NT ‘allowed’ less stringent mining plan

from aap via news.com

THE Northern Territory Government did a complete backflip in the space of a month over its handling of expansion plans for one of the region’s largest zinc mines, a court was told today.

Xstrata-owned McArthur River Mines (MRM) sought to turn its operation near the Gulf of Carpentaria from underground to open cut mining in March last year.

But an Environmental Impact Statement (EIS) raised nine issues of concern and the company was told by the Government its application would be rejected.

A month later, the Government allowed the company to proceed with its application using a less stringent Public Environment Report (PER), the Supreme Court in Darwin heard today.

By October the Government had approved MRM’s $110 million expansion plans, allowing it to divert the McArthur River by 5.5km in a radical feat of environmental engineering.

A group of Aboriginal land owners from the region are fighting the decision, claiming the Government did not follow proper process.

Their lawyer, Tim Robertson, today said the Government allowed the company to provide an amended proposal, rather than insisting it start the entire application process again following the damning findings of the EIS.

“This is a complete turn around from the position expressed by the minister the previous month when she made it clear that the process of assessment was at an end and if they wanted to revisit that matter they had to recommence the proceedings,” he told the court.

“It seems now that the minister is suggesting that all they needed to do is to provide further information to the EPA (Environmental Protection Agency) to solve these environmental issues.”

At the time, Mr Robertson said, MRM wrote to the Government thanking it for allowing the mining operation the opportunity to “clarify its position”.

But MRM also expressed concern about pursuing the new course of action, saying that, following legal advice, it felt the company should “go back almost to the beginning” (of the process).

“Reading between the lines of this letter, MRM seemed to have significant concerns about the legality of the course the Government proposed to embark upon and the likelihood of a legal challenge in the event that it did so,” Mr Robertson told the court.

He added: “How insightful that comment is.”

MRM made a number of environmental concessions after it was sent back to the drawing board in March, including funding an independent environment monitoring process and providing $32 million for a Community Benefits Package.

It also has to pay a $55.5 million security bond for the first year of development, which will inflate as the environmental fallout increases when the river is finally diverted in 2008.

By Tara Ravens
March 27, 2007 06:38pm

http://www.news.com.au/story/0,23599,21457495-17001,00.html

Mine challenge begins in court

From the NT News

TRADITIONAL landowners yesterday began court action against the Territory Government’s decision to allow expansion of the McArthur River mine.

 Lawyer Tim Robertson told the Supreme Court the agreement should be overturned because it went against the Mine Management Act.

He said the new operation was, in effect, a new mine.

The Government approved expansion of the giant lead-zinc mine in October.
Swiss company Xstrata plans to convert the mine into an open cut operation and divert the McArthur River for 5.5km.

But not all traditional owners opposed the mine expansion.

Phillip Timothy, 43, said landowners had not been consulted properly.

“This is like a kick in the guts because we didn’t know,” he said.

“Back home there is a lot of frustration and anger.

“They are going to put the mine right in the middle of our river system. There are a lot of spiritual things there.

David Harvey, 43, said he was looking forward to being heard.

“We want to get up and talk. Let the whole of Australia and all over the world know what we’re fighting for _ our rights and our country.

Mr Robertson said the Government failed to consider environmental impacts of the increased operation. The case is expected to run for five days.

By PHOEBE STEWART, 27mar07
http://www.ntnews.news.com.au/common/story_page/0,7034,21452398%255E13569,00.html

NT land owners sue over mine expansion

from the SMH

A group of traditional land owners has begun legal action against the Northern Territory government over the expansion of the territory’s largest zinc mine.

The $110 million expansion, approved by the Northern Territory government in October last year, will turn the McArthur River Mine from underground to open cut mining.

Part of the project by Swiss mining giant Xstrata and its subsidiary McArthur River Mining (MRM) involves diverting the McArthur River, near the Gulf of Carpentaria, by 5.5km.

But in the Northern Territory Supreme Court in Darwin on Monday, lawyer for the traditional owners, Tim Robertson, said the government failed to follow relevant procedures under the Mines Management Act.

He said the action “flies in the face” of what was provided for under the act, and the expansion approval required “fresh authorisation for what is effectively a new mine”.

“It required variation of authorisation or required a fresh variation,” Mr Robertson told the court.

The legal challenge also includes a failure to provide local Aborigines with natural justice and failure to consider environmental impacts.

“The minister must consider whether to impose a condition relating to the outcomes of the environmental assessment process and if the minister fails to turn his or her mind to that consideration, then in our respectful submission, there is a legal error,” Mr Robertson said.

MRM first applied to expand the mine in March but the NT government sent it back to the drawing board to deal with environment concerns.

It then made a number of concessions, including funding an independent environment monitoring process and providing $32 million for a Community Benefits Package.

The company also has to pay a $55.5 million security bond for the first year of development, which will inflate as the environmental fallout increases when the river is finally diverted in 2008.

In separate court action, traditional owners are also taking legal action against former federal environment minister Ian Campbell, claiming he failed to follow proper process under the Environment Protection and Biodiversity Conservation Acts.

http://www.smh.com.au/news/National/NT-land-owners-sue-over-mine-expansion/2007/03/26/1174761346047.html

Traditional owners challenge McArthur River Mine expansion

from the ABC

Proceedings have begun in the Northern Territory’s Supreme Court over the expansion of the McArthur River Mine near Borroloola.

Traditional owners from McArthur River are challenging the decision by the Northern Territory Government to approve the expansion of the mine, which is operated by Xstrata.

Last year the Territory’s Mines Minister approved the expansion, which includes the diversion of the McArthur River for five and a half kilometres and conversion to an open cut operation.

Today about 20 traditional owners packed the Supreme Court to hear proceedings begin.

Defence lawyer Tim Robertson told the court the approval to expand the mine flies in the face of the Mine Management Act.

He also told the court environmental conditions surrounding the approval will also be examined.

The hearing has been set down for five days.

http://www.abc.net.au/news/newsitems/200703/s1881814.htm

Traditional owners challenge mining approval

The Traditional Owners (Yanyuwa, Mara, Garrawa and Gurdanji) from McArthur River will be in the Supreme Court of the Northern Territory today, challenging the decision by the NT Government to approve the expansion of Xstrata’s McArthur River mine.

The expansion involves the diversion of the McArthur River for 5.5km and risks severe impacts on the riverine environment from pollution and sedimentation.

The grounds for the challenge by the Traditional Owners include the failure of the NT Government to comply with the Mine Management Act.

The legal challenge demonstrates a clear determination by the Traditional Owners to continue to fight for the their country and their culture.

It is a vote of no-confidence in the way the NT Government deals with environmental and cultural impacts and represents a sharp criticism for the Chief Minister and Minister for Indigenous Policy, Clare Martin and her assistant and local representative for the McArthur River, Elliot McAdam 

The hearing [157/06 (20632687)] is to commence at 10am Monday morning before Judge Angel in court 10, it has been listed for five days.

More than 10 Traditional Owners have travelled up from Borroloola to attend the hearing. The Traditional owners will also be attending a special screening of Two Laws (Kanymarda Yuwa) at the NT Museum and Art Gallery, 7.30pm Tuesday night, and speaking about their fight for land rights and the  McArthur River.