Friends of the Earth Adelaide

MEDIA RELEASE FRIDAY 20^TH 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 3^rd and 4^th 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

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..

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

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)

Sustainable Communities South Australia presents

Sustainability: What it can mean for people in communities

7:30 pm, Wednesday April 18th 2012
Burnside Community Centre Hall, Corner Portrush and Greenhill Roads.

Speaker: Professor Peter Newman, Professor of Sustainability, Curtin University and Director of Curtin Sustainability Policy Institute. Professor Newman is recognised internationally as one of the world’s leaders in sustainability.

Entry is free and a gold coin donation would be appreciated.

For more information contact Ray Mylius, rmylius@chariot.net.au, tel. 8363 2295

October 27, 2011

Anti-nuclear activists erected a 7 metre tall radioactive waste barrel opposite Parliament House this morning to coincide with the first hearing of the Parliamentary Select Committee on the amended Roxby Downs Indenture Bill, which was introduced into both houses of Parliament last week.

“Today’s hearing will only hear presentations from BHP Billiton, the Olympic Dam Taskforce, and the Chamber of Mines and Energy,” said Nectaria Calan of Friends of the Earth Adelaide.

“It is unclear at this stage if other stakeholders and members of the public who have requested to be heard in person will be included in this process. This raises concerns that the Select Committee will simply rubber stamp the Bill after only hearing from parties with vested interests in supporting the expansion and the associated Indenture Agreement.”

“The committee has an opportunity to use its powers to investigate the social, environmental and cultural impacts of the Indenture Bill. It has an obligation to look further than representatives of the mining industry,” continued Ms. Calan.

For further comment please contact:
Nectaria Calan: 0432 388 665
Riley Ashton: 0421 593 902

photo by Emma Sterling-cuttlefishcountry.com

An activists’ discussion with John Seed
7.00-9.00pm, Thursday 27th October

Box Factory Community Centre,
59 Regent St. South, Adelaide

John’s presentation ‘Deep Ecology and the Conservation of Nature’ will be followed by discussion around ways that Deep Ecology can strengthen environmental campaigns.

The action will take place café style. Please bring a plate and/or bottle to share.

Gold coins donations for Rainforest Repair and Youth Outreach

RSVP to margrich@senet.com.au by 5.00pm Tuesday 25th October, please.

To coincide with mining giant BHP Billiton’s Annual General Meeting (AGM) in London this year, we are calling for all opposed to the Olympic Dam expansion to rally outside BHP’s Adelaide office on October 20^th.

This rally is part of a series of events in Adelaide, Melbourne and London, planned to coincide with BHP’s London AGM on October 20^th, and its Melbourne AGM on November 17^th. The events aim to highlight BHP Billiton’s dismal social and environmental record, both in Australia and around the world.

On the 10th October, 2011, the Federal and South Australian Governments approved the Olympic Dam expansion. This will make Olympic Dam the largest open-pit uranium mine in the world. As is common practice, conditions are attatched to both approvals.

They can be accessed at:

http://www.governmentgazette.sa.gov.au/2011/october/2011_069.pdf

http://www.environment.gov.au/epbc/notices/assessments/2005/2270/2005-2270-approval-decision.pdf

Join us and stand in solidarity with the people of Fukushima, with the Arabunna and Kokatha traditional owners who have opposed the mine since its inception, with the communities around the world affected by BHP’s operations, and with future generations, who will be forced to deal with the mess.

PUBLIC FORUM           October 9^th 3pm

OLYMPIC DAMNATION: IMPACTS OF URANIUM MINING FROM ROXBY TO FUKUSHIMA

Box factory Community Centre

59 Regent Street South, Adelaide

The forum will include individual 20 minute presentations, followed by a causal Q & A.

Presentations:

Welcome to Kaurna Country

Messages from Traditional Owners

David Noonan – energy demand, climate change and the global uranium cycle

Gavin Mudd – water extraction and tailings

Jochen Kaempf – impacts of the desalination plant on the Giant Australian Cuttlefish

Mark Parnell – Roxby Downs Indenture Act and Marine Parks Legislation

Food will be available after the forum