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Aboriginals of Australia: Aboriginal Group Takes Action Over Mine

22 December 2006 - (UNPO, Netherlands) - One of Australia's most influential Aboriginal land councils is taking legal action against the Northern Territory Government over the expansion of the territory's largest zinc mine.

In a radical feat of environmental engineering, Swiss mining company Xstrata will divert the McArthur River, near the Gulf of Carpentaria, by 5.5km.

The $110 million expansion, approved by the NT Government in October, is part of a project by Xstrata subsidiary McArthur River Mining (MRM) to turn the operation from underground to open cut mining.

But Northern Land Council (NLC) chief executive Norman Fry said today the organisation was mounting a legal challenge on behalf of traditional owners because the company had failed to resolve concerns over sacred sites and the environment.

Documentation was lodged in the NT Supreme Court today, with the case to be heard next year.
“Xstrata wants to trample on Aboriginal rights and culture by permanently diverting a major river and interfering with major rainbow serpent sites – without negotiating an agreement with traditional owners, and without explaining to the public why it is safe,” Mr Fry said.

The grounds of the challenge include a failure of the government to follow relevant procedures under the Mines Management Act, a failure to provide local Aboriginals with natural justice and a failure to consider the impacts on the environment.

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

It then made a number of concessions, including funding an independent environmental 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 environmental fallout increases when the river is finally diverted in 2008.

But Mr Fry said the company did not have a mining agreement with the Aboriginal people in the area, which was standard industry practice in the 21st century.

“This legal action has not been taken lightly, and only arises because all other options have been exhausted,” he said.

The NLC had also received legal advice that the Kurdanji people would succeed on an outstanding 1996 claim against the NT Government for compensation for the impairment of native title rights, Mr Fry said.
“This compensation will likely be considerable – and is a charge on the territory taxpayer.

“The chief minister and successive mining ministers have ignored and simply failed to respond to NLC correspondence ... which called for the Government to protect the territory taxpayer by insisting that Xstrata pay compensation now – as well as protecting the environment and sacred sites.”

The McArthur River mine was first approved in 1993 and was the first major mining development after the High Court's 1992 Mabo decision.

Despite this, Mr Fry said MRM had never paid compensation or negotiated an agreement with traditional owners.

“It is unfortunate that indigenous Territorians have to litigate the government to get a fair hearing,” said spokesman for the Environment Centre of the Northern Territory, Charles Roche.

“This demonstrates the depth of feeling in the community, the traditional owners are strong in their opposition to the river diversion which will destroy their sacred sites.”

Comment is being sought from Xstrata.

featured:UNPO, Netherlands

Source The Australian

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