Federal Resources Minister Madeleine King told NT Mining minister to reject Energy Resources of Australia’s application over Jabiluka
Confidential documents show the Commonwealth did not believe Rio Tinto would back a fight against Territory Traditional Owners who are pushing to expand Kakadu National Park.
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Confidential government documents have revealed the steps taken by the Commonwealth to tip the scales amid a radioactive battle for control of land in the heart of Kakadu National Park.
New documents released by the Federal Court on Friday show federal Resources Minister Madeleine King told the Territory Government to reject a mineral licence over Jabiluka, land considered sacred by the Mirarr Traditional Owners and a potential windfall to a uranium mining giant.
For decades, the Mirarr people have opposed any moves by Energy Resources of Australia to mine Jabiluka, a mineral licence cut out of the World Heritage Protected national park which sits over an estimated 137,100 tonnes of uranium oxide.
The Rio Tinto subsidiary has alleged the company was denied procedural fairness and natural justice when its application to add 10 more years to the expiring 42-year mineral licence was knocked back in July.
ERA has alleged the Commonwealth and NT governments gave “excessive and impermissible weight” to the desires to extend Kakadu National Park, and the views of the Mirarr Traditional Owners and the Northern Land Council.
In August, the Federal Court issued an interim order to temporarily stay the NT Government’s decision.
Newly released internal communications between Minister King‘s office have shown it was her call to knock back ERA’s application.
In May, Ms King wrote in a letter to Mirarr Traditional Owners while the lease was a matter for the NT’s then-Mining Minister Mark Monaghan, he was required to “act on and give effect” to her advice as the Federal minister.
“This is due to my role as the Minister administering the Atomic Energy Act 1953 and limitations on the executive powers of the NT Government under the Northern Territory Self Government Act,” she wrote.
Ms King told the Mirarr she would still “follow procedural fairness principles” and would consult with all parties before giving her advice to Mr Monaghan.
Two months later, and following meetings with ERA leaders, Ms King told Mr Monaghan to refuse the lease on July 25.
A confidential memo sent to Ms King showed her advisors advocated for the lease rejection, adding they thought it was “doubtful Rio Tinto would fund ERA’s challenge due to public backlash”.
The urgent memo said the Prime Minister’s office, Environment Minister Tanya Plibersek, then-Indigenous Australians Minister Linda Burney and Territory politicians Malarndirri McCarthy and Luke Gosling “all would like the mineral lease to end so Jabiluka can be incorporated into Kakadu National Park”.
While Lingiari representative Marion Scrymgour advocated for the decision to be made after the NT election “to avoid political attacks and to investigate the ramifications for Ranger (mine) rehabilitation”, she said she would “support any decision that’s made”.
On July 26 — just 11 days before the licence was due to expire — the NT Government announced it would not approved ERA’s application.
Texts between government staffers show ERA requested Ms King’s statement of reasons behind her advice, and some debate as to whether they were required to hand over the documents.
ERA alleged Ms King’s office declined to provide them.
It said in the “the absence of any reasons” from the Commonwealth raised questions over whether “she gave reasonable or lawful consideration, or any consideration, to the application”.
ERA has alleged Ms King’s advice to the Territory gave “excessive and impermissible weight” to the desire to expand the World Heritage Protected site, and was therefore “unreasonable”.
The matter will return to the Federal Court on October 28 for a four day hearing.
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Originally published as Federal Resources Minister Madeleine King told NT Mining minister to reject Energy Resources of Australia’s application over Jabiluka
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