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file photo of former Howard government Minister for Environment Ian Campbell. (AAP Image) |
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Campbell cleared over McArthur expansion
Issue 156 - 26 Jun 2008
Darwin
NORTHERN TERRITORY
ISSUE 156, June 26, 2008: The Federal Court last week dismissed legal action against a former Howard government minister over the controversial expansion of the Northern Territory's largest zinc mine.
Aboriginal people from Borroloola claimed the Commonwealth should not have approved an application by Swiss mining company Xstrata to divert the McArthur River, near the Gulf of Carpentaria, by 5.5km.
The $110 million development is part of a project by Xstrata subsidiary McArthur River Mining (MRM) to extend the mine's life by turning it from underground to open cut.
In 2006, then Environment Minister Senator Ian Campbell signed off on the project.
But traditional owners argued he failed to follow proper process under the Environmental Protection and Biodiversity Conservation (EPBC) Act.
They also alleged he did not have the necessary information before him when he made the decision, such as how the mine would affect freshwater sawfish populations and migratory birds.
In the Federal Court in Darwin earlier this month, Justice John Mansfield dismissed the application of the Yanyuwa people on four grounds, ruling that Senator Campbell had considered "a valid assessment report".
"As the a of the applicants failed to show that the minister's decision is invalid, the application is dismissed," Justice Mansfield said in his summary.
It is not the first time elders from the region have taken legal proceedings over the expansion of the mine.
The NT Supreme Court ruled in favour of the landowners in a separate court case against the NT government last year after it found the NT Mines Minister had used an invalid process to approve the mine's expansion.
But the territory government passed legislation to ensure the project's survival.
Outside the court, distraught landowners hugged each other and vowed to continue the fight.
"There's no people, there's no future for us, that's it," said senior traditional owner Jacob Lansen.
"You've killed us ... can't say anymore."
Mr Lansen said locals would walk back onto the mining site, as they did last month, to stop work in protest.
"We've got to prove to you mob that we've lost everything, we've got nothing but it won't stop us from fighting.
"Our dreaming, they've gone and cut it in half and it's really hurting us."
His brother Harry Lansen said the mine had destroyed "my people's dreaming and sacred sites".
"When they made this mine, they broke up a sacred site, marking the turtle dreaming of my people," he said.
"There is a ceremony ground there, a very important meeting place alongside the river.
"Already for this diversion, they have dug up burial areas.
"They have dug up the remains of my people. What are they doing with these bones?
"It makes me sad inside. I carry the law for those places. I am responsible to guard them."
Northern Land Council chief executive Kim Hill said the Yanyuwa people wanted to meet with federal Environment Minister Peter Garrett and were considering their legal options.
He said the landowners were "disillusioned by the legal and political process".
"They won this matter in the Northern Territory Supreme Court in April last year - only to have their rights trampled on by the NT government's overriding legislation," he said.
Mr Hill said there had been a "lack of due process and transparency" by MRM and Senator Campbell.
Mr Hill called on the federal government to conduct its own environmental assessment and urged MRM to halt work on the diversion.
"We also demand that MRM pay just compensation to the traditional owners for the damage caused to date," he said. - AAP
 
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