LEGAL CHALLENGE OF FEDERAL APPROVAL OF THE OLYMPIC DAM EXPANSION CONTINUES

June 9, 2012

21ST JUNE 2012 FEDERAL COURT ADELAIDE

On the 20th April 2012 Justice Besanko dismissed Uncle Kevin Buzzacotts’ case challenging the Federal Environment Ministers approval of the Olympic Dam expansion. Uncle Kevin is appealing the decision on the following grounds:

1. The judge was mistaken in ruling that the Minister did not need to consider existing conditions imposed by the state of South Australia on water extraction from the Great Artesian Basin. These conditions refer to the Indenture Act, which contains provisions allowing BHP to search for water and seek further water licences beyond the current licence limit of 42 million litres per day.

2. The judge was mistaken in holding that the approval was sufficiently certain with regard to the EPBC Act (the Act under which the approval was made). The judge focused on the certainty of the conditions, finding that the Minister had a wide power to impose a broad range of conditions, and that the conditions made it reasonably clear to BHP what it was required to do; however the argument was that the whole of the approval is uncertain because so much of the design of the project is left to be defined by studies and plans set out in the conditions which are yet to be done.

Please come to court and show your support on the 21st June at 9am outside the courthouse. The hearing is listed for 9.30 am, court 1, level 5, Federal Court, Angus St. Adelaide.

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Mining Giant seeks costs From Arabunna Elder after ruling on challenge to Federal Approval Of The Olympic Dam expansion

April 20, 2012

MEDIA RELEASE FRIDAY 20TH APRIL 20212

In a packed courtroom today Justice Besanko dismissed Uncle Kevin Buzzacott’s challenge of the Federal approval of the Olympic Dam expansion. The judge did not discuss his reasons in the court.

Both BHP and the Federal government are seeking costs from Kevin Buzzacott.

The hearing was held in the Federal Court on the 3rd and 4th April, after which the Judge reserved his judgement. Both BHP Billiton and the South Australian government had successfully sought to become parties to the proceedings.

“The speed with which this decision was made suggests pressure to resolve the matter as quickly as possible so as not to impact the project,” said Nectaria Calan of Friends of the Earth Adelaide.

“The judgement is really a product of the constrained nature of such administrative challenges. It really rests on interpretation of two pieces of legislation which govern the Ministers approval. The merits of the project were never on the table for discussion.”

“If such an approval with so many future plans yet to be approved constitutes a proper approval under the Environment Protection and Biodiversity Act, how can such an open-ended  project be judicially reviewed?” said Ms Calan.

“The question we are left with is whether the EPBC Act protects the environment,” Ms Calan continued.

“This is a very sad day,” said applicant Kevin Buzzacott. “We offered the judge the issue on a platter, and he wasted an opportunity to make changes that will reverberate in this nation for thousands of years.”

“But we’re not going away. This isn’t over yet,” Mr Buzzacott concluded.

Both Kevin Buzzacott and Nectaria Calan will be available for comment on the details of the ruling early next week once the lengthy judgement has been considered.

Contact: Kevin Buzzacott  0431 157 747

Nectaria Calan  0432 388 665

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OLYMPIC DAM APPROVAL CHALLENGED IN FEDERAL COURT THIS WEEK

April 3, 2012

MEDIA RELEASE
Monday 2nd April

David and Goliath: Kevin Buzzacott v Federal Environment Minister, SA Government and BHP Billiton

Uncle Kevin Buzzacott, Aboriginal Elder of the Arabunna Nation in Northern South Australia, is challenging the Federal Environment Ministers approval of the Olympic Dam expansion on the grounds that various environmental impacts of the project were not properly considered. He is represented by the Environmental Defenders Office, a community legal centre specialising in public interest litigation. The case will be heard on the 3rd and 4th of April in the Federal Court, Adelaide.

In October last year, the Hon Tony Burke MP approved the project under the Environment Protection and Biodiversity Conservation (EPBC) Act 1999.

Mr. Buzzacott is challenging the Minister’s approval on the following grounds:

1. The approval is so uncertain that it does not constitute a proper approval under the EPBC Act. This is because much of the environmental assessment and decision-making is left up to plans and studies that have not yet been prepared or considered by the Minister or the public.

2. The Minister did not properly consider the impact of the Olympic Dam expansion on the environment. In particular, the impacts from the above ground storage of radioactive tailings waste.

3. The Minister failed to consider the environmental impacts associated with the export of uranium.

4. The Minister failed to properly consider the impacts of the expansion on groundwater resources including the Great Artesian Basin.

“Because this is a nuclear action, the Minister is required by the EPBC Act to properly consider all environmental impacts. The size of this project makes this particularly important. Just the tailings dams will end up covering 4,400 hectares, to be left on the surface of the land forever. These dams are designed to leak radioactive waste into the underlying rock and aquifer.… Read more >>

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Farming the City

March 28, 2012

FARMING THE CITY

An exploration into building sustainable food production in Adelaide with visionary farmer Michael Ableman

BEYOND ORGANIC: FILM SCREENING AND DISCUSSION WITH MICHAEL ABLEMAN

The award-winning ‘Beyond Organic: The Vision of Fairview Gardens’ tells the story of an urban farm in the middle of some of the most expensive real estate in the US. Managed by Michael Ableman for 20 years, this 12-acre organic farm has become a model of sustainable food production and community involvement. Free entry.

7.00-9.00pm, Tuesday 17 April 2012

Woodville Town Hall, 74 Woodville Road, Woodville

URBAN AGRICULTURE: A WORKSHOP ON GROWING FOR MARKET AND COMMUNITY

Drawing on his experiences as both a rural and urban farmer, Michael Ableman will lead a free, full-day workshop and discussion on the challenges, myths, strategies, structures, and methods for creating vibrant food production enterprises in and around our cities.

9.00am-5.00pm, Wednesday 18 April 2012

Henley Town Hall, 378 Seaview Road, Henley Beach

This event now has only a few seats remaining. To book your place, please email adelaide.office@foe.org.au, with a contact number, and indicate whether you’d like to pay for a catered lunch and snacks ($20).

MICHAEL ABLEMAN is a farmer, author, and photographer. He is the founder and executive director emeritus of The Center for Urban Agriculture at Fairview Gardens, one of the oldest and most diverse organic farms in southern California. Ableman is currently directing SOLEfood, an urban agriculture enterprise established in Vancouver, British Columbia, to provide employment to individuals experiencing poverty and addiction. He is the author and photographer of numerous books. He lives and farms at the historic 120 acre Foxglove Farm, where he also directs the Center For Arts, Ecology, and Agriculture.

Presented by Friends of the Earth Adelaide, the City of Charles Sturt, Slow Food Adelaide & Barossa, the Permaculture Association of SA, Grange Organic & Sustainable Market and Transition Adelaide West

FoE, Food, Green Cities, Sustainability

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