By David Noonan
BHP and the State Government have agreed on a Roxby Downs Bill and new Indenture to govern
Olympic Dam and associated mining expansions for the next 50 years. This is a re-run of
precedence to big mining vested interests that has typified SA from back in 1982 and sets in
train up to a tripling of BHP demand for water in the dryest State.
State Labor decided to drop the highly complex Bill and new Indenture into Parliament without
prior notice, with the Minister for Mining Hon Tom Koutsantonis MP saying he wants the Bill
passed ‘unchanged and without delay’.
A short Select Committee was started up and “Parliamentary News” announced a six-working
day public consultation period – apologies to many interested parties if they didn’t get this news
in a timely way from such a well-read source.
For independent scrutiny, the proponent of the Bill the Minister for Mining was made the
Committee Chairperson and two non-public Hearings were held: first with the Department for
Mining and then with BHP and the Chamber of Mines as supportive compliant Witnesses.
To epitomise what a farce this process is, the Select Committee was set up to Report the day
after public input was to close at COB on Monday 1st June, and that is what they did. The ‘Report’
was Tabled and the Chairperson and Members of Committee all gave uncritical Speeches on
the Bill on the 2nd of June – the very morning after public input had closed.
This farce contradicts any claim by our SA State Labor Government to due process, to a fair
hearing and to integrity in public consultation.
The Report and Speeches inexplicably failed to discuss any of the important content of public
input across 22 Submissions received – they had left no time to even consider it properly. The
‘Report’ has a couple of pages on the non-public Hearings but provides no discussion or even a
summary of the public input. The public Submissions were not released until after the
Speeches and Parliamentary week had concluded.
People have a right to be heard in SA. Aboriginal Native title representative bodies and
individuals have sought to be heard on the Roxby Bill – including to give evidence in public
Hearings, as the Bill affects their rights and interests and their country and culture. However,
they have so far been denied that right and respect.
To be fair, the Department for Environment and Water was a Witness at second non-public
Hearing: with the CEO stating that closure of BHP Olympic Dam Wellfield A “will produce
significant benefits” to the unique and fragile Mound Springs that are dependent on natural
flows of Great Artesian Basin (GAB) ground water. However, the Bill intends to keep Wellfield A
operating for a further decade till 2036.
Asked about the benefits of replacing BHP’s far larger scale Wellfield B extraction of GAB water
for mining with an alternative desalinated marine water supply, the CEO said: “Yes definitely,
both the environment and cultural values”. However, the Bill grants rights to BHP to keep
pumping water from Wellfield B for decades.
A ‘Key Ask’ to the Premier by the State peak body Conservation SA (19 Dec) was conveyed to the
Roxby Committee in David Noonan and Friends of Mound Springs (see FOMS) public input:
Protect the Mound Springs and End Unsustainable Water Extraction from the Great
Artesian Basin
Mound Springs are globally significant cultural, ecological and geological features, and
are a listed EPBC Act “Endangered Ecological Community”. These unique and fragile
little gems support rare species, deep cultural heritage and landscapes central to the
identity of Traditional Owners. Community concern has escalated regarding BHP’s use
of Great Artesian Basin water for mining and the cumulative impact on Springs.
We call for:
a. Recognition of the Mound Springs of the GAB as a high-value ecosystem requiring
elevated protection.
b. Closure as soon as possible of BHP Wellfield A water extraction operations that have
directly impacted the Springs.
c. Transition of industrial scale BHP Wellfield B water extraction operations toward
alternative water sources, such as desalination or recycled water, to protect the Basin.
d. Transparent timely reporting of extraction volumes, groundwater pressures and
spring health and monitoring information.
e. Co-governance with Traditional Owners, with investment in cultural heritage
protection and Indigenous Rangers on country
Conservation SA has sought “a clear safeguard against irreversible damage” in needed closure
of Wellfield A and a phase out Wellfield B, but this Bill fails to do so.
Deputy Premier the Hon Kyam Maher MLC spoke glowingly to the Bill in a Legislative Council 2nd
Reading Speech on 3rd June. Surely, he would have first read the public input from Aboriginal
Native Title bodies, objections from the State Local Voice, and others calling to be heard on the
Bill. As Min for Aboriginal Affairs Mr Maher must hold this Bill off and respect and deliver on the
right to be heard in Public Hearings (e-mail at AttorneyGeneral@sa.gov.au Ph: (08) 7322 7050).
As Treasurer the Hon Tom Koutsantonis MP has finally put monies in the SA Budget for ‘Truth-
Telling’ – this bad Roxby Bill and draconian new Indenture means there is a lot more truth to tell.
Integrity in public office depends a lot on what the State Labor does next on the Roxby Downs
Bill and new Indenture. This bad Bill must not be rushed unchanged through Parliament by the
end of this June sitting. Public Hearings are necessary so people can be heard and respected in
our society and precious water and Springs must now be protected in this the dryest State.
Further info, see “Roxby Bill rides roughshod over environmental and Indigenous concerns”
at https://www.conservationsa.org.au/protect_mound_springs
Public Submissions to the Roxby Downs Select Committee were belatedly released, see at:
parliament.sa.gov.au/en/Committees/Committees -Detail and scroll to:
Roxby Downs (Indenture Ratification) (Amendment of Ratification) Amendment Bill SELECT
