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Aborigines get Jabiluka veto

22 April 2004 - Traditional Aboriginal owners signed off on a historic agreement ending their long struggle against the controversial Jabiluka uranium mine.

The landmark deal gives the owners the right to veto the future development of the site in the heart of Kakadu National Park in the Northern Territory.

The Northern Land Council (NLC), acting on behalf of traditional owners, voted unanimously at its full council meeting to ratify the agreement with the mine owner, resources giant Rio Tinto's Energy Resources of Australia (ERA).

The long-awaited deal was flagged last July but delayed until now to give more time for consultation with traditional owners.

The Jabiluka mine had been the focus of years of bitter and violent protests, which culminated in the late 1990s when ERA finally won approval to extract uranium from the site.

Thousands of protesters rallied across Australia against the mine, with hundreds arrested in demonstrations.

Extracted uranium ore was never processed and sat in a stockpile at the site until late last year when it was put back in the mine as part of the deal.

Gundjehmi Aboriginal Corporation, which represents the Mirrar people, said that under the deal ERA had pledged not to carry out any mining activity on the Jabiluka Mineral Lease without the written consent of the Mirrar people.

The Jabiluka mine decline was backfilled and the site cleaned up late last year.

Some of ERA's financial obligations will also be waived under the deal.

ERA has paid out more than $7.5 million to the Northern Land Council since 1998 as part of an agreement signed with the previous mine owners Pan Continental.

"We heartily welcome the NLC's ratification of the agreement," Gundjehmi executive officer Andy Ralph said.

"While it has taken many months for the NLC to finally arrive at this point, we are happy that there is now Aboriginal consensus on giving Mirrar traditional owners true control over their destiny in relation to uranium mining.

"This agreement will see the Mirrar people in the driving seat, for the first time in 30 years, of mining activity on their country."

ERA welcomed the decision and thanked the Mirrar people for their "strong leadership".

Source:The Age

Kakadu traditional owners strike deal to stop uranium mining

Reporter: Ben Knight

TRANSCRIPT

23 April 2004 - TANYA NOLAN: After decades of fighting, the traditional owners of Kakadu National Park have finally secured a deal to effectively stop operations at the Jabiluka uranium mine.

The Mirrar people have been giving the right of veto over any plans to mine the area.

The mine's owner, ERA, says it came to realise that the mine would only ever go ahead with the approval of the traditional owners, and it couldn't be happier with the decision.

And not surprisingly, Aborigines are also very pleased with the result.

Ben Knight spoke with the Gundjehmi Aboriginal Corporation's Andy Ralph.

ANDY RALPH: Well for the first time in 30 years the Mirrar people will have control over the Jabiluka mineral lease. The mining company have had further right to mine uranium there since 1982. The Mirrar will now have a veto, whereby they'll be able to exercise their rights as the traditional owners of that country at Jabiluka. At the moment, their view is they don't wan the mine to be operating and that'll be the view that I imagine which will remain in force for sometime.

BEN KNIGHT: How often will the company be able to come back to the Mirrar people and ask to mine again?

ANDY RALPH: The agreement is for four years. The company can come back to the Mirrar people and ask, 'do you want the Jabiluka mine to go ahead or not?' At the moment they're saying 'no', so the company no doubt will be asking every four years. It's very similar to the Land Rights Act that operates through the Northern Territory and I expect that the negotiations will be held every four years under those terms.

BEN KNIGHT: Considering that the views as you say, of the Mirrar people are pretty well known on this, it doesn't seem to give the company very much. Why do you think that you've been able to reach this agreement?

ANDY RALPH: Well I think that ERA and Rio Tinto want to operate in good faith with traditional owners. They realise that's it's no good going off doing things on Aboriginal land without the full consent of the traditional owners, and they want a good close working relationship with the Mirrar people. They already have a uranium mine on Mirrar country, that's the Ranger uranium mine, which has been in the news of late.

It's a giant step forward for the mining company, and mining companies in Australia in general they work closely with the tradition owners of the country they operate on, and also work closely with the land councils.

