High Court rejects Glencore McArthur River Mine’s dredge dump plan
Traditional Owners living in the ‘shadow’ of one the world’s largest lead mines have won a major High Court battle.
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Native Title owners living in the ‘shadow’ of one of the world’s largest lead mines have won a major High Court battle, ensuring consultation over mine infrastructure developments.
The High Court on Wednesday unanimously agreed a McArthur River Mine dredging site on the Gulf of Carpentaria was covered by provisions under the Native Title Act.
The five-member decision ruled Native Title holders had the right to oppose the development of a new dredge spoil dumping site near Bing Bong port, overturning the mine’s approvals.
Glencore, the owner of McArthur River Mine, told the court that in order to maintain bulk-carrier access to the shallow Gulf of Carpentaria, a navigation channel had to be regularly dredged.
McArthur River Mine told the court that after 15 years of use its old dredge spoil emplacement area (DSEA) was full, so in 2013 it sought approval for a new site.
In 2019 the NT Mines Department approved a new mineral lease on pastoral land, leased by Glencore.
The lead mine may have owned the pastoral lease, but for Senior Traditional Owner David Harvey the potential dumping site was his Mother’s Country.
For five years Mr Harvey has led the fight alongside Thomas Simon against the McArthur River Mine development, which he argued violated his people’s Native Title rights to the land.
“That’s my mother’s country, I’ve been trying to get this recognised for over 30 years,” Mr Harvey said.
On Wednesday, High Court agreed while the company had a “right to mine” — which supersedes Native Title — the dredging dumping site was not a mine.
It found the DSEA was an “infrastructure facility … associated with mining”.
It concluded the Bing Bong loading facility dumping site — which was 120km away from the mine — was too “remote” from mining activity and could not be regarded as “necessary for the meaningful exercise of the right to mine”.
This overturned a previous Federal Court hearing ruling over, which argued there was an exhaustive list of qualifying facilities under the definition of an “infrastructure facility”, which the DSEA did not fall under.
The High Court found granting McArthur River Mine mineral lease would constitute the creation of a right to mine for the sole purpose of constructing an infrastructure facility associated with mining.
It ordered the orders from the Minister for Primary Industry and Resources should be “restrained” until the mineral lease application completed the procedures under the Native Title Act.
Gumbaynggirr Jagun Aboriginal Corporation director Asman Rory said the mine had been “the backdrop to my life”.
“For thirty years, all of our families have lived in the shadow of the world’s largest zinc and silver mine. It feels like we don’t exist,” the Garawa and Gudanji man said.
“Native title passed us by — until today. Now we want to change this story.”
Glencore has vowed to consult with Gudanji, Yanyuwa and Yanyuwa-Mara Traditional Owners and the Northern Land Council.
McArthur River Mine general manager Mark Furlotte said talks with key stakeholders would continue.
“Glencore acknowledges and respects the decision of the High Court in relation to our McArthur River Mine and the Bing Bong loading facility in the Northern Territory,” Mr Furlotte said.
“McArthur River Mine continues to be engaged in discussions with the Traditional Owners and with the Northern Land Council in relation to the land which is the subject of the decision of the High Court and other matters.”
The Northern Land Council said the High Court Judgement closed a loop hole which allowed mining companies to go through a procedure without Native Tile Holder consultation.
“The NLC hopes that this decision will prompt the mining company to reconsider its approach to applying for new tenure,” chief executive Joe Martin-Jard said.
“We want to see the company engage proactively and in good faith with the native title holders … to obtain the free prior and informed consent before further disturbing their Native Title.”
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