Muckaty traditional owners not consulted about nuclear waste plan, – legal case begins
Nuclear dump court battle begins, SMH, Farah Farouque June 26, 2012 “……While much has been made of the environmental implications of building a nuclear waste facility at Muckaty, less understood is that the takeover ”heralds a significant unwinding of Aboriginal land rights”, according to Sydney lawyer George Newhouse.
”The Commonwealth’s preparedness to accept and act upon a deeply flawed and contested nomination at Muckaty, a home to at least seven Aboriginal family groups, represents a retrograde move in the history of indigenous land rights.”
Maurice Blackburn solicitor Elizabeth O’Shea says a nuclear dump in plain terms ”will mean the traditional people cannot access the land again”. The two lawyers are among a high-octane legal team who have donated their time to advance the cause of the elders. The barristers involved include Melbourne QCs Ron Merkel and Julian Burnside.
A leading issue in the Federal Court challenge, defended by the federal government and Northern Land Council, is that key traditional owners will testify they were never consulted while others say that they were not properly consulted and never consented to the nomination.,,,,,” http://www.smh.com.au/national/nuclear-dump-court-battle-begins-20120625-20ylj.html#ixzz1yyh9D5bG
Aboriginal elder’s legal battle to stop giant uranium mine
Elder continues fight against SA mine 9 News, 19 June 12, Aboriginal elder Kevin Buzzacott is pushing ahead with his bid to block the giant expansion of the Olympic Dam copper, uranium and gold mine in South Australia after an initial court decision went against him.
The Federal Court ruled in April that the commonwealth had properly taken into account the long-term impact of the mine, rejecting Mr Buzzacott’s argument that federal Environment Minister Tony Burke had not given enough consideration to the risks posed by storage of radioactive tailings at the site in SA’s north.
Mr Buzzacott has appealed against the court’s decision and a hearing has been scheduled for Thursday. Grounds for the appeal include an argument that Justice Anthony Besanko was mistaken in ruling that the minister did not need to consider existing conditions imposed by the state government on water extraction for the mine from the Great Artesian Basin.
The Arabunna elder also argues the approval was uncertain because so much of the project was left to be defined by studies and plans that were yet to be completed.
Mr Buzzacott said he was hoping for a “better result this time round”. “We hope that the three judges that will hear the appeal will seriously reconsider Justice Besanko’s interpretation of our argument,” he said in a statement……
Conservation Council and Aboriginal Elder lodge appeals against Wiluna uranium mine
Appeals lodged against first WA uranium mine SMH, Courtney Trenwith June 7, 2012 – Several appeals against the environmental approval for WA’s first uranium mine have been official lodged.
In a landmark decision , the state’s independent Environmental Protection Authority last month approved mining company Toro’s $280 million project to mine uranium near Wiluna in the South-West. ….However last night, the Conservation Council of WA lodged an appeal claiming the EPA’s decision contained numerous “critical deficiencies”.
Aboriginal elder and Wiluna resident Glen Cooke also lodged a separate challenge.
The appeals will be heard by an appeal convenor and considered by the Minister for Environment Bill Marmion, in line with the EPA decision. The state government is yet to make a final decision on the project.
CCWA director Piers Verstegen claimed the EPA had failed to properly assess the proposal before approving it. “Importantly, the state government has made commitments to ‘world’s best practice’ regulation of uranium mining in WA, but their own independent report has found that the current system fails that test,” CCWA director Piers Verstegen said.
“We do not believe that the EPA assessment adequately deals with critical environmental risks including the management of radioactive mine tailings, contamination of groundwater and the transport of radioactive material through WA communities.” CCWA also claims there was a denial of procedural fairness and the EPA failured to comply with their own procedures during the assessment process.
“West Australians rely on the EPA to prevent environmental harm, yet they have recommended approval for mining and transporting one of the most dangerous materials known to exist by a junior minerals exploration company that has never successfully mined anything and have not completed all necessary environmental management plans,” Mr Verstegen said….: http://www.watoday.com.au/wa-news/appeals-lodged-against-first-wa-uranium-mine-20120607-1zxzz.html#ixzz1xFFVXxMn
High Court rules for Aboriginal land rights, against South Australian govt
In December, the South Australian Supreme Court found Ms Portolesi had denied landowners “procedural fairness” by ignoring for seven months a request for authority over land at Lake Torrens in the state’s mid-north. On the same day she responded to their request, she approved a mining company’s application to disturb a site of significance.
