Antinuclear

BHP Billiton’s uranium mining is above the law

Olympic Dam expansion: above the law? On Line Opinion  By Peter Burdon 9 October 2009 In the heart of the South Australian outback, rests the Olympic Dam mine, owned and operated by BHP Billiton. The project currently mines iron oxide, copper, gold, silver and uranium and is seeking to extend its operations with the largest open pit operation in the world. Concerns raised by environmental groups relate to carbon pollution, water use, indigenous land rights, the location of the proposed desalination plant and broader concerns relating to democracy and the rule of law. This article will address this last point and in particular the Roxby Downs (Indenture Ratification) Act 1982 (Indenture Act) which operates in the lease area.

The Indenture Act

More than 20 years ago, the SA government enacted the Roxby Downs (Indenture Ratification) Act 1982 (Indenture Act). In a single document the government legislated that some 1.5 million hectares in central SA, including the Roxby Downs uranium mine and surrounding areas, would be exempt from some of our most important environmental and Indigenous rights legislation. The act provides BHP Billiton the legal authority to override the:

• Aboriginal Heritage Act 1988;
• Development Act 1993;
• Environmental Protection Act 1993;
• Freedom of Information Act 1991;
• Mining Act 1971; and
• Natural Resources Act 2004 (including the Water Resources Act 1997).

Olympic Dam expansion: above the law? – On Line Opinion – 9/10/2009

October 10, 2009 - Posted by Christina Macpherson | 1, legal, politics, South Australia, uranium | aboriginal, antinuclear, Australia, BHP, BHP Billiton, nuclear, radioactive, South Australia, uranium