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
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
1 This month.
20 September –National Day of Action in Melbourne on the International Day of Peace
Help Aunty Sue Protect Her Land and Sacred Sites From Destructive Rocket Testing.
.
Australians deserve the truth
about
AUKUS – https://aukuspublicinquiry.com/
PETITION – To: Prime Minister Anthony Albanese and the Australian Labor Government
of the week – Australians for War Powers Reform (AWPR)
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