Archive for the ‘legal’ Category

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Goliath and David – BHP and Australian govt will punish Aboriginal elder for opposing uranium mine expansion

May 6, 2012
DEMOCRACY AT A PRICE: DECISION BY BHP BILLITON AND FEDERAL GOVERNMENT TO SEEK COSTS FROM ARABUNNA ELDER PUNITIVE AND VINDICTIVE,   1st May 2012 The Australian Nuclear Free Alliance (ANFA) is deeply concerned by the decision of BHP Billiton and the Federal Government to seek costs from Arabunna elder uncle Kevin Buzzacott arising from his challenge of the Federal approval of the Olympic Dam expansion.

“ANFA members fully support Uncle Kevin and admire his stand for country. We know that history will be the fairest judge of this struggle. BHP and the minister who approved the expansion of Olympic Dam will be forever linked to the toxic legacy of this mine, for thousands of years to come,” said Larrakia woman Donna Jackson, co-chair of ANFA.

“The court decided that Kevin Buzzacott had standing to pursue this challenge, as is his right under both the Environment Protection and Biodiversity Act and the Administrative Decisions (Judicial Review) Act,” said ANFA Committe member Nectaria Calan. “Where does this leave the right to judicial review of such projects if those who seek such a review are then punished with costs?”

Dean Della Vale, president of BHP’s Uranium Customer Sector Group which is responsible for the Olympic Dam project, is a founding member of the Australian Uranium Associations Indigenous Dialogue Group, established to facilitate dialogue with traditional owners.

“BHP  pursuing costs undermines any claims by the Indigenous Dialogue Group that they are seeking to engage with aboriginal communities in good faith. Aboriginal communities do not have the right to say no to mining on their land, and here we have an elder using one of the few legal options available to them to ensure that at least the impacts of the project were properly considered, and they may be facing a massive bill for doing so,” said Ms Calan.

“The message BHP are sending is that there are repercussions for taking on the mining giant. Last financial year the company recorded a total net profit of US$23. 95 billion – they certainly don’t need the money,” Ms Calan concluded.

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Aboriginal elder loses case against Australian government: Environment Protection and Biodiversity Act ineffective?

April 28, 2012

MINING GIANT SEEKS COSTS FROM ARABUNNA ELDER AFTER RULING ON CHALLENGE TO FEDERAL APPROVAL OF THE OLYMPIC DAM EXPANSION 20 April 12, In a packed courtroom today Justice Besanko dismissed Uncle Kevin Buzzacott’s challenge of the Federal approval of the Olympic Dam expansion. The judge did not discuss his reasons in the court.

Both BHP and the Federal government are seeking costs from Kevin Buzzacott. The hearing was held in the Federal Court on the 3rd and 4th April, after which the Judge reserved his judgement. Both BHP Billiton and the South Australian government had successfully sought to become parties to the proceedings.

“The speed with which this decision was made suggests pressure to resolve the matter as quickly as possible so as not to impact the project,” said Nectaria Calan of Friends of the Earth Adelaide.

“The judgement is really a product of the constrained nature of such administrative challenges. It really rests on interpretation of two pieces of legislation which govern the Ministers approval. The merits of the project were never on the table for discussion.”

“If such an approval with so many future plans yet to be approved constitutes a proper approval under the Environment Protection and Biodiversity Act, how can such an open-ended  project be judicially reviewed?” said Ms Calan. “The question we are left with is whether the EPBC Act protects the environment,” Ms Calan continued.

“This is a very sad day,” said applicant Kevin Buzzacott. “We offered the judge the issue on a platter, and he wasted an opportunity to make changes that will reverberate in this nation for thousands of years.”

“But we’re not going away. This isn’t over yet,” Mr Buzzacott concluded. Both Kevin Buzzacott and Nectaria Calan will be available for comment on the details of the ruling early next week once the lengthy judgement has been considered.

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Lynas rare earths company suing news agencies

April 28, 2012

Local regulators Atomic Energy Licensing Board (AELB) had said in January it would approve a TOL subject to added conditions including identifying a suitable long-term waste disposal site.

Lynas had said last month that identifying this site “is a work in progress.” It also said prior to AELB’s decision that a permanent depository facility (PDF) will only be needed in a “worst-case scenario” where it is unable to reprocess the waste into a commercial product. 

