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Showing posts with the label mining leases

Sibelco breaches bushfire prevention undertakings

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The serious risks to human life, property and to flora and fauna associated with out of control bushfires on North Stradbroke are obvious. The miners’ Environmental Studies Report (2003), required before mining could commence under Queensland law at the Enterprise mine acknowledges the risks:- “Bushfires frequently occur on North Stradbroke Island as a result of both natural (eg lightning strikes) and human induced events (eg arson). Periodic low intensity fires are essential for the reproduction processes of many native vegetation communities on the island. However high intensity or unnaturally frequent fires can result in loss of property, human life and significant harm to native flora and fauna communities” (ESR section 3.2.6) Considering its enormous profits are derived from mining and permanently damaging an internationally recognised, sensitive sand island, most people are likely to consider that Sibelco should strictly comply with its bushfire obligations. Its mining le...

Native Title Rights Prevail Over Mining Leases

Last month, the High Court finally considered whether mining leases, which do not grant exclusive possession to miners, extinguish non-exclusive native title rights. The High Court held, unanimously, that the mining leases did not extinguish the claimed native title rights, which therefore were revived on the expiry of the mining leases.  http://www.austlii.edu.au/au/cases/cth/HCA/2014/8.html Stradbroke mining leases also do not grant the miners exclusive possession. Government representatives and others with ‘rights of way’ can access the land without consent. The High Court decision provides support for the legitimacy of the Quandamooka peoples’ native title rights prevailing on the expiry of Enterprise mining leases in 2019 and weakens the validity of the Newman’s government’s legislative amendments to allow further renewal of the leases in 2019. All parties involved in the native title claim over Stradbroke accepted this end date when consenting to the Federal Court determina...

FOSI submission on lease notifications and objections

Below is the text of the FOSI submission dated 28 March 2014 to Department of Natural Resources & Mines. Proposal to change the law relating to mining lease notifications and objections Thank you for the opportunity to make a submission. Mines have such massive impacts on our environment and communities that it is essential that any person or group can stand up and raise public interest issues, including in an open court. We know from bitter experience this proposal, if implemented, will tip the balance too far in favour of the destruction of the environment by mining companies and cause greater community division. It would be a backward step for the State government to change the law that provides public interest safeguards for the community. From our own recent experience on North Stradbroke Island, where special legislation has been used to extinguish pre-existing community rights to object to and challenge the rene...

Expired mining leases should not be renewed

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Mining leases on NSI were granted in a bygone era – Politically by a Bjelke-Petersen national party Government with very different attitudes to the environment than the current Government. Culturally when public perception of and attitudes to mining in fragile environments were quite different. Geographically when NSI was much further from the major population centres. Redlands was still a rural area yet to undergo urbanisation and Brisbane was of much smaller dimensions. Now it is on the door step of a substantial population which is ever increasing. Dredge Mine, concentrator (CRL image library). Now a unique opportunity for the government to act! There are a large number of mining leases that have expired and FOSI and others are opposing the renewal of all such expired leases. The ALP Governments have been proposing to develop extensive National Parks on NSI since 1990. In that time, the population of greater Brisbane has more than doubled, creating a much greater ne...