Federal Court hearing on Muckaty station legal challenge
“It is alleged that the Northern Land Council engaged in misconduct and breach of fiduciary duty because of the way they nominated the Muckaty site.”
26 March 12, Lawyers representing Traditional Owners in the Northern Territory will appear in the Federal Court in Melbourne tomorrow (Tuesday 27th March) to continue their legal challenge to the proposed nuclear waste dump at Muckaty Station. Continue reading
Another nuclear worker takes legal action over victimisation by ANSTO
Third nuclear worker in bullying claim BY: LEIGH DAYTON, The Australian March 22, 2012 AUSTRALIA’S troubled nuclear facility is facing legal action brought by a former employee who was suspended then fired after raising health and safety concerns over the mishandling of radioactive materials.
David Reid, a former technician and staff-elected health and safety officer, is seeking compensation for harm he claims he suffered after raising concerns about contamination incidents in the radioisotope production facility between 2007 and 2008.
“I believe I was unfairly treated and victimised after raising safety issues,” Mr Reid told The Australian. “After working there for 30 years, the chances of getting another comparable job are unlikely at
my age.”…
Mr Reid’s solicitor confirmed the matter was proceeding for the 58-year-old, who was suspended in June 2008 and dismissed in June last year. A statement of claim was lodged last week, seeking compensation for loss of income and damages including offence, humiliation, anxiety, depression, dislocation to life and reputational
injury……. http://www.theaustralian.com.au/news/health-science/third-nuclear-worker-in-bullying-claim/story-e6frg8y6-1226306643982
Federal Court challenge to Olympic Dam approval
Environmental Defenders Office (SA) Inc, 22 March 12, Mr Kevin Buzzacott has filed an application in the Federal Court challenging the Commonwealth Environment Minister’s approval of the Olympic Dam expansion. He is represented by the Environmental Defender’s Office (SA) Inc (EDO) in those proceedings.
Mr Buzzacott (known as Uncle Kevin) is an Aboriginal Elder of the Arabunna Nation in Northern South Australia, who is concerned about the impacts of the mine on the environment. The EDO is a community legal centre that specialises in public interest environmental law. Continue reading
Unfair court ruling against atomic test veterans
VIDEO , http://www.abc.net.au/news/2012-03-15/maralinga-nuclear-veterans-shocked-by-27cruel27-court-verdict/3892344 Maralinga veterans shocked by ‘cruel’ ruling, ABC News, March 16, 2012 Veterans of the Maralinga nuclear tests in South Australia in the 1950s and ’60s have suffered a major setback in their bid to sue the British government.
The British supreme court has ruled that 1,000 British veterans involved with the tests are unable to file for compensation from the
UK ministry of defence because too much time has passed since the tests. A group of 320 Australian veterans had hoped to file their own class action based on the result. A Sydney solicitor handling the case, Michael Giles, says his firm
will explore their options. “I don’t see it as completely crippling the claim, but our options have been severely limited and we will have to look at it and just take it from there,” he said.
Mr Giles says the British experience might be a setback but it does not change that what happened to veterans was wrong.
“The fact that the government asks you to do this and then you became sick because your government asked you to do that but then your government rejects it and in fact has made laws that’s made it incredibly difficult for you to pursue that is unfair,” he said.
“The amount of money which has been spent by the British government just defending this case through three courts would have gone a long way to compensating British, Australian, New Zealand and Fijian veterans.”
Former RAAF member Avon Hudson says he feels used and abused by the UK court decision. Mr Hudson says he has overcome cancer but is still sick from the nuclear testing. “There is a higher incidence of cancers among the nuclear veterans, something like 40 per cent higher than the normal population that never went to the bomb tests,” he said. “I think that tells anyone with half a brain that we were affected more than the ordinary population.” Mr Hudson says he is shocked by the decision. “My immediate thoughts is that they are callous, disrespectful, cruel and hard-hearted towards the nuclear veterans,” he said.
Legal case goes ahead to stop nuclear waste dump at Muckaty on Aboriginal land
New Federal Laws on nuclear waste have no impact on Muckaty legal challenge, Amanda Tattam, 13 March 12, Maurice Blackburn lawyers say the passage of the National Radioactive Waste Management Bill today will not affect the Federal court challenge over the nuclear waste dump at Muckaty near Tennant Creek.