Lynas sues news portal, protest groups for defamation, The Malaysian Insider, By Anisah Shukry April 20, 2012 KUALA LUMPUR, — Lynas Corp has filed a defamation suit against online news portal Free Malaysia Today for “false and misleading statements” in a recently published article.
The Australian mining group is also suing Save Malaysia, Stop Lynas’s (SMSL) directors and committee members over an open letter published on the group’s web site…..

Lynas has faced fierce protests from Kuantan residents and opposition politicians who say that the RM2.5 billion rare-earth refinery in nearby Gebeng will cause radiation pollution despite the Sydney-based firm insisting it has met and
exceeded local and international safety standards. (more…)

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“Goliath” BHP Billiton challenged by “David – Aboriginal elder Kevin Buzzacott

February 26, 2012

‘Tiny voice’ of elder takes on Olympic Dam BY: SARAH MARTIN, SA POLITICAL REPORTER  The Australian February 22, 2012   BHP Billiton’s proposed $20 billion Olympic Dam mine expansion, to create the world’s largest open-cut mine, will be challenged in the Federal Court after an application was lodged by Aboriginal elder Kevin Buzzacott.

Mr Buzzacott, who is known as Uncle Kevin, is being represented by the Adelaide-based Environmental Defenders Office. The office claims the mine expansion has been approved unlawfully under the Environment Protection and Biodiversity Conservation Act by federal Environment Minister Tony Burke.

Among the claims are that much of the environmental assessment and decision-making was based on plans and studies that have not yet been prepared and that the minister did not properly consider impacts from the above-ground storage of radioactive tailings waste, the export of uranium and on groundwater resources, including the Great Artesian Basin.

Mr Buzzacott, an elder from Arabunna land in South Australia’s remote north, is known for his anti-uranium campaigning, and in 2007 was awarded an Australian Conservation Foundation award recognising his protest work. The EDO filed an application on his behalf in the Federal Court yesterday, saying his “tiny voice” was prepared to take on the giant……
http://www.theaustralian.com.au/national-affairs/state-politics/tiny-voice-of-elder-takes-on-olympic-dam/story-e6frgczx-1226277611443

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Cotter uranium – process for terminating its radioactive materials license

February 24, 2012

The majority of the documents being reviewed currently concern characterization of the soil and groundwater contamination on site and cleanup criteria.

Cotter documents under review, Company in process to terminate radioactive materials license, Canon City Daily Record, By RACHEL ALEXANDER    02/10/2012  A public meeting was held Thursday with the Colorado Department of Public Health and Environment and Cotter Corp. to discuss three upcoming department decisions.

The documents currently under review by CDPHE, the Environmental Protection agency and the public are the New Evaporation Pond
Conceptual Design; the Onsite Soil Excavation and Groundwater Characterization Process Plan; and the Soil Remediation Criteria Selection.

This is the first round of documents that are being developed by Cotter as part of the process to terminate its radioactive materials
license and the deletion of the site from the Superfund list.
Approximately 50 people attended the meeting…..
Residents attending the meeting expressed concerns about the process
and order of documents being reviewed and activities on the site.

“We just don’t want decisions made before we have a chance to
comment,” Sharyn Cunningham, of Colorado Citizens Against ToxicWaste,
said.

“I think the thing that I have been concerned about as I have watched
this is, we would like to see the decommissioning process done
correctly,” Jeri Fry said.

The majority of the documents being reviewed currently concern
characterization of the soil and groundwater contamination on site and
cleanup criteria. The document about the new evaporation pond
discusses the proposal from Cotter for the pond which will allow the
primary impoundment to be dewatered and closed. The proposal would
place the pond on top of the secondary impoundment, which was recently
closed.

The public comment period on the documents continues through Feb. 17.

The documents are available for review at the Royal Gorge Regional
Museum and History Center, 612 Royal Gorge Blvd., 10 a.m. to 4 p.m.
Wednesday through Saturday. Documents also are available
atcdphe.state.co.us/hm/cotter/index.htm.

Written comments can be sent to: Steve Tarlton, Radiation Program
Manager; Hazardous Materials and Waste Management Division; Colorado
Department of Public Health and Environment; 4300 Cherry Creek Drive
South; Denver, CO 80246; or email steve.tarlton@state.co.us.
http://www.canoncitydailyrecord.com/ci_19932818?source=most_viewed

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South Australian government effectively snubs Aboriginals over legal requirements

January 29, 2012

The Government, however, remains silent on its responsibility in implementing the requirements of the Aboriginal Heritage Act, 

“The traditional owners”.. are not even named in this news release.

