Walton, Alastair --- "Cocktail Exploitation - Uranium, Aboriginal Land Rights, Gold, Diamonds and National Parks" [1987] AboriginalLawB 23; (1987) 1(26) Aboriginal Law Bulletin 6

• Cocktail Exploitation-Uranium, Aboriginal Land Rights, Gold, Diamonds And National Parks
• The West Australian Story In International Times

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Cocktail Exploitation - Uranium, Aboriginal Land Rights, Gold, Diamonds and National Parks

by Alastair Walton

The West Australian story in international times

The Western Desert Puntukurnuparna Aboriginal people are facing an enormous foe. Against them is the transnational corporation CRA, a subsidiary of Rio Tinto Zinc, which is no stranger to disregarding Indigenous people, human rights and self-determination across the globe. As well as ignoring the local Aboriginal people of the Western Desert, CRA wishes to set up another 'Roxby Downs' (because of the multi-mineral form, ie uranium, gold, base metals and platinum-group minerals) in West Australia's largest National Park.

Rudall River National Park is situated 500 kilometres south east of Port Hedland in the Pilbara Region of Western Australia. Gazetted on 22 April 1977, the Park is 12,042 km2 and is one of the few areas in Western Australia to be declared a Park in response to the recommendations of the Conservation Through Reserves Committee (CTRC) established by the Environmental Protection Authority of W.A. (EPA) in 1974, which is itself empowered by the Environmental Protection Act 1971.

The traditional owners are concerned about their land (see Uranium Exploration in the Rudall River National Park: An Aboriginal Perspective [1987] AboriginalLB 24; 1(26)pg7). The Western Desert Land Council has collected reports of harassment by people and aircraft, while an archaeologist consultant for the Land Council was buzzed by a helicopter inside the park near a mining tenement.

The Australian Conservation Foundation is also very agitated about the mining activityiIn and around the Park. The CTRL cited the need for a Park, such as Rudall River, to represent the unique habitat of the Little Sandy, Great Sandy and Gibson Deserts. Of the six areas proposed, only Rudall River National Park exists, making it imperative that the Rudall River Park be protected.

In a 'Four Corners' program on Kakadu National Park and mining, televised in October 1986, the Federal Minister for Arts, Heritage and Environment, Mr Cohen, described miners and explorers in the Kakadu National Park as 'cowboys' who were only Interested in making 'swiss cheese' out of the Park. He said he was not going to let that happen. Such statements would seem to be applicable to the Rudall River National Park as well.

The traditional owners have been allowed only token input regarding access and management of the land. There is no resident ranger, reflecting the low priority the Department of Conservation and Land Management of WA (CALM) has for the area. According to Gary Sherman, Western Desert Land Council Coordinator, the area around the site has a rich cultural heritage for Aborigines and would be included in any future land rights claim. (Times on Sunday, 19 April 1987). 'There are 250 Aboriginal squatters living within 100 kilometres of the site.'

Nine mining companies have been granted exploration leases in and around the Park, pegging out approximately 50,000 kms. The companies are Western Mining Corporation, BHP, Esso, Auridium NL, PNC Exploration (Aust.) Pty Ltd, Churchill Resources N/L, Newmart, Duval, and CRA holding the largest area under lease at about 15,000 kms.

Under the Mining Act, 1978 (WA) according to Australian Mining and Petroleum Laws (Forbes, 1987) 'Mining on public reserves, national parks and forestry areas is strictly controlled but not absolutely prohibited (s24). A national park may not be mined without the assent of both Houses of Parliament (s24 (4))'. So far there is exploration drilling in the Park but according to the Financial Review (4 December 1985, 'CRA to explore further after promising WA uranium find'), 'early indications are highly promising'. According to reports mining is the ultimate intention. A WA State Labor MLC, MrTom Helm, whose electorate takes in Rudall River, only learnt of the project nine months ago. 'He flew over the site and was amazed at the extent of infrastructure, exploration work and damage caused.' (Times on Sunday, 19 April 1987).

'The two Houses of Parliament approval clause may not protect Rudall River from mining. This may be one issue where Labor and Liberal may cooperate. The W A Minister for Minerals and Energy, Mr David Parker, has given full backing to exploration and development of uranium deposits in this State, in spite of a State Labor uranium policy,' declares Mr Rick Humphries, the Australian Conservation Foundation's Campaigns Officer for WA.

