Mining
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Uranium exploration
activity on Aboriginal owned West Arnhem Land has increased dramatically
in recent years. In early 1995 there were only 4 granted exploration
licences in the whole of Arnhem Land. Six years and almost two
terms of the Howard Government later, there are 20 granted licences
in and around the uranium field in West Arnhem Land alone.
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Map showing the status of Exploration Licences in Arnhemland Northern
Territory Australia
Click on map to enlarge
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As the map above demonstrates,
there are only small pockets of West Arnhem Land that are not subject
to an exploration licence of one form or another. The area under
current veto, whereby traditional owners have told the mining companies
to go away, continues to shrink.
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Aboriginal and Environmental
Concerns
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Unfortunately, the Land
Rights Act is formulated in a way that makes it difficult for traditional
owners to continue to say no, especially in the absence of other
viable economic opportunities. Companies can reapply for licences
every five years, and since traditional owners are legally required
to consider any new exploration proposal within a year, the negotiations
process, including meetings and general corporate humbug, begins
once again. And to make the situation even more disempowering for
Aboriginal people, a 1987 amendment to the Land Rights Act stipulated
that consent to exploration automatically inferred consent to mining
development.
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ECNT is concerned that
insufficient information on the environmental implications of uranium
exploration and mining may be getting through to traditional owners.
At the 2nd Top End Indigenous Rangers Conference for Indigenous Land
Management held at Wuyagiba Outstation in South East Arnhem Land
last August, Aboriginal people voiced concern about pollution of
water courses, poisoning of the land, air and bushtucker, and damage
to sacred sites, communities and health from mining generally. They
then called for more help to understand what mining involves and
the risks associated with it (Land Rights News, December 2000). At
present companies are not legally required to state the type of mineral
they are looking for. Uranium is therefore not singled out despite
its dangerous radioactive nature.
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Exploration Activities
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A typical uranium exploration
program will consist of a number of the following activities: airborne
geo-magnetic surveys to identify potential uranium-bearing anomalies;
geochemical sampling of exposed rocks along grid lines; stream sediment
surveys; costeaning (digging a large pit or trench); drilling for
core samples in order to test the grade of the ore; road and camp
construction; and rehabilitation of affected sites.
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The most intensive program
is known as bulk sampling, which tests out processing technologies
for the particular uranium ore body.
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All three current dry season
exploration operations in West Arnhem Land involve drilling, with
'significant new road development' occurring in the Mann River area
on Jawoyn country. Canadian giant, Cameco, has been extremely active
in recent years in this area and also in the last year in the vicinity
of King River. Last year it announced that exploration activities
on its Snowdrop licences had been unsuccessful. Afmeco, a subsidiary
of Cogema, the French state-run nuclear corporation, has been exploring
in the Tin Camp Creek area some 30-50 kilometres across the Arnhem
Land border from Jabiluka. The latter area also contains the potentially
mineable Caramal uranium deposit - also formerly known as Nabarlek
2 - on an exploration licence held by Cameco.
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Uneconomic Uranium
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The NT Government has,
of course, avidly supported this increased exploration activity.
It is pumping in $16 million of funding to the five year NT Exploration
Initiative, which aims to improve the geoscientific data available
to the mining industry, particularly for what is known as 'greenfields'
exploration on previously unexplored land.
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There is reason for some
optimism though. Whilst exploration may be the 'lifeblood' of the
mining industry, as Minister of Resource Development, Daryl Manzie,
argued in Parliament earlier this year, it is also subject to the
ups and downs of global commodity markets. Companies such as Cameco
are currently being hammered by the low price of uranium. Not only
is it looking to sell its 6% share in ERA, but it is becoming harder
and harder for exploration managers to justify programs to head office
on financial grounds.
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The recent upsurge in exploration
in West Arnhem Land has largely come about due to the relaxation
of political constraints on uranium mining under the Howard Government.
Economic constraints, however, may see the companies pack their bags
and leave once again, this time hopefully for good.
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Exploration Licence
Applications Process
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Before a company can explore
or mine for uranium (or any other mineral) - an application process
has to be followed.
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1.
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Exploration Licence Application - The
mining company applies to the NT Department of Mines and Energy
(DME) for a licence or permit.
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2.
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Consent to negotiate - The Minister for
Mines and Energy grants the mining company 'consent to negotiate'
with the Land Council.
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3.
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Application for consent - The mining company
must submit its application including exploration proposal and
mining details to the Land Council within three months, otherwise
the application is deemed to have been withdrawn. The exploration
proposal must describe all aspects of the exploration activity
including possible impact on the environment and the social impacts.
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4.
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Consultation - Having ensured that the
proposal provides adequate information for traditional landowners
to make a decision, the Land Council informs traditional owners
and affected groups and communities within 30 days, and organises
a meeting at which the applicant presents its proposal. A representative
of the Minister for Aboriginal Affairs may also attend the meeting.
The traditional landowners have the right to instruct the Land
Council to refuse consent to an exploration proposal that affects
their land. Refusal freezes the application for five years after
which the same company may re-apply. Alternatively, traditional
landowners may instruct the Land Council to negotiate an agreement
with the company.
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5.
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Negotiation of Agreement - Negotiations
must be concluded within 12 months. The Land Council provides
the company with a draft exploration agreement containing fundamental
clauses, and the company is invited to use this document as a
basis for negotiations. A liaison committee of traditional landowners
can be involved in negotiations. The negotiated agreement is
then presented at a meeting of traditional landowners for their
consideration.
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6.
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Agreement - Once the traditional landowners
have instructed the NLC to enter into the Agreement, their decision
must be considered by the NLC Full Council to ensure that due
process has been adhered to. The NLC must then seek the approval
of the Minister for Aboriginal and Torres Strait Islander Affairs
to enter into the Agreement. Once the Agreement has been executed
by all parties, the NLC then notifies the NT Minister for Mines
and Energy who subsequently issues the exploration licence for
a period of six years, with an ability to extend for a further
four years.
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Note – The terms and parameters
of any subsequent mining stage (i.e.financial arrangements and environmental
and employment considerations) are generally attached to the exploration
licence as a signed contract between the company and the NLC. This
is not a formal part of the Land Rights Act applications process,
but an initiative by the NLC to bring some greater security for Traditional
Owners. (from NLC submission to the Review of the Aboriginal Land
Rights (NT) Act 1976)
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MORE
INFORMATION
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PDF
Downloads:
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Click on icon to download
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Uranium Exploration in West Arnhem Land an
ECNT Report (1.5 MB)
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See also: Mining
Media Releases
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