The traditional owner group, known as the Yura Language Consultative Group, is disappointed the Minister for Aboriginal Affairs has failed to investigate its requests for a ministerial determination over the Beverley Four Mile and Mt Gee area as being culturally significant and intimately connected, despite a legal obligation to do so under the SA Aboriginal Heritage Act.

Marsh: Cultural significance snubbed, The Advertiser, by:Jillian Marsh  December 14, 2011 http://www.adelaidenow.com.au/news/opinion/marsh-cultural-significance-snubbed/story-e6freai3-1226221235838 THE news release entitled “Arkaroola to be protected forever” by the SA Government’s pledging a commitment of “unprecedented protection” is welcome news. This protection, on the basis of a comprehensive three-step process, is particularly welcome for traditional owners – members of the Adnyamathanha community.

This announcement follows the persistent public outcry over the past few years over exploration leases being granted in the Arkaroola Wilderness Sanctuary and, in particular, Mt Gee. Despite a shift in state political agencies towards a more sympathetic view of conservation concerns, all political parties remain hesitant in acknowledging the cultural significance of this region for the traditional owners. (more…)

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South Australian Parliament makes BHP Billiton above the law, with Roxby Downs Indenture Act

January 2, 2012

29/11/2011 The Roxby Downs Indenture Bill today passed the South Australian Upper House. It has now passed both houses of Parliament, enshrining in law an agreement that over-rides some 21 South Australian laws, including state legislation covering radiation protection.

“Since the negotiation of the Indenture Agreement, it has been clear that the parliamentary process would simply be a rubber stamp. For example, in the Parliamentary Select Committee hearing, the opposition had the chance to question BHP for an hour, and the nature of their investigations were along the lines of concerns for the caravans that may be inconvenienced if a road was closed, never mind the tailings dams that are designed to leak,” said Nectaria Calan from Friends of the Earth Adelaide.

“Neither Labor not Liberal have shown any inclination to critically scrutinise the implications of the project, with the government bending over backwards to accommodate the mining giant. BHP wanted to recognise a historical version of the Aboriginal Heritage Act  that was repealed over 20 years ago – they got it. They wanted a mining lease that spans 70 years, despite the fact that their Environmental Impact Statement only covers 40 years – they got it. They wanted the right to be granted the expanded mining lease, covering nearly 50, 000 ha as freehold, free of charge – they got it. They wanted royalties capped for 45 years – they got it,” said Ms. Calan.

The scope of the Indenture Agreement extends far beyond the 40 years covered in the Environmental Impact Statement.

“It’s a strange state of affairs to have an Environmental Impact Statement that only covers 40 years, a mining lease granted for 70 years, and an indenture agreement that creates the right for future mining leases that will not expire until the last of the extended mining leases have expired. The intention appears to be to avoid any further Parliamentary scrutiny at all cost,” continued Ms. Calan.

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Moratorium on permits for uranium exploring and mining in Colorado

November 28, 2011

in the rush to develop this infamous resource (again), there was a rare moment of rationality two weeks ago when a federal judge ordered DOE officials to halt permits for exploring and mining in Colorado. U.S. District Judge William Martinez said the agency “acted arbitrarily and capriciously in failing to analyze site-specific impacts” on the people and places in the path of the mining boom. He said the DOE violated environmental laws, including the Endangered Species Act, by failing to consult U.S. Fish and Wildlife Service scientists about the potential impacts of the extractions.

In the rush for uranium, cooler heads prevail — for now High Country News, By Heather Hansen, Red Lodge Clearing House, 4 Nov 11 Greens got what seemed like a rare bit of good news when the Bureau of Land Management (BLM) last week released their Final Environmental Impact Statement (EIS) for the Northern Arizona Proposed Withdrawal. The report looks at the potential impacts of removing federal lands near the Grand Canyon from mining consideration for the next two decades.

The BLM proposes four alternatives ranging from no protection of the acreage in question to a moratorium on new mining claims on various portions of it. Ultimately, it favors the one that removes about one million acres from going under the drill bit. The moratorium is an extension of a two-year time-out put in place in 2009, which had reversed a Bush II-era policy encouraging a uranium boom and drawing foreign interests to the West. (more…)

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BHP Billiton above the law in South Australia

September 9, 2011

exemptions from the Environmental Protection Act (1993) are of particular concern. The exclusion of this Act means that the Olympic Dam mine is not subject to the same environmental regulatory framework as other industrial projects in South Australia, and the Environmental Protection Authority (EPA), which administers the Act, is excluded from its monitoring role. BHP’s environmental performance is instead the responsibility of the Minister for Mineral Resources Development, who, based on BHP’s own reports, has full discretion to approve or reject programmes for the management and rehabilitation of the environment, without any obligation to consult with other agencies. Given the Ministers role in promoting mining in SA, this arguably amounts to a conflict of interest.