In 2007, the National Land Council nominated Muckaty as a proposed site for the deposit of radioactive materials under the Commonwealth Radioactive Waste Management Act 2005. The new Act repeals the old act, but provides for nominations under the old act to continue.
Elizabeth O’Shea, lawyer for a number of traditional owners representing five different groups with an interest in Muckaty said:
“The legal case continues regardless of the passage of this legislation. This law does not dilute the resolve of Traditional Owners who are opposed to the Muckaty nuclear dump. They did not give consent and were not sufficiently consulted over the nomination of their land for Australia’s first radioactive waste dump.They want to keep the land safe for their communities, their children and future generations.
Traditional Owner and Applicant in the proceedings, Lorna Fejo said: “it’s our land and we are going to continue fighting for it. It’s my heritage and no one has the right to take that away from us. I am still opposed to the dump in spite of this bill passing.”
Legal proceedings against the Federal Government and the Northern Land Council (NLC) were started in June 2010 and a mediation held last year failed to reach agreement over the land. The case goes back to the Federal Court for a two-day hearing on procedural matters at the end of the month. Ron Merkel QC is appearing for the traditional owners.
“There are allegations that the NLC engaged in misconduct and breach of fiduciary duty by their actions in nominating the Muckaty site. These are important claims to have resolved in court before any further assessment of the Muckaty site goes ahead,” said Ms O’Shea.
“The National Radioactive Waste Management Act offers some minimal procedural fairness provisions which must be followed in the process of declaring the site of the dump. It also preserves the only nomination currently on foot – Muckaty – and does not remedy the alleged substantial flaws in that nomination which are the subject of the Federal Court challenge. The challenge will go ahead and the Minister for Resources and Energy Martin Ferguson has maintained that he will respect the outcome of the Federal Court case.” Maurice Blackburn is conducting this matter on a pro bono basis through its social justice practice. www.mauriceblackburn.com.au/news/press-releases–announcements/2010/indigenous-owners-launch-federal-legal-challenge-over-australia%E2%80%99s-first-nuclear-waste-dump.aspx
Amidst Malysia’s court proceedings about Lynas, the corporation’s website was hacked
Australian miner hacked, WA Today, Rania Spooner February 27, 2012 In a show of opposition to a near-complete rare
earths processing plant in Malaysia, the website of Australian miner Lynas Corporation has been hacked. WAtoday.com.au understands the miner’s website was brought down on Sunday as reports emerged of more than 5000 protestors converging on
the seaside city of Kuantan, near the site of the controversial facility.
The Lynas website was still down at 7.30pm (EST) Monday, with a message from the company advising: “We are currently experiencing some technical difficulties at the moment. We apologise for any inconvenience caused.”
A hacker, using the name “4z1” and claiming to be a Malaysian citizen, has taken credit for bringing the site down in a statement on a personal blog.
In a rough translation of 4z1’s statement from Chinese into English, internal Malaysian race issues and fear of radiation from the plant was the explanation for the hacking….
A group of Kuantan residents have launched court proceedings against Malaysia’s Atomic Energy Licensing Board, the Malaysian Department of Environment and Lynas Malaysia over the plant, the company reported on Thursday. The group has sought a review of the plant’s temporary operating license granted by the AELB early this month and a halt to the commencement of operations, due in the coming weeks, while such a review is undertaken….
The plant would be used to process concentrate from the Mount Weld deposit in Western Australia’s Goldfields region, believed to be the largest of its kind in the world. The company previously announced plans to transport the concentrate from Mount Weld to Malaysia via road and sea. http://www.watoday.com.au/wa-news/australian-miner-hacked-20120227-1tyn0.html#ixzz1o5i4ZS2d
Australian rare earths company Lynas – the Ugly Australian in court?
Lynas itself had admitted it had no prepared any such permanent waste storage facility
I cannot understand why Malaysia is prepared to tolerate the potential hazards to occur here from a plant which will give no substantial benefit of Malaysia because of the pioneer status granted to Lynas for 10 years
Lynas Corp failed to meet any of the conditions in its first proposals, according to the regulator.
