Energy Resources Australia Takes Legal Action Over Jabiluka Mine Lease Rejection
Energy Resources Australia (ERA), a mining company majority-owned by Rio Tinto, has launched legal action against the Commonwealth and Northern Territory governments over the rejection of its application to extend the lease for the Jabiluka uranium mine.
The Jabiluka site, located near Kakadu National Park, holds one of the world's largest and richest uranium deposits. ERA has held the lease since 1991 but has never mined or developed the site.
In June 2023, the Northern Territory government rejected ERA's application for a 10-year lease extension. Subsequently, ERA filed legal proceedings in the Federal Court against the Commonwealth, federal Resources Minister Madeleine King, the Northern Territory, NT Mining Minister Mark Monaghan, and the Jabiluka Aboriginal Land Trust.
ERA is seeking a judicial review of the renewal decision, claiming it was denied procedural fairness and natural justice in the decision-making process. The company also believes the decisions were unreasonable and contained other defects.
The Jabiluka lease is due to expire on August 11, 2023. The federal government has indicated its intention to formally absorb the site into Kakadu National Park.
ERA is seeking an interlocutory injunction to prevent the lease expiration from taking effect. An independent board committee will represent ERA in the legal proceedings.
Mirarr traditional owners have consistently opposed the potential mining of Jabiluka, located 275 kilometers east of Darwin. The original lease granted in the 1980s sparked waves of protests led by traditional owners.
ERA previously operated the nearby Ranger uranium mine from 1981 to 2021, a decision that also triggered protests. The company is currently rehabilitating the Ranger mine at a cost exceeding $2.4 billion.
ERA initially had approval to mine Jabiluka but chose to halt development due to significant opposition from Mirarr traditional owners.