On June 13 the Federal Court in Darwin, Australia delivered a blow to the spirits of the Gudanji, Yanyuwa, Garrawa and Mara peoples. As many of you know, we have been following the events surrounding the zinc mine expansion and diversion of the McArthur River in the Northern Territory since last year. Now, in a decision that has been awaited since last August, the Court upheld the government’s decision to allow Swiss-based Xstrata Corporation to pursue a $110 million mine expansion project at the McArthur. This expansion plan includes a 5.5 kilometer diversion of the river which would allow Xstrata to tap a large deposit of zinc, a mineral which is skyrocketing in value on the world market, in great part due to Chinese demand. Since July 2007 the mining company has been forging ahead with the construction of the diversion canal anticipating this decision. Opponents of the diversion plan continue to charge that the diversion of the river will destroy sacred sites and have deleterious environmental effects on the fisheries and mangroves downstream.

The Gudanji and Yanyuwa people of Borroloola, with whom we filmed last August, have been persistent in their opposition to the diversion as moving the river would cut their rainbow serpent and turtle dreamings (see our site report on the McArthur River) and forever damage the community spirit of the people. They also fear that Xstrata’s subsidiary, McArthur River Mining (MRM) has dug up burial grounds and removed bones from the site.

The traditional owners, as Aboriginal peoples are known in Australia, and the Northern Land Council – an agency that was set up to administer land rights claims for Aboriginal peoples in the Northern Territory – had sued the former federal Environment Minister Ian Campbell a year ago, charging that he had not followed correct procedure or analysis when he issued a permit for the mine’s expansion plan. This lawsuit followed a back-and-forth series of politically and culturally charged events, including the a decision by the NT Supreme Court halting the river diversion in April 2007 and the Northern Territory government’s highly contentious passage in May 2007 of last-minute legislation to allow for the diversion to begin.

In response to the litigation and publicity, MRM had refused to allow the traditional owners onto the property to conduct ceremonies. Last month, led by our friend Jacky Green, the Gudanji formed a roadblock at the mine entrance in protest. Xstrata issued several trespass notices to the protesters and police stepped in on behalf of the mining company.

After the June 13th decision, the Gudanji again gathered at the mine entrance with about 80 people, including Yanyuwa, Garrawa and Mara people, asking to be permitted onto the site to perform a farewell ceremony to the sacred sites. MRM refused and accused the Northern Land Council of staging a media stunt. The council fired back, charging that MRM was in violation of Australia’s Sacred Sites Act by refusing permission to the people to access their sites and perform ceremony. On June 19th, the police once again cleared off the protesters.

The Northern Land Council will now press its case with the new Environment Minister Peter Garrett. They hope he will agree to conduct a federal environmental impact assessment and halt the mining company’s river diversion work. We’ll keep tabs on news from the McArthur River and let you know how you might be of help!

To read the national press coverage, check out the recent articles in the Sydney Morning Herald, The Age (Melbourne) and The Northern Territory News (Darwin). To find out what actions may be taken in Australia in the coming months, check out the Environment Centre of the Northern Territory’s page and their McArthur River blog.