Inside the area of CRA's E45/73 lease is an airstrip ('excellent texture 1.5 km in length'), a well established camp designed for year round operation, with a personnel of 42 who have been seen wearing film badges for monitoring radioactivity. Inside the Park are two drilling rigs which have extensively degraded the area of their operation. The search is on for uranium, copper, zinc, lead and even gold. Telfer, 80 kms to the north of these operations is Australia's second largest gold mine producing 180,000 ounces of gold last year (note there is no 'gold tax').

The response to these activities by the Land Council and the Australian Conservation Foundation is that the operations are far from satisfactory. The ACF believes that while the response of the Department of Conservation and Land Management of WA (CALM) has been to only implement minimal guidelines to satisfy the basic legislative requirements, it would seem there is a lack of commitment by the West Australian government. In addition a precedent is set for mining in National Parks. The irony of this is in a newspaper report by Frank Alcorta, an alleged 'mouth' for the Liberal Country Party in the Northern Territory, who is selectively leaked stories by the local Administration to set the political agenda via the Territory's main newspaper the NT News and the Sunday Territorian. It seems the Northern Territory was annoyed by an alleged sweetheart deal between the federal and West Australian Labor governments whereby WA gets the uranium mine in a National Park, few people have heard of while less have even been to, so Kakadu mining can be quashed and the mainstream conservationists pacified. While this maybe just another conspiracy story, it would not bathe first time CRA and the WA government have cooperated.

The West Australian state government has a five percent stake in the Argyle Diamond Mine which is principally controlled by its major shareholder and operator, CRA. CRA's dominant shareholder (with 49 percent) is its parent company RTZ (Rio Tinto Zinc) of the United Kingdom.

The Argyle Diamond mine is located in the east Kimberleys in the far north-west of West Australia. During 1986 the mine produced 28 million carats, making it the largest diamond mine in the world (total world production not including Australia was 59 million carats). The projected estimates for Argyle's production are 50 million carats a year.

The Argyle Diamond mine has situated its extracting activities right on the barramundi sacred site of the local Aboriginal people. There are several papers on the site and its significance to the people prepared by the East Kimberley Social Impact Assessment Project.

Initial negotiations for the mining project involved the local people, represented now by the Waringarri Association. However the West Australian government came into the negotiations and purchased 5 percent and displaced both the only Australian corporation (Northern Mining) and the Aboriginal people. The final deal left out any form of traditional attachment. agreement and revolves around a small fund pay out with strings attached.

The figures run at an annual fund of $1 million, with the state and the company each contributing $500,000, for five years. The company also by-passes the committee established to administer the annual million (three company and four government representatives) with a portion of $360,000 of its $500,000 going to local Aboriginal communities under the name of the good neighbour scheme. These payments are under several conditions plus the preamble that they not be indicative of any recognition of prior Aboriginal ownership.

But what moves behind these agreements is the fact that West Australia's policies on mining, land rights, heritage and national parks are being influenced by a corporation with its headquarters in London and holding major South African interests.

Rio Tinto Zinc has very large Southern African interests including Rossing Uranium in Namibia, illegally occupied by South Africa, and Palabora Copper in South Africa (see Roberts J 'Australia's Diamond Alliance', Australian Society, Vol. 6 No. 5. Also The Rossing File, by Alun Roberts, who was arrested due to his research and publication of this book). On the board of RTZ is Mr Spiro who is also a director of De Beers, the South African diamond consortium. According to Jan Robert's article:

... on the key body which sets production quotas for the Australian mine through the Diamond Corporation, sits the South African government. Ironically this gives the South African government more power over the Argyle Diamond Mine than is currently assumed by the Australian government.

The activities of RTZ in Namibia are illegal according to the United Nations Council for Namibia, Decree No.1, adopted on 27 September 1974, while the Guardian has quoted eyewitnesses who thought the living quarters for the black workers were 'the worst they had seen in Namibia' ('Seminar on the Activities of Foreign Economic Interests in the Exploitation of Namibia's Natural and Human Resources', 16-20 April 1984; United Nations Council for Namibia, DP1/824-41899, April 1985-10M, p. 50-51).

Obviously there can only be great concern where a corporation is active in Australia and through the internationalisation of capital influences the local policies on such important matters as land rights, Aboriginal development, national parks, mining and government control of financial activities.

The Western Desert Puntukurnuparna people are seeking assistance.

Resource Centre PO Box 2358
South Hedland, WA 6722 Phone: [phone]

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c/o Jigalong Community Newman WA 6753
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