Justice Besanko will hand down his ruling this Friday 20th April 2.15pm.

Please come show your support at 2pm outside the Federal Court, 3 Angus Street, Adelaide. For those wanting hear the judgement aim to be inside by 2.10 as it will only take about 5 minutes.

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. Such environmental impacts are not minor details to be worked out later,” said Nectaria Calan of Friends of the Earth Adelaide.

Both BHP Billiton and the South Australian Government have successfully applied to be party to the proceedings.

“Although the challenge relates specifically to the Ministers approval, these parties will now also participate in the proceedings, and therefore influence the final decision of the Judge,” said Ms. Calan. “Uncle Kevin is now up against two tiers of government and a massive multinational mining corporation. It’s a vast imbalance of resources, suggesting concern on the part of BHP and the SA government that the challenge may succeed.”

The community will rally outside the court at 9.30am on both days in support of the legal challenge.

The hearing is currently listed for 10.15 am Court no.7, level 7 on both days however media is advised that these details may change.

Contact:

Applicant: Kevin Buzzacott 0431 157 747

Legal commentary: Nectaria Calan 0432 388 665

A background briefing with further details is available on request.

Media is further advised that both contacts will be unavailable whilst court is in session..

Uncle Kevin Buzzacott, Arabunna elder and honorary president of the Australian Nuclear Free Alliance, is challenging the approval on the grounds that various environmental impacts of the project were not properly considered as required under the Environment Protection and Biodiversity Conservation  Act (see attatched media release).

This is an administrative challenge, so it does not challenge the merits of the project per se. If we succeed 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. Concurrently, we are building a massive direct action at the gates of the mine for July (The Lizards Revenge).

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.

The hearing will take place on the 3^rd and 4^th April in the Federal Court (Adelaide). Two Sydney-based barristers are undertaking the case on a pro-bono basis (ie. they are not charging for their time), in conjunction with the Environmental Defenders Office. However there are various other expenses that need to be covered. These include travel and accommodation for the barristers, Freedom of Information applications, court filing costs, copying transcripts, and courier costs (when large documents need to be quickly shared between Adelaide and Sydney).

We hope to limit costs to $4000, but costs may reach $8000 – $10,000. At this stage we have $740 from a recent benefit gig in Adelaide. We have under two weeks to raise the remainder.

This case belongs to all of us – please make a donation – any amount welcome

Please make donations to:

Account name: Friends of the Earth, Adelaide

BSB: 633-000

Account number: 127 009 231

Please label donation with:  COURT CASE (so we know what the donation is for)