BEN KNIGHT: So this is really, what giving the mining company a window into the future which they might not have had, having been at odds with the Mirrar people for so long, leaving themselves a chance that one day they might change their mind. Now, can you ever foresee a time when the Mirarr people would say, 'yes, we feel comfortable with you opening up a uranium mine'?

ANDY RALPH: That's for Mirar to decide, Look, the current view of the tradition owners is that they are opposed to the Jabiluka mine. There are sacred site issues at the mine site, there's environmental issues at Jabiluka as well.

The current view is that Jabiluka will not proceed and it'll be up to continuing generations I suppose to make that judgment as they're asked every four years under the terms of the agreement.

TANYA NOLAN: Andy Ralph is the Executive Officer of the Gundjehmi Aboriginal Corporation, with Ben Knight.

Source: ABC

Mirrar welcome NLC endorsement of Jabiluka agreement

Media Release
Gundjehmi Aboriginal Corporation

22 April 2004 - The traditional Aboriginal owners of the site of the proposed Jabiluka uranium mine, the Mirrar People, today welcomed the decision by the Full Council of the Northern Land Council to ratify the Jabiluka Long-Term Care and Maintenance Agreement between the Mirrar, Energy Resources of Australia and the NLC.

Under the agreement, which has been negotiated over the past 18 months, ERA pledges to not carry out any mining activity on the Jabiluka Mineral Lease without the written consent of the Mirrar traditional owners. The agreement also provides for the backfilling of the Jabiluka mine decline (these works were completed in late 2003) and the waiver of certain financial obligations on the Rio Tinto-controlled ERA.

Gundjehmi Aboriginal Corporation was instrumental in securing the landmark agreement. The Corporation initially proposed the contract following the September 2002 commitment by the then chairperson of Rio Tinto, Sir Robert Wilson, that there would be no mining at Jabiluka without the consent of the Mirrar. Gundjehmi's executive officer, Mr Andy Ralph, today greeted the NLC's endorsement of the new agreement as an important step in what has been a long process.

"We heartily welcome the NLC's ratification of the agreement. While it has taken many months for the NLC to finally arrive at this point, we are happy that there is now Aboriginal consensus on giving Mirrar traditional owners true control over their destiny in relation to uranium mining.

"This agreement will see the Mirrar People in the driving seat for the first time in thirty years of mining activity on their country. Once the agreement is executed the decision as to whether or not the proposed Jabiluka uranium mine goes ahead is entirely in the hands of the traditional owners," Mr Ralph said.

In accordance with the Aboriginal Land Rights (Northern Territory) Act 1976, the Jabiluka Long-Term Care and Maintenance Agreement must now be approved by the Minister for Indigenous Affairs, Senator Amanda Vanstone, prior to it coming into force.

Source: Gundjehmi Aboriginal Corporation

Agreement between Rio Tinto subsidiary and traditional owners over uranium mine

James Rose

7 April 2004 - Energy Resources Australia reaches agreement with land owners regarding the controversial Jabiluka mine in the country.

Energy Resources Australia (ERA), majority-owned by Rio Tinto, have welcomed the ratification of an agreement between the company and traditional owners, the Mirrar, by the Northern Land Council in Australia’s Northern Territory regarding the Jabiluka uranium mine.

The agreement ensures that the contentious mine lease owned by ERA will not be developed until local aboriginal groups agree to go ahead.

Currently there is a consensus among indigenous groups to continue the moratorium on the mine’s development.

ERA spokesperson Amanda Buckley said that the negotiation process had been well-managed. “We would like to thank the Mirrar for their strong leadership.” She said.

According to Ms. Buckley, ERA began backfilling part of the mine shaft in August last year as part of the on-going agreement to begin rehabilitating the mine area.

However, the company states in its annual report that the lease represents “one of the world’s largest undeveloped uranium sites and that it will remain a valuable asset to ERA.”

Ms Buckley notes the current agreement “recognises the continued existence of the mine lease.”

She agrees that at the moment indigenous support for the mine’s development is not forthcoming and that, therefore, no development will be undertaken in the immediate future.

The National Land Council’s sign-off on the agreement awaits final ratification by the federal Department of Indigenous Affairs to become official.

Source Source: Ethical Corporation Asia News

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