Re: ROXBY DOWNS INDENTURE ACT

Dear

The Roxby Downs Indenture Act is currently the subject of negotiations between the SA Government and BHB Billiton, owner of the Olympic Dam copper/uranium mine. We expect that in the near future amendments will beintroduced into parliament extending the operation of the Act to the proposed Olympic Dam expansion.

Friends of the Earth is concerned that indefensible legal privileges in the Indenture Act will be retained in the context of the proposed mine expansion, including exemptions and overrides from the SA Aboriginal Heritage Act1988, the Environmental Protection Act 1993, the Freedom of Information Act 1991, and the Natural Resources Act 2004.

There has as yet been no indication from the SA Government or BHP Billiton that it accepts that these legal exemptions are indefensible and must be repealed. Nor has there been an acknowledgement from the SA Government that the Indenture Act undermines the binding Labor Party commitment to apply the “strictest environmental standards” to uranium mining.

In this regard, exemptions from the Environmental Protection Act (1993) are of particular concern. The exclusion of this Act means that the Olympic Dam mine is not subject to the same environmental regulatory framework as other industrial projects in South Australia, and the Environmental Protection Authority (EPA), which administers the Act, is excluded from its monitoring role. BHP’s environmental performance is instead the responsibility of the Minister for Mineral Resources Development, who, based on BHP’s own reports, has full discretion to approve or reject programmes for the management and rehabilitation of the environment, without any obligation to consult with other agencies. Given the Ministers role in promoting mining in SA, this arguably amounts to a conflict of interest.

Uranium mines pose the greatest environmental risk of all industrial projects, in that where environmental harm occurs, the effects may last tens of thousands of years. This consideration, accompanied by the scale of theproposed expansion, which has the potential for much greater environmental risk than the existing operation, makes legal accountability even more important. Noting the Legislative Council’s concern regarding the waste management practices of the proposed expansion, recorded in the motion passed on the 29th July 2011

 

“[calling] on the State Government to ensure that all waste management practices for the proposed Olympic Dam Expansion, including the management of surplus ore and tailings, meet or exceed world’s best practice,” I refer you to chapter 12 of the Draft and Supplementary Environmental Impact Statements for the expansion. Sections 12.4.2 and 12.6.2 of the Draft EIS in particular acknowledge that seepage from the Tailings Storage Facility will affect groundwater quality. Notably, the groundwater is predicted to contain elevated levels of Uranium (p. 366 Draft EIS, p. 283 Supplementary EIS), further highlighting the importance of independent environmental monitoring and a rigorous environmental regulatory framework. Rather than burying the tailings in the pit after the mines closure, BHP propose to allow them to continue seeping into the aquifer, acknowledging that the impactmay last up to 10,000 years.

Friends of the Earth asks you to use your voice as an SA Parliamentarian to ensure that the legal exemptions and overrides contained in the Roxby Downs Indenture Act are repealed, and that they are not extended to apply to the proposed expansion, allowing BHP Billiton to be subject to the same laws as other corporations operating in SA.

A summary of the problems with the Indenture Act is overleaf along with references to more detailed literature.

I would be pleased to discuss these issues with you or to provide further information.

Yours sincerely,

 

Nectaria Calan

Anti-nuclear campaigner

Friends of the Earth Adelaide

0432 388 665

blackwallaby@gmail.com

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Tanzania: government faces legal action over uranium mining

September 9, 2011
LHRC’s warning over uranium  
The Citizen, , 15 August 2011 23:13
By Bernard Lugongo, The Citizen Reporter, Dar es Salaam. The Legal and Human Rights Centre (LHRC) is planning to take the government to court should it go ahead with uranium mining projects in Bahi and Manyoni districts in Dodoma and regions respectively.

The LHRC cautioned yesterday that it was against the projects because they would lead to serious health and environmental impacts on the people living in the area…….

LHRC also asked the government to learn from other nations, such as Niger, that have already experienced negative effects of uranium mining…..thecitizen.co.tz/news/4-national-news/13781-lhrcs-warning-over-uranium.html

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