Anti-Lynas groups are planning a mammoth rally in Kuantan on February 26 to pressure Putrajaya to terminate the project.
A year on, anti-Lynas campaign goes to court http://www.themalaysianinsider.com/malaysia/article/a-year-on-anti-lynas-campaign-goes-to-court The Malaysian Insider By Debra Chong , February 17, 2012 KUALA LUMPUR, — A nationwide campaign to stop Lynas heads into the courtroom with damaging allegations against the Australian rare earths producer and Malaysia’s regulators.
The court filing also accuses Lynas of economic imperialism and points out that until today it does not have a plan to permanently dispose of its waste, some which contain potentially harmful levels of radiation. Continue reading
South Australia’s Supreme Court rules in favour of Aboriginal landowners
Mining exploration on indigenous land blocked , WA News. com.yu 15 Jan 12,AN exploration venture in South Australia’s north has been blocked by a court ruling in favour of the land’s traditional owners. Argonaut Resources and its joint venture partners, Straits Resources Ltd, were planning to start drilling for copper, gold and iron-oxide in parts of Lake Torrens and Andamooka Island.
The companies had been given ministerial approval to access the area, which is part of the traditional lands of the the Kokatha Wati and Adnyamathantha people.
But the South Australian Supreme Court has overturned that approval, ruling that the traditional owners were denied procedural fairness in not being properly consulted.
The court also found problems with the nature of the approval, ruling that Straits did not actually hold any exploration rights but that they were held by another company……
South Australia’s Aboriginal Heritage Act requires TRUE consultation with Traditional Owners
the chair of the Andyamathanha Traditional Land Association, Vince Coulthard, says the aim of the Supreme Court challenge was not to block mining, but to challenge Government process.
He says Aboriginal Affairs Minister Grace Portolesi is legally required to consult with Traditional Owners before making a decision on exploration. But Mr Coulthard- who received the Premier’s NAIDOC award last year for work in his community- says that process never occurred
Aboriginal leader hits back at mining claim ABC News, 16 Jan 12, An Aboriginal leader in South Australia’s far north has rejected claims by explorer Argonaut Resources that the state’s Aboriginal Heritage Act is anti-mining.
In 2010, the Government granted Argonaut a licence to explore 6300 hectares of land near Lake Torrens in a joint venture with Straits Resources. Traditional Owners appealed against that decision, taking their case
to the South Australian Supreme Court. Their appeal was upheld, prompting Argonaut to claim the Act gives too
much power to Traditional Owners to veto mining……. Continue reading
Court upholds Jabbir Jabbir people and the Goolarabooloo people against W.A. govt’s land grab attempt
Court quashes Kimberley gas hub land grab ABC News, December 06, 2011 Western Australia’s Supreme Court has ruled invalid the State Government’s move to compulsorily acquire land for a gas hub in the Kimberley. Chief Justice Wayne Martin ruled three notices of intention to acquire the land at James Price Point were invalid because they did not contain a description of the land. However his declaration does not prevent the Lands Minister from issuing further notices of intent to take land in the area. The claimant’s lawyers say the ruling means the land deal struck between the government and the Kimberley Land Council is now invalid, putting the future of the Browse gas project in doubt.
The action was brought by traditional land owners the Jabbir Jabbir people and the Goolarabooloo people. Michael Orlov, lawyer for the Goolarabooloo people, told reporters outside court that Lands Minister Brendon Grylls will need to commence the process again…..”We’re not going to be pushed around by the WA Government. We’re there to show that we can do it, so can every Indigenous person in Western Australia.”…http://www.abc.net.au/news/2011-12-06/court-quashes-kimberley-gas-hub-land-grab/3715390?section=wa
Lawyers press for revealing secrets of Maralinga’s baby deaths after nuclear bomb testing
the medical records of those 23 stillborn babies remain sealed and held by the National Archives of Australia.
Now, as British lawyers search for others to join the class action against the British Ministry of Defence, they will also push for the secrets of the Woomera baby graves to be revealed.
