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.