Archive for the ‘Roxby Downs’ Category

« Older Entries

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 BHP wanted to recognise a historical version of the Aboriginal Heritage Act  that was repealed over 20 years ago – they got it.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.

Posted in BHP Billiton, legal, politics, Roxby Downs | Leave a Comment »

Australian Greens have serious questions on Olympic Dam uranium mine exxpansion

November 28, 2011

Greens put forward 100 amendments to gridlock mine’s $525 million, by:Sarah Martin, The Advertiser,   November 09, 2011  Greens MLC Mark Parnell said his minority party was “not going to be cut short and stopped from asking the questions that need to be asked”, …. BHP says the revised Indenture Act needs to pass Parliament before the end of the year to trigger spending on preparatory work for the mine…. the Bill’s passage could be delayed until Parliament resumes in February next year…..

WHAT THE GREENS WANT TO KNOW

  • 1. ROYALITIES

    Why did the Government lock in a royalty regime for 45 years, and why is it based exclusively on old-style production-based royalties, rather than one that captures a fair share of mining profits?

    2. ECONOMIC RETURN

    How good an economic deal did SA receive when BHP CEO Marius Kloppers is claiming to his shareholders that the Olympic Dam Expansion will be low cost and highly profitable?

    3. PROCESSING IN SA RATHER THAN CHINA

    How many South Australian jobs will be lost by not requiring BHP to process our ore here in South Australia rather than exporting it to China?

    4. EXEMPTION FROM SA LAWS

    Why is BHP exempt from over 20 South Australian laws that every other mining company in SA has to comply with?

    5. NO URANIUM OPTION

    Why wasnt a No Uranium Roxby Expansion considered when we know it is not only technically feasible, it would also mean less water and energy use and more jobs as the processing would be done here in SA, rather than in China?

    6. GREAT ARTESIAN BASIN

    Why isn’t there a plan to wean BHP off using 42ML/day of ancient water from the Great Artesian Basin, when they plan double that volume in excess capacity (80ML/day) from their desalination plant?

    7. DESALINATION PLANT & CUTTLEFISH RISK

    Why is the Government prepared to risk the breeding grounds of the Giant Australian Cuttlefish by not requiring the company to build in a different location?

    8. RADIOACTIVE LEAKAGE FROM TAILINGS DAM

    How can the Government claim that they have met their public commitment for the expansion to meet worlds best environmental practice when only 4 per cent of the tailings dams will be lined and the dams are designed to leak up to 8 million litres of toxic radioactive waste liquid/day?

    9. RESPONSIBILITY POST MINE CLOSURE

    Who will ultimately be responsible to manage the open pit, tailings dams and rock waste pile for the 10,000 years after the operations cease that the radioactive risk remains: the company or SA taxpayers, and how much will that management cost?

    10. GREENHOUSE POLLUTION & RENEWABLE ENERGY

    Why isn’t the company committing to any investment in cleaner energy to meet their whopping 650 MW electricity demand beyond the 57MW commitment for powering the desal plant (less than 10 per cent of total demand) to reduce their enormous increase in the states greenhouse pollution of 12-15 per cent?

 

Posted in BHP Billiton, Olympic Dam, politics, Roxby Downs | Leave a Comment »

BHP Billiton’s huge new uranium mine – a poor deal for South Australians

November 28, 2011

Roxby Spin vs Reality as Libs Roll-over:       

1)        EPA not fully independent

2)        No guarantee of extra processing on site
Greens Leader Mark Parnell has accused the Liberals of ducking responsibility over the Roxby approval Bill, as more details emerge that undermine confidence in the deal signed between the Government and BHP Billiton.  “The Liberals claim they could have got a better deal.  Well, they still can,” said Greens Parliamentary Leader Mark Parnell.

“It is not too late for the Parliament of South Australia to insist on a much better deal for our State.  We can and should amend the legislation to ratify the Roxby expansion currently before Parliament.  “To roll over and pass the Roxby Indenture Bill unchanged will miss a once in a generation opportunity to get this right,” he said.