Secrecy surrounding the disturbing rate of baby deaths and research suggesting fallout from tests blanketed the town despite being more than 600km from the Maralinga testing sites, warrants those families investigating claims as part of the class act
The Children’s Graveyard at Woomera South Australia. Paul Langley’s Nuclear History Blog, 1 Dec 11 What was known and when?. SECRET records detailing the fate of dozens of babies born in the shadow of Maralinga’s nuclear testing hold the key to a case building as the state’s largest class action. More than 100 South Australians have joined a class action against the British Ministry of Defence over deaths and disabilities they believe were caused by nuclear testing at Maralinga more than 50 years ago.
Among them are families of the Woomera babies – more than 60 lives lost, many without explanation, during the decade of nuclear testing, up to 600km away. Lawyers running the case say it is “just the tip of the iceberg”. They have heard only from people who are “very confident” they have a case for compensation. Already, families of some of the stillborn children, hours-old babies and toddlers who account for more than half the plots in Woomera Cemetery for the 1950s and 1960s, have come forward….. Continue reading
Australia to break international law in selling uranium to India
Ms Gillard not only failed to inform Foreign Minister Kevin Rudd of her nuclear trade ambitions, but she also failed to consult government lawyers.
Uranium for India deal ‘may be illegal’, Canberra Times, BY CHRIS JOHNSON, CHIEF POLITICAL CORRESPONDENT, 29 Nov, 2011 Australia will be in breach of international law if it sells uranium to India without the nuclear-armed nation first opening up its atomic facilities for independent inspection.
Leading international law expert Don Rothwell, from the Australian National University, has provided that legal opinion to the Campaign to Abolish Nuclear Weapons. The non-governmental organisation will issue the formal legal advice today. In it, Professor Rothwell insists that the South Pacific Nuclear Free Zone Treaty, also known as the Treaty of Rarotonga, prohibits Australia from selling uranium to countries that have not accepted full safeguards outlined in the Non- Proliferation Treaty. Continue reading
The legal facts on who owns the minerals under your land
Why miners have a right to what’s under your land, Beef Central, By Samantha Hepburn Associate Professor, School of Law at Deakin University18 Nov 2011 All over Australia, landowners are fighting to keep mining companies off their property.
From the Darling Downs to the Liverpool Plains, farmers have been locking out coal seam gas extraction companies. In Victoria, exploratory licences have been granted to the Queensland based mining company, Mantle Mining Pty Ltd, to investigate private land situated in and around the rural Victorian areas of Bacchus Marsh, Darley, Myrniong and Ballan.
Landowners are worried about the effects that exploratory drilling may have upon their the land as well as the possibility that an open cut coal mine may be developed.
Who owns the minerals under your land? Continue reading
Marathon uranium miner to sue South Australian government
Mining company Marathon Resources sues over Arkaroola ban, Courier Mail, Greg Kelton, From:AdelaideNow, November 12, 2011 MINING company Marathon Resources will sue the South Australian State Government over its plan to ban mining at Arkaroola in the Flinders Ranges.
The Government’s proposed ban, one of Mike Rann’s final acts as Premier, directly affected a Marathon mining lease which had been granted by the Government. Legal proceedings were issued in the Supreme Court yesterday by Kelly & Co on behalf of Marathon….. Marathon was carrying $15.8 million of exploration expenditure relating to its Mt Gee tenement in its December accounts and the Government’s decision would require the company to write off these expenses – destroying all but $500,000 of Marathon’s residual equity in one blow. While the State Government may not have a legal obligation to compensate Marathon for its expenditure, it is likely to offer an “egratia” payment for political purposes. http://www.couriermail.com.au/news/national/marathon-resources-sues-south-australia-government-over-arkaroola-mining-ban/story-e6freooo-1226193147653
Northern Territory’s new mining law might put the brakes on uranium push
New Territory mining legislation comes into force, ABC News, By Tom Nightingale, November 07, 2011 The mining industry says exploration companies will be the most affected by new Northern Territory legislation that takes effect today.
The Minerals Titles Act aims to increase transparency about the environmental impacts of mining, by increasing obligations about what needs to be reported.The Minerals Council says it agrees with the changes in principle, but is mindful of the potential for excessive red tape….http://www.abc.net.au/news/2011-11-07/20111107-mininig-legislation/3650374
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