Process of management

In the beginning

As discussed in Chapter Three, the areas where the Ranger and Jabiluka mines are situated were leased to ERA by the Northern Land Council (NLC), which has held responsibility over this land since the Aboriginal Land Rights Act (Northern Territory) 1976 (Cth) (hereon in referred to as the Act) was passed. Under the provisions of this Act, Aboriginal Land Councils were given the right to lease these lands to people wanting to use it, if the consent of the traditional owners was received. An Environmental Impact Assessment (EIA) would need to be undertaken and approved by the federal government.

With the approval of the National/Country Party Coalition, the original mineral lease for the Jabiluka site was obtained in 1982. When Prime Minister Bob Hawke was elected to power in 1983, however, he cancelled the export permit which had previously been a provision of the lease. As Australia does not use uranium domestically, this meant that there would really be no point in keeping the mine operating. It was only in 1996 when Prime Minister John Howard came to power as leader of the Liberal/National Party Coalition that approval to export was again granted and renewed plans to mine at Jabiluka were announced.

Late 1990s - Construction and operation of the Jabiluka mine

Despite intense international scrutiny and opposition in the form of massive protests (these responses were discussed in Chapter Four) ERA continued to mine until September 1999. They were eventually forced to stop when the Mirarr people exercised their power of veto over 'remote milling' (processing uranium ore at another site), which had been a provision of the 1991 'Deed of Transfer' negotiated between ERA and the NLC (refer to Chapter Three). For economic reasons, ERA had intended to conduct their milling operations for the ore extracted from Jabiluka at the Ranger site, some 20 kilometres to the south. Essentially, it was the Mirarr people's refusal to allow this that halted the Jabiluka mining proposal, as it would not be economically feasible for ERA to conduct milling operations at Jabiluka. By the time mining did eventually stop, ERA had extracted 47 000 tonnes of uranium, which was never processed because they were not allowed to transport it to the Ranger milling facility. After sitting in stock for years it was eventually returned to the ground in 2003.

Mine closure and rehabilitation of mineral leases

Since mining ceased at Jabiluka in 1999, there has been no activity at the site and intentions to start mining again look doubtful. When British mining company Rio Tinto became the majority shareholder of ERA in 2000 it was announced that it was highly unlikely the mine would go ahead in the future, at least not until the Ranger mine was no longer productive. In 2005, Rio Tinto (formerly ERA) signed an historic agreement with the Gundjeihmi Aboriginal Corporation (a representative body of the Mirarr people) stipulating that, even though the mineral lease was still valid, any plans to re-open the mine would need the consent of the traditional owners. The Jabiluka Mineral Lease is now under a long-term care and maintenance management regime.

In the past all areas of Kakadu under a mineral lease were not formally considered part of the National Park whilst the lease was effective (refer to Chapter Three). In 2006, however, the federal government announced that 29 mining leases within Kakadu National Park would be re-integrated into the World Heritage Area. It was also announced that all leaseholders would be compensated (at a cost of $7.3 million) and the areas where abandoned mines previously operated rehabilitated.

Reports of environmental mismanagement

There have been quite a few reports of breaches of environmental standards at both the Ranger and Jabiluka mines operated by ERA. These can be attributed to faulty tailings retention systems and mismanagement on the part of ERA. A lack of adequate regulation and monitoring on the part of the Northern Territory and Australian Governments has also attracted criticism.

In October 2001, ERA gained permission from the Northern Territory Government to dispose of water containing radioactive materials, which could not be contained within the engineered dam at Jabiluka, by gradually spraying it across the Jabiluka Mineral Lease over the period of a few months. Remember that this area, although not legally a part of the Kakadu National Park whilst the lease was effective, is surrounded by areas World Heritage listed for their natural and cultural values. See image 1

In 2002 there were also reports that breaches had been occurring at Ranger mine for quite some time. Water containing levels of uranium about 450 times the Australian drinking water standard was being discharged and that thousands of tonnes of uranium ore had been dumped incorrectly at the mine. Waterways that flow though Aboriginal communities living in Kakadu were contaminated as a result of this. See image 2 

Chronology of uranium mining in Kakadu

1960s: Uranium discovered in the Alligator Rivers region, which encompasses Kakadu.

1976: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) passed.

1979: Pancontinental conduct an Environmental Impact Assessment (EIA) for the proposed Jabiluka site.

1979: Under the leadership of Malcolm Fraser, the Australian Government approved the above EIA, essentially allowing mining to take place at Jabiluka if a mineral lease agreement is made.

1980: Ranger Uranium Mine opened and North Ltd. (since amalgamated with Energy Resources Australia Ltd.) begin operating.

1981: Kakadu National Park was inscribed on the World Heritage List. Significantly, it was the first place to be listed for both natural and cultural values.

1982: Pancontinental and the Northern Land Council signed an agreement granting Pancontinental a mineral lease for the Jabiluka site which will last for 42 years.

1983: The Hawke Labor Government elected to power and Pancontinetal's permit to export uranium withdrawn.

1991: The mineral lease for Jabiluka purchased by ERA from Pancontinental for $125 million.

1996: Howard Liberal/National coalition government elected to power.

1997: A completely new EIA for the impact of mining at Jabiluka was conducted by ERA and approved by the Howard Government.

1998: Plans and designs for a new mine at Jabiluka were negotiated between NLC and ERA in May.

1998: Construction of Jabiluka mine commenced in June.

1998: Large protests were held at Kakadu, involving 5000 people taking part in peaceful demonstrations. Jabiluka mine blockaded for eight months with 527 protestors arrested.

1998: The Bureau of the UNESCO World Heritage Committee (WHC) visits Kakadu and conducts a formal inquiry into the Jabiluka case.

1998: Public opinion polls revealed that over 80 per cent of Australians surveyed opposed use of the Jabiluka mine.

1999: UNESCO's WHC declares Kakadu National Park not 'in danger' from uranium mining.

2000: ERA amalgamates with Rio Tinto.

2003: The NT government announces that it will clean up the Jabiluka mine site.

2003: Unprocessed uranium was re-inserted into the ground at Jabiluka and the mine shaft was sealed.

2005: Rio Tinto and the Gundjeihmi Aboriginal Corporation signed an agreement which ensured that any decision to re-open the abandoned Jabiluka mine would need the traditional owners' approval.

2006: The Australian Government announced that 29 mining leases within Kakadu National Park would be re-integrated into the World Heritage Area.