australia is trying to protect their rivers, the Martin Government is diverting and mining ours.

“Xstrata needs to reconsider the open-cut mine. The community will no-longer tolerate large multinationals raking in huge profits whilst wreaking havoc on our natural environment.

“The actions are part of the wider campaign aimed at protecting the McArthur River.

“As part of the campaign this year we are encouraging people to use the ECNT website http://www.ecnt.org/ to send a letter to Clare Martin and John Howard. A new blog has also been set up to provide information to the public and to give them a chance to get involved http://mcarthurriver.wordpress.com/