Protest to stop the Jabiluka Mine. Photo: Clive Hyde.
opposed to projects in their territories. The case is of particular importance given the company’s
commitment to seeking FPIC in its 2012 policy. Rio Tinto is the majority shareholder in Energy
Resources of Australia (ERA) which has an operating uranium mine, the Ranger mine, also located
in Mirarr territory. Therefore, it is also relevant to consider the Ranger mine in the broader context of
the company’s engagement with the Mirarr people.
Jabiluka Project:
Rio Tinto did not acquire an interest in ERA and thus the Jabiluka lease until 2000. However it is
important to understand the history of the Jabiluka project from the outset in order to fully appreciate
the perspective of the Mirarr and the context of their subsequent engagement with Rio Tinto in
relation to Jabiluka. The role of Rio Tinto is also better understood when contrasted to events prior
to 2000.
The 1976 Aboriginal Land Rights Act requires the consent of traditional land owners prior to the
authorization of mining in their territories. That legislation provides for obtaining consent with a
centralised bureaucracy, a land council, having the exclusive roles of identifying, consulting and
representing the Traditional Owners.
In 1982, Mirarr approval was formally given through the Northern Land Council, and an agreement
entered into between Pancontinental Mining Ltd, Getty Oil Development Ltd and the Traditional
Owners in relation to the Jabiluka mine. This ‘consent’ was subsequently rejected by Traditional
Owners as flawed and invalid, having been granted, in the midst of what the Mirarr have described
as ‘confusion and unconscionable pressure’.159 The Northern Land Council later in turn informed
Energy Resources of Australia (ERA), which purchased the project in 1991, that the traditional land
owners objected to the project. By this time, the mining lease had been granted on the basis of the
agreement with the Northern Land Council.
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Making Free, Prior and Informed Consent a Reality