The call comes as more gaps emerge in the Government’s claims over the Roxby expansion.  “The Government claims the EPA will be fully independent.  Yet with this Indenture the EPA will still be operating with one hand tied behind its back,” said Mr Parnell.

“Also the Government has talked up the potential to double processing on site at Roxby Downs to 350,000 tonnes of refined copper.  Yet this is not a condition in the approval and there is nothing to stop BHP Billiton ignoring that commitment in the future and export all the ore from the expansion and jobs to China. “And this is on top of locking in a ridiculously low royalty rate for the next 45 years.

“The closer we look, the more concerned we are at the very poor deal the State Government has signed on behalf of all South Australians,” he said.

Posted in BHP Billiton, Olympic Dam, politics, Roxby Downs | Leave a Comment »

SUBMISSION TO THE SELECT COMMITTEE Re: Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Bill 2011

November 4, 2011

SUBMISSION TO THE SELECT COMMITTEE. NECTARIA CALAN, Friends of the Earth Adelaidc  /- Conservation Council of SA
Level 1, 157 Franklin Street, Adelaide SA 5000 Contact: blackwallaby@gmail.com, 26 October 2011

Re: Roxby Downs (Indenture Ratification) (Amendment of Indenture) Amendment Bill 2011

I ask the Committee to revisit the issue of consultation, in regards to the approval of the Olympic Dam
expansion as set out in Clause 11(3) which ratifies and approves the amendments to the Indenture.

There has not been a genuine process of consultation with either the Kokatha or Arabunna peoples, Native
Title claimants or otherwise, or the wider Australian public, both in regards to the establishment of the
Olympic Dam mine by Western Mining Corporation and the process leading to the recent approval of the
Olympic Dam expansion. (more…)

Posted in BHP Billiton, Olympic Dam, opposition to u-mining, politics, Roxby Downs | Leave a Comment »

Expanded uranium mine at Roxby Downs opposed by Aborigines and conservationists

October 16, 2011

Conservation and Aboriginal groups upset about BHP mine expansion, ABC Rural News, By Kendall Jackson, 11/10/2011  One of the world’s most significant mine expansions is another step closer to construction in South Australia, but there’s still plenty of opposition to it………..the environmental approval has locals fearing the expansion, especially the construction of a desalination plant in upper Spencer Gulf.

Whyalla diver Tony Bramley fears any change in salinity levels in the gulf could be fatal to the giant Australian cuttlefish, which aggregate in the area to breed each year.

“We just don’t know too much about what happens underwater,” he said.
“Even though this area is more studied than anywhere else in the state, we’ve got to the point now where we realise just how much we don’t know.”

A spokesman for the Arabunna people says the environmental approval is a sad day for Aboriginal people in the region.

Aboriginal elder Kevin Buzzacott says the site holds historical significance and the Aboriginal community has been left out of the consultation process.
“We don’t want that big great gaping hole in the desert, we just don’t want it,” he said.

“We never wanted Olympic Dam in the first place because it’s a sacred site and we’re trying to protect our areas.”
The Conservation Council in South Australia is concerned the company hasn’t done enough to reduce its carbon footprint, with the expansion of the Olympic Dam mine.

The council says the project will increase the state’s energy demand by about 40 per cent.
Julia Winefield, from the council, says BHP Billiton has only committed to less than 7 per cent of the expanded mine using renewable energy.

“We think for a company that has recorded $23 billion worth of profits in the last financial year they can probably afford to do a bit better than that,” she said. “We think they have a moral and social responsibility to do a lot better than that.”

Posted in BHP Billiton, Olympic Dam, opposition to u-mining, Roxby Downs | Leave a Comment »

Why swon’t the South Australian government release its ‘Assessment Report” om Olympic dam uranium mine expansion?

