Future certain for Olympic Dam but not Traditional Owners

David Prestipino
David Prestipino Published June 17, 2026 at 4.00pm (AWST)

A landmark update of a decades-old Indenture agreement guiding development at Olympic Dam and copper-rich Gawler Craton was ratified by the South Parliament on Tuesday despite serious concerns from affected Traditional Owner groups.

Key Points

• Three Traditional Owner groups left out of landmark deal

• Concerns at impact of 50 years of mining on Country

• New Indenture fast-tracks BHP's Olympic Dam expansion plans

The agreement between the Malinauskas government and global miner BHP ensured long-term certainty for the region as a global copper powerhouse but left Traditional Owners concerned for their future and angry at the short time set for submissions over the deal.

Critics said the six-day window to respond to updated Indenture contradicted claims of due process, a fair hearing and proper public consultation by the SA government, after the agreement was mooted in May.

Native Title bodies told a government-chosen Select Committee they had serious concerns at ongoing impacts another 50 years of BHP mining operations would have on their Country.

'Destruction' of Country

Kokatha Aboriginal Corporation, whose Traditional lands include the Olympic Dam region, told the Committee the previous Indenture Act - in place for more than 40 years - was insufficient already.

"The original Indenture is viewed by the Kokatha People as the authorisation of destruction of our land and a mechanism to drive our people off Country, without the involvement or consent of Kokatha People," KAC wrote in its submission earlier this month.

Dieri Aboriginal Corporation said a BHP well field on Dieri Country would continue to pressure the Great Artesian Basin.

"Water is very important to us as Dieri People and the impact of water taken from Wellfield B impacts the health of our Country," the board wrote in its submission.

Arabana Aboriginal Corporation urged the Committee to make recommendations on important matters that affected Arabana People and their land, outlining them in its submission.

"The damage to our springs and land, the closure of Wellfield A, ongoing water abstraction from Wellfield B, the absence of consultation with the AAC," it wrote.

"The continued displacement of the Aboriginal Heritage Act for the Stuart's Shelf on Arabana Country and how development of the bill can be reconciled with the state's own commitments to Aboriginal people."

The Committee heard evidence from SA's departments of Energy and Mining, Energy and Water, BHP, the SA Conservation Council and SA Chamber of Mines and Energy.

The Conservation Council chose not to attend the hearing, while no Traditional Owners were on the Committee.

Changes pave way for more mining

The SA government said the updated Indenture for future activities in BHP's Copper Province would fast-track approvals for expansion projects, environmental and heritage management, and operation of the Roxby Downs township.

Other changes to the agreement included a transition to SA's current Aboriginal Heritage Act, improving water extraction and maximising job and business opportunities.

The Copper Province expansion would unlock projects with the potential to extend into the next century, supporting the state's economy for decades.

SA energy and mining minister Tom Koutsantonis said the updated Indenture gave investors certainty, enabling BHP to expand copper mining and production in the area.

World-class copper province awaits SA

BHP forecast capital expenditure of up to $25 billion in SA during the next 10 years, the majority on copper production, with the state having two thirds of Australia's copper deposits.

"We have before us a generational opportunity to maximise the benefit of this critical mineral for our entire state," Mr Koutsantonis said.

BHP asset president copper SA, Anna Wiley, said the modernised framework changes would usher a lasting, world-class copper province in the state, but the company did not address specific questions from the National Indigenous Times regarding concerns in Traditional Owner group submissions.

"We look forward to continuing to work with the government, the Kokatha people as Native Title holders, other Traditional Owners in the region, state and federal governments, regulators and regional communities as we progress Olympic Dam's expansion plans," Ms Wiley said.

The three Traditional Owner submissions as well as several environmental organisations had heavily criticised the limited time to make a submission, while also lamenting insufficient consultation and engagement from BHP and stakeholders.

BHP was not involved in the Parliamentary process that led the bill passing through the Upper House, or who sat on the Select Committee, with both the remit of Minister Koutsantonis and the SA government.

The company was confident new agreement-making processes with Traditional Owners would investigate their specific issues, some of which were already being addressed.

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