SA Labor’s land rights appeal rejected BY: SARAH MARTIN From: The Australian May 12, 2012 THE High Court has thrown out an appeal by the South Australian Labor government against Aboriginal landowners, deeming it not to be in the public interest. Continue reading
South Australian government backing miners, bankrupting Aboriginals with legal costs
State seeks day in High Court over land rights, BY:SARAH MARTIN, SA POLITICAL REPORTER The Australian May 11, TRADITIONAL owners have warned that a government High Court challenge over land rights in South Australia’s mid-north could send them bankrupt.
In the High Court today, the South Australian Labor government will appeal to have a finding against it overturned. Lawyers will seek costs of up to $300,000 from the Adnyamathantha Traditional Lands Association.
The South Australian Supreme Court ruled in December that former Aboriginal affairs minister Grace Portolesi had “deprived the traditional owners of the opportunity to protect and preserve their heritage” by failing to respond to a request for authority over their land at Lake Torrens, about 345km north of Adelaide.
The court found the government ignored the request from traditional owners for control over the land for about seven months.
However, on the same day Ms Portolesi responded to their request expressing “concerns” over the application, she approved the destruction of significant cultural sites on the land by a mining company, Straits Exploration.
Lands association chairman Vince Coulthard said he was surprised the government was attempting to overturn the ruling and impose costs on the group.
“It could potentially bankrupt us, but maybe that is what the state government wants,” he said.
“I feel it is a mean attack on us, given this whole thing could have been avoided.”
The court found Ms Portolesi had denied traditional owners “procedural fairness” by authorising drilling at the Lake Torrens site while failing to respond to a request for a delegation of ministerial powers to the traditional owners.
Under the Aboriginal Heritage Act – which the government is now reviewing – the minister must transfer authority to traditional owners if requested……..
The High Court will consider today whether it will accept the state’s application for a hearing. http://www.theaustralian.com.au/national-affairs/indigenous/state-seeks-day-in-high-court-over-land-rights/story-fn9hm1pm-1226352471154
Multi $billion company BHP and Australian Government out to punish Aboriginal elder who dared to oppose uranium mine
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.
Australia’s Environment Protection and Biodiversity Conservation Act is not much use
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.
A sad day for Aborigines, as BHP wins court case, and will seek costs from Aboriginal elder.
Elder loses court fight over outback mining plan, ABC News, April 20, 2012 The Federal Court has dismissed an application by an Aboriginal elder to overturn a proposed expansion of the Olympic Dam uranium and copper
mine in outback South Australia. Kevin Buzzacott challenged the Federal Government’s approval for the
expansion, which was granted last year.
He argued environmental risks from the planned expansion of underground mining to an open pit operation had not been properly considered. But Justice Anthony Besanko dismissed the application.
Mine owner BHP Billiton is seeking court costs from Mr Buzzacott. Outside court, he said he was disappointed with the result. “We were expecting something like that to happen,” he said. “I guess it’s another sad day for the people of South Australia and especially my people as well.”….. The mining company’s board is due to make a final decision later in the year on whether to proceed with the expansion.
BHP spokesman Kym Winter-Dewhirst says the company was always confident the court would rule in its favour. ….
http://www.abc.net.au/news/2012-04-20/federal-court-elder-challenge-bhp-mine-expansion/3963312
Australian company Lynas suing Malaysian news portal for defamation
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 Continue reading
The Maralinga atomic tests veterans – further law cases to come
Nuclear test locations in the Pacific and Australia are similar to fall out ‘ exclusion zones’ at Chernobyl , Fukushima and other nuclear reactor accident locations , the truth of the science indicates this and if that is anti – nuclear there isn’t much we can do about it . At nuclear test locations the servicemen deliberately had no protective clothing or respirators, the scientists controlling and monitoring the experiments however did .Inside the exclusion zones around crippled reactors of nuclear accidents such as Fukushima all those working there are fully protected with respirators etc and rightly so .
