"This company needs to be honest" - Traditional Owners sound alarm over mineral sands project

Giovanni Torre
Giovanni Torre Published June 5, 2023 at 12.00am (AWST)

Traditional Owners in the Kimberley have raised concerns over the security and environmental implications of the Thunderbird Mineral Sands project.

Nyikina Mangala Traditional Owner Rosita Shaw told National Indigenous Times Traditional Owners had not been advised of the potential military uses of materials being mined at the Thunderbird site.

"The thing is when we first started talking to them, in good faith, before any agreement was signed later on, we did some heritage surveys – before they do any clearing. They said it was used to make paint, the minerals – zircon and ilmenite I think – they said the minerals in that area were used to make paint, toothpaste, and to make ceramic for toilet bowls, tiles and so on," she said.

"They never told us anything about what else they were going to use it for. That is my concern as a Traditional Owner. It was seen somewhere, on a document, that is how we found out it could be used for weapons, nuclear materials.

"This company (Kimberley Mineral Sands) needs to be honest and open, as we Traditional Owners have been. We are worried about our Country, and what minerals will be taken out of it and what they will be used for."

Environs Kimberley director of strategy Martin Pritchard said the mine is "an environmental disaster in the making".

"It should never have been approved by the West Australian government. Strip mining of over 1,600 hectares of tropical savanna, the most intact in the world, will lead to destruction of threatened species habitat and thousands of plants and animals killed and burnt," he said.

"This is the most destructive mining development in the West Kimberley's history."

Mr Pritchard told National Indigenous Times that more than twice the amount of Broome's annual water use will be pumped out of the groundwater at the site.

"There are deep concerns about how this will affect the Dampier Peninsula," he said.

"The Federal Government's Minister for Defence was aware that the products from this mine can be processed into material that is on the Defence and Strategic Goods List. The public have a right to know what these products are. We know that mineral sands can be processed into titanium which is used by the military industrial complex for weapons and also zirconium which is used in the nuclear industry.

"The government needs to come clean and let the public know what the Kimberley Mineral Sands products could be used for particularly since they've given the project $160 million of taxpayers funds."

Mr Pritchard said the mine will also have negative consequences for Broome with "up to 100 road trains every 24 hours going through the town to the Port. Residents are already up in arms with 600 people signing a petition against the proposal".

He said the increase in shipping and impacts on residents and tourists going to recreational spots like Entrance Point beach had been ignored by the Western Australian government so far.

"We're calling for transparency and full disclosure from the Premier on this," he said.

In late July WA Senator Jordon Steele-John asked the federal government a number of questions about the mine and its products.

The minister representing the Minister for Defence said the Defence and Strategic Goods List did not include zirconium or titanium, and that the materials did not have known military applications. However, when asked if the Minister was aware that the products from the mine can be processed into material that is on the Defence and Strategic Goods List, the minister said "yes".

Senator Steele-John also asked if Defence were aware of any supply agreements between Yansteel, a co-owner of Kimberley Mineral Sands, or its parent company Tangshan Yanshan Iron & Steel Co Ltd and non-Australian militaries, and, under the circumstances, whether the project operators were required to apply for an expert permit under the Customs (Prohibited Exports) Regulations 1958.

The minister said they were not aware of any such agreements; the exports of raw, unprocessed titanium and zirconium ores are not regulated by Defence; and that Defence does not comment on individual export applications or assessments.

Kimberley Mineral Sands chief executive office Stuart Pether told National Indigenous Times a Coexistence Agreement is in place between Joombarn Buru and Kimberley Mineral Sands for the Mining Lease.

"A second Co-existence Agreement is in place between Walalakoo Aboriginal Corporation and Kimberley Mineral Sands for several miscellaneous leases," he said.

"Traditional Owners groups, including Joombarn Buru as the determined native title holders of the country on which the mine is located, have been and continue to be fully engaged about all aspects of the project."

Asked what information was provided to Traditional Owners in the area regarding the products from the mine and potential applications of those products, Mr Pether said information "about the many different product applications is contained in factsheets publicly available on the KMS website and shared through numerous public forums and presentations".

He said Kimberley Mineral Sands "is not party to details of Yansteel's customer agreements" but noted that investment by Yansteel in the Kimberley Mineral Sands Joint Venture was approved by the Foreign Investment Review Board in 2020.

"Yansteel's offtake agreement with KMS is for an ilmenite concentrate. Yansteel will use this product in a newly constructed ilmenite processing plant which will make paint pigments."

Mr Pether said environmental management and mitigation measures are in place and are detailed in WA State Government Environmental Protection Authority Ministerial Statement 1080.

WA Environment Minister Reece Whitby told National Indigenous Times that the Thunderbird Mineral Sands Project was approved in August 2018 by the then Minister for Environment.

"The proposal was assessed at the highest level by the independent Environmental Protection Authority, which follows rigorous assessment processes. The environmental impacts were also subject to public consultation," he said.

Mr Whitby said Traditional Owners were consulted, and the proponent's heritage surveys met the requirements of the Aboriginal Heritage Act 1972, legislation long-maligned as lopsided and racist and since replaced by the Aboriginal Cultural Heritage Act (WA) 2021, which comes into effect on 1 July.

"The Walalakoo Aboriginal Corporation, representing the Nyikina Mangala native title holders, successfully negotiated a co-existence agreement over licences that secure road access to the project," the Minister said.

"These negotiations were separate to those relating to the mining lease, which involved the Mount Jowlaenga people."

Mr Whitby said the proponent (KMS) submitted a formal request to the EPA to amend the approved proposal in December 2021 to increase trucking movements to Broome Port as well as shipping activity to allow all product to be exported from the port.

"I understand the EPA considered a number of environmental factors including marine fauna, flora and vegetation, water quality, terrestrial fauna and social surroundings such as cultural heritage, dust and noise. Potential impacts on Aboriginal heritage sites and traditional cultural activities were also considered," he said.

"The approved amendment allows for the export of bulk products via Broome in addition to Derby and includes approval for less than 50 return truck journeys per day."

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