October 4, 2011

Release ‘secret’  Roxby report, 22 Sept 11, The Greens have called for the immediate release of a hidden report that captures the views of State Government agencies on the Olympic Dam
Mega-expansion. Called the ‘Assessment Report’, it is a compulsory step in the approval process for a major development.  It summarises the responses by various government agencies to the proponent’s Supplementary Environmental Impact Statement (EIS) and is supposed to be released before the Government announces its approval of a project. However, for recent controversial projects the Rann Government has chosen to only release the Report after they have announced their decision. ”The only reason the Government is choosing not to release the Assessment Report now is to avoid scrutiny,” said SA Greens Parliamentary leader Mark

Parnell.
“The Government is holding back the Report’s release for political reasons - keeping the SA community in the dark. This means that the public doesn’t get a chance to respond.  It also allows the Government to dodge tricky questions as the media and others tend to focus on the approval decision, rather than what Government agencies actually think.

“The Rann Government has form in releasing the Assessment Report only after they announce their decision on a project.  They did it for Buckland Park and they did it for the Port Stanvac desal plant. ”For a project as important as the Olympic Dam expansion, the Government should be giving the SA community more opportunities to be involved in the
final decision, not less.  ”For example, the Assessment Report will be able to tell us what
Government agencies like SARDI really think about the proposed desalination plant at Pt Lowly.

“The Greens call on the State Government to immediately release the Assessment Report, well before they announce their decision on the OlympicDam Expansion.

Posted in BHP Billiton, Olympic Dam, Roxby Downs, secrets and lies | Leave a Comment »

BHP Billiton, uranium mining, and South Australia’s unjust Roxby Downs Indenture Act

September 9, 2011

he Indenture Act trumps all other SA legislation…..Over to you, Mr Rann − repealing the indefensible legal privileges in the current Indenture Act would be a good way to end your tenure as SA Premier.

Above the law: Olympic Dam’s legal privileges, Jim Green and Gavin Mudd, 27 Aug 11 Premier Mike Rann has done us a favour by insisting on concluding negotiations with BHP Billiton over the SA Roxby Downs Indenture Act before leaving office. It is by no means clear that the outcome will be
improved with Mr Rann’s involvement, but he has at least drawn attention to this remarkable legislation.

The Indenture Act governs the operations of the Olympic Dam copper/uranium mine. The legislation was controversial when it was enacted in 1982 and it is all the more inappropriate as the basis for the planned expansion of
the mine.

The Act provides BHP Billiton with the legal authority to override important state legislation including the Aboriginal Heritage Act 1988,
the Environmental Protection Act 1993, the Freedom of Information Act
1991, the Natural Resources Act 2004 (including water management issues),
the Development Act 1993 and the Mining Act 1971. (more…)

Posted in BHP Billiton, politics, Roxby Downs | Leave a Comment »

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

Posted in BHP Billiton, legal, Roxby Downs | Leave a Comment »

Despite its multi $billion profits, BHP Billiton pays not a cent for its massive water use in Australia

September 9, 2011

BHP Billiton: Billions in profits and not paying a cent for water in SA, Friends of the Earth Adelaide, 24th AUGUST 2011 Today mining giant BHP Billiton announced record financial results for the 2011 financial year, recording a total net profit of US$23. 95 billion, nearly double its 2010 figure of US$13.01 billion.

Despite its profits more than tripling in the last three years, BHP has never paid a cent for the vast amounts of water used by the Olympic Dam copper and uranium mine near Roxby Downs. The mine currently uses approximately 35 million litres of water a day from the Great Artesian Basin. Under the Roxby Downs Indenture Act BHP is not required to pay for this water usage.

The Indenture Act applies specifically to the Olympic Dam mine, and provides for wide-ranging legal exemptions and overrides from environmental and Aboriginal heritage protection laws that apply elsewhere in the state, including the Environmental Protection Act and the Natural Resources Act (which incorporates water management issues).

“The Indenture Act means that the Olympic Dam mine is not subject to the same environmental regulatory framework as other industrial projects in the state,’ explained Nectaria Calan of Friends of the Earth Adelaide. “Additionally, by allowing BHP to take water from the Great Artesian Basin for free, the South Australian government is essentially providing BHP with a massive subsidy,” she continued.

