‘Quick fix’ legislation passed, 3 Indigenous MLA’s cross the floor

Late this evening the legislation the NT government has introduced to ‘fix’ the Supreme Court decision was read for a final time in Parliament.

As expected the amendment was passed, but not before the NT Government was subjected to extensive criticism by the Opposition and Independent Members of Parliament . Formost in their concerns was that the ‘fix’ was only to save an incompetent minister, as they again called for his sacking in a no confidence motion.

Concern was also expressed at the amendment which was designed to overturn a court ruling and provide certainty for Xstrata by denying all rights of appeal and legal challenge, now and into the future.

For the first time since the Labor Party formed government in NT in  2001, three members, Barbara McCarthy, Alison Anderson and Karl Hampton crossed the floor to vote against it and spoke openly against the amendment.

They were  joined by Independents Lorraine Braham and Gerry Woods, who although in favour of the mine opposed the amendment as a flawed and unnecessary, when existing legislation could have been used with removing the rights of the Traditional Owners

Minister for the Environemt,  Minister Marion Scrymgour was absent for the vote. A  clear sign of the division with the Territory Labor Party.

Elliott McAdam, Labor Member for the seat of Barkly, which includes the McArthur River Region, sided with the other mine supporters to validate the illegal mine authorisation and deprive the Yanyuwa, Mara, Gurdanji and Garrawa Peoples of any right of appeal or challenge through the courts.

MLAs walk out on McArthur River mine debate

Three Indigenous MLAs have walked out of the Northern Territory Parliament as debate resumed on a Bill that would override the effects of a Supreme Court decision on the McArthur River zinc mine.

The court decision has forced a halt to work on expanding the mine.

But the Government is rushing through amendments that allow all types of mining at the site and prevent traditional owners or anyone else from launching legal action to stop the $110 million expansion from going ahead.

Attorney-General Syd Stirling told Parliament this afternoon that the issue was a particularly sensitive one for some members of government.

As debate on the amendment restarted, Indigenous Labor MLAs Barbara McArthy, Alison Anderson and Karl Hampton left the chamber.

Environment Minister Marion Scrymgour was already outside the chamber.

During the debate, Elliott McAdam also left the chamber, meaning Matthew Bonson was the only Indigenous MLA to see the Bill’s second reading passed.

NT mine expansion legal action starts

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

The Northern Land Council (NLC) mounted the challenge against former federal environment minister Ian Campbell, claiming he failed to take into account mandatory considerations and follow mandatory procedures.

Senator Campbell signed off on the McArthur River Mine (MRM) project, near the Gulf of Carpentaria, after it was approved by the NT government in October last year.

The $110 million expansion is part of a project by Swiss mining giant Xstrata to turn the operation from underground to open cut mining.

NLC lawyer Neil Williams said Senator Campbell failed to consider the effect the radical 5.5km river diversion would have on the environment, including changes that “(have), or will have, or (are) likely to have an impact on migratory or vulnerable species”.

Submissions raised by members of the public about their environmental concerns were also overlooked, he said.

“There was an obligation to comply with the assessment procedures under the (Environmental Protection and Biodiversity Conservation (EPBC) Act) and that was not done,” Mr Williams told the Federal Court in Darwin.

“The consequence of that, Your Honour, is invalidity,” he said.

The court hearing coincided with a heated day in the NT parliament, with the government attempting to push through rushed amendments to legislation that would allow the controversial MRM project to go ahead.

The NT government was thwarted earlier this week when the NT Supreme Court ruled in favour of the landowners in a separate court case - a decision hailed by opponents as a win for both traditional owners and the environment.

Justice David Angel upheld the arguments of the NLC and ruled NT Mines Minister Chris Natt had used an invalid process to approve the mine’s expansion.

Work on the project was immediately stopped, leaving 400 people without a job and throwing into doubt the future of the operation.

NT government lawyers were back in the Supreme Court on Thursday, arguing against Justice Angel making final orders on the matter.

But he rejected their argument that the introduction of new legislation would render his judgment irrelevant, and stood by his initial ruling, saying his “job was to declare the law as it is now”.

Meanwhile, lawyers for the commonwealth, Xstrata and the NLC asked for the case regarding Senator Campbell to be adjourned until after parliament passed the new bill.

Country Liberal Party (CLP) determination to get mileage from the affair, including a question time heavy with cries of government incompetence, error and heavy handedness - pushed the matter back until the end of the day.

The legislation was still being debated at 5pm (CST), although it was likely the amendments would be passed.

http://www.thewest.com.au/aapstory.aspx?StoryName=378845

Law change digs out mine

THE NT Government changed the law yesterday to overrule a decision by the Supreme Court that jeopardised the future of the McArthur River Mine.
Minister for Mines Chris Natt introduced an amendment to the McArthur River Project Agreement Ratification Act into Parliament that he hopes will ensure the future of the world’s biggest zinc mine.

The government was embarrassed earlier in the week after Supreme Court judge David Angel ruled the government did not follow correct procedures when approving the McArthur River Mine expansion last year.

Mr Natt stuck to his guns yesterday that the government’s advice prior to approving the mine expansion was legally sound.

“The government went through very stringent processes in granting the approval,” he said.

“The judge ruled against us on a technicality and we’re moving on.”

Mr Natt played down criticism that both the Mines and Chief Minister’s departments had failed to pick up that MRM’s mining plan did not meet guidelines by specifying the type of mining at the site.

“It’s just one small word — the word underground,” he said.

Chief Minister Clare Martin said the government decided to introduce new legislation rather than appeal the decision to offer certainty to the mining operation.

“It was a difference of opinion between the judge and the Department of Justice,” she said.

“This amendment is not overriding the court judgement, it’s just clarifying the Act.

“We believe we had the right approach — the judge only identified one technicality.”

Opposition leader Jodeen Carney took a swipe at the government for appointing the inexperienced Mr Natt as the Mines Minister.

“The government says on the one hand that mining is really important to the Territory, but on the other hand they put the most junior minister in charge of that portfolio,” she said.

“Given the booming mining industry, the least Clare Martin could do was deliver up a minister who can do his job.”

http://www.ntnews.com.au/article/2007/05/03/937_ntnews.html
 

Opposition wants Minister sacked over McArthur River Mine decision

The Northern Territory Opposition says Mining Minister Chris Natt should be sacked after botching the McArthur River Mine expansion.

The Government’s McArthur River Project Agreement Ratification Act is likely to be passed in Parliament today, allowing all types of mining at the site near Borroloola, including open cut.

Work on the $110 million expansion ceased on Monday when the Supreme Court ruled that the Territory Government’s approval process was flawed.

Mr Natt maintains it was only a technicality that stood in the way of the planned expansion and it will be rectified today.

But Opposition mining spokeswoman Fay Miller says people’s livelihoods are at stake and ministers cannot afford to make simple technical mistakes.

“Ask those businesses and the employees of the McArthur River mine if they think it’s good to have a minister at the helm who’s still learning,” she said.

“We’re toying with the idea of a lot of people’s lives here and we’re toying with a business and an industry which contributes billions of dollars.”

The Opposition is expected to vote for the act.

http://www.abc.net.au/news/newsitems/200705/s1912950.htm