Our guess is the Government will continue to use legal delaying tactics to prevent the truth of the science of causation being fully debated in an open court
A Message from the Nuclear Veterans, Paul Langley’s Nuclear History Blog, Dennis Hayden, 5 April 12, THE DUST HAS SETTLED FOLLOWING THE SUPREME COURT DECISION THE UK CASE IS STILL ON GOING & UK MINISTERS’ JOY WILL BE SHORT LIVED “…… the Government and nuclear industry will do everything in their power to keep the UK Atomic Veterans Claimants case from a full court hearing on causation . Continue reading
Australia’s Environment Minister approved huge uranium mine before environment assessment plans even prepared
Aboriginal elder Kevin Buzzacott challenges decision to expand Olympic Dam Adelaide Now AAP April 03, 2012 WASTE from the expanded Olympic Dam mine will remain radioactive for hundreds of thousands of years and
the risks weren’t properly considered by the Federal Government, the Federal Court has heard.
Aboriginal elder Kevin Buzzacott is challenging the government’s approval of the uranium and copper project in South Australia, which is destined to become the world’s largest open cut mine.
He argues the approval by Environment Minister Tony Burke last year was too uncertain because much of the environmental assessment has been left up to plans and studies that are yet to be prepared or considered. Continue reading
2500 U.S. marines in Darwin could be immune from Australian criminal laws
Lawyer Diana Rickard from Basewatch said she had concerns over the Status of Forces Agreement 
between Australia and the United States, which sets out the legal terms under which the US forces operate while in Australia.
She said the agreement could allow Americans to escape punishment for crimes committed in the course of their duties….
Critics cautious as US marines head to NT, 9 News, 3 April 12, Critics of the US troop build-up in Darwin remain cautious about the move, despite a recent meeting with a senior military official. As many as 250 US Marines are due to arrive in Darwin late on Tuesday, the first of a build-up that will see 2500 American troops in the city by 2017. The troop influx comes after a defence agreement announced by Barack Obama when he visited Darwin in November last year. Continue reading
One Aboriginal elder may hamper the plans of uranium giant BHP Billiton
LEGAL CHALLENGE OF FEDERAL ENVIRONMENT MINISTERS APPROVAL OF THE OLYMPIC DAM EXPANSION, Nectaria Calan, 31 March 12, Uncle Kevin Buzzacott, Arabunna elder and honorary president of the Australian Nuclear Free Alliance, is challenging the Federal Environment Minister’s approval of the Olympic Dam Expansion, on the grounds that various environmental impacts of the project were not properly considered. The case will be heard on the 3rd and 4th of April in the Federal Court, Adelaide.
This is an administrative challenge. If Uncle Kevin succeeds, the Minister will be forced to re-consider the approval and show that the contested environmental impacts have been properly considered. This may delay the project, and is well-timed in that the BHP Board of Directors are currently considering whether to proceed with the project.
BHP Billiton and the South Australian government have successfully applied to become parties to the proceedings. This means that they will be throwing their weight behind the Federal Environment Minister.
Aboriginal landowners in court – their case against Muckaty nuclear waste dump will continue
news today from the federal court in Melbourne re the Muckaty legal case – Dave Sweeney, 28 March 12
The judge did not accept moves by the Commonwealth and Northern Land Council (NLC) to have the Traditional Owners case struck out.
A wide range of previously secret documentation – including the nomination deed and key anthropological advice and evidence – will now become public and a trial date will be set sometime in the future.
A move by the NLC/Commonwealth to have proceedings re-located to Darwin was also rejected and proceedings will continue in Melbourne:
Queensland’s Land Court’s decision for Xstrata – a devastating blow for the environment
Green group attacks Xstrata mine nod Yahoo Finance By Annie Guest and Sam Burgess | ABC –28 March 12 The Australian Conservation Foundation (ACF) has criticised the Land Court over its ruling on the Wandoan mining project in the Surat Basin on southern Queensland’s Western Downs.
Yesterday, the state’s Land Court gave the final go-ahead for the Xstrata mining company to develop Australia’s biggest open-cut coal mine near Wandoan, north-west of Toowoomba.
The Land Court recommended the Queensland Government approve the project and new Liberal National Party (LNP) Premier Campbell Newman says he is excited at the prospect.
Lobby group Friends of the Earth and seven local landholders had tried to halt the project on environmental grounds and say they are devastated with the court’s decision. Farmers say the development will consume prime food-production land and destroy lifestyles….. Continue reading
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