The water intake from the Great Artesian Basin has already had adverse impacts on the unique Mound Springs found near Lake Eyre, which are fed by the underlying Artesian Basin, and are sacred to the Arabunna people, the traditional owners of the area.

As part of the proposed expansion of the Olympic Dam mine, BHP Billiton proposes to increase its water consumption by an additional 200 million litres per day. Water intake from the Great Artesian Basin will increase to up to 42 million litres per day, with the remainder to come from a proposed desalination plant at Point Lowly. This amounts to over 100,000 litres of water per minute.

 “The vast water usage of uranium mines is often forgotten in the debate about uranium and nuclear energy. Here we are, in the driest state on the driest continent on earth, host to a mine which needs millions of litres of water each day. Due to the Indenture Act, we are essentially exporting our water overseas for free,” said Ms. Calan.

The Indenture Act is currently the subject of negotiations between BHP Billiton and the South Australian government. In the near future amendments will be introduced into parliament to extend the Indenture Act to the proposed expansion.

“The South Australian government is planning to allow the largest uranium mine in the world to go ahead with legal privileges that will allow BHP an impunity characteristic of some third world states,” said Ms. Calan. “The Indenture Act should be repealed completely, allowing BHP to be subject to the same laws as other corporations operating in the state.”

Posted in BHP Billiton, Olympic Dam, Roxby Downs, water | Leave a Comment »

South Australia’s Premier and BHP BIlliton to fast track approval for giant uranium mine

August 14, 2011

Just 10 weeks to seal Dam deal, Adelaide Now Sarah Martin  August 09, 2011  ”…..The insistence of the Premier to stay until the new indenture act is signed off has prompted concern from the Opposition and minor parties that the “whip hand” has been handed to BHP Billiton.

The company yesterday remained tight-lipped on the dealings for the legislation required for the $30 billion expansion

http://www.adelaidenow.com.au/ipad/just-10-weeks-to-seal-dam-deal/story-fn6bqvxz-1226111312201

BHP Billiton is earmarking nearly $10 billion of a planned $80 billion capital-spending spree over the next five years to expand iron ore and coal mining in Australia but has yet to allocate funding for Olympic Dam…..

Our focus continues to be to… finalise indenture negotiations,” BHP Billiton spokeswoman Kelly Quirke said. The indenture negotiations refer to proposed amendments to legislation in the Roxby Downs township where the mine is located to allow expansion work to commence

BHP Olympic Dam expansion linked to outgoing politician  SYDNEY Aug 8 (Reuters) – An Australian politician who has played a key role in developing BHP Billiton’s Olympic Dam copper and uranium mine and is now under pressure to step down has vowed to stay on until Oct. 20 to finalise an expansion of the mine, suggesting talks may be nearing an end.

The expansion, which analysts predict could cost $20 billion or more, has been under assessment for its environmental impact by various levels of government with no clear approval date.

“I will be stepping down as premier on October 20,” South Australia state Premier Mike Rann said in a statement.

Separately, Rann told reporters he wanted to finalize several projects in the state but that negotiations relating to the expansion of Olympic Dam remained paramount.

There was now a “ticking clock” over those negotiations, he said,…

BHP Billiton is earmarking nearly $10 billion of a planned $80 billion capital-spending spree over the next five years to expand iron ore and coal mining in Australia but has yet to allocate funding for Olympic Dam…..

Our focus continues to be to follow the process set down by the Commonwealth, South Australian and Northern Territory governments to progress environment approvals for the Olympic Dam project and finalise indenture negotiations,” BHP Billiton spokeswoman Kelly Quirke said.

The indenture negotiations refer to proposed amendments to legislation in the Roxby Downs township where the mine is located to allow expansion work to commence…

Posted in BHP Billiton, Olympic Dam, politics, Roxby Downs | Leave a Comment »

« Older Entries
Follow

Get every new post delivered to your Inbox.