The future of resources giant Glencore's McArthur River lead zinc mine depends on whether it can negotiate a new agreement with traditional owners to allow future expansions — potentially interfering with several sacred sites.
NT Heritage Minister Chansey Paech announced in Parliament that he ruled a previous deal Glencore made with six custodians to enable the expansion to go ahead was invalid because up to 180 Aboriginal people with responsibility for sacred sites would have needed to be consulted and give permission.
Mr Paech said the company's plan to double the mine in size over the next 25 years included increasing the size of its pit, raising the height of its tailings dam and increasing its waste rock dump from 80 to 140 metres, up to a sacred site called Damangani, or Barramundi Dreaming.
The NT's sacred sites agency, the Aboriginal Areas Protection Authority (AAPA), warned the minister allowing the dump to be built up to the Barramundi Dreaming risked the possibility that part of the flammable toxic waste pile could subside onto the site, and advised the plan should be rejected.
The agreement would also have allowed an ancient Aboriginal stone tools quarry to be obliterated by part of the dump being built on it.
"I am not satisfied that the agreement was reached between the custodians of Damangiani (Barramundi Dreaming) and Glencore," Mr Paech told Parliament.
"There is a wider group of custodians than the six signatories.
In a statement, Glencore said it remained committed to continuing to develop the mine site "in accordance with its regulatory approvals".
The company is placing its confidence it will be able to do this in new negotiations it has entered into, organised by the Northern Land Council with traditional owners to try to gain an Indigenous Land Use Agreement over the mine site.
"We remain committed to these negotiations and broad consultation with traditional owners on a variety of matters including sacred sites and cultural heritage protection to ensure the benefits of our operations are shared with Traditional Owners and the wider community," Glencore's statement said.
Glencore permitted to continue mining
NT Chief Minister Michael Gunner said Glencore would be allowed to continue mining while negotiations were underway.
Mr Gunner also backed the company's view that it still had enough space left on its mine lease to keep expanding without damaging sacred sites.
"McArthur River Mining had contingency plans, as I understand it, and so they can continue mining with those contingency plans.
"They have provisions in place, and they're a large company, you have redundancies."
'Sites damage not for sale'
The Aboriginal Areas Protection Authority (AAPA) warned that if the government allowed Glencore to keep expanding, the mine could soon be in breach of its approvals.
"Our concern is that the waste rock facility is built to an extent that to wind back or amend the design of it at this stage may be difficult," AAPA chief executive Ben Scambary said.
While traditional owners are pleased the government has committed to protecting their sacred sites and the stone artefacts quarry until any new agreement is made, they say they're deeply concerned about the decision to allow mining to continue for now.
"We are worried that the dump could cave in and damage the Barramundi Dreaming or the artefacts," traditional owner Josie Davey said.
Her husband, Garawa elder Jack Green said: "The government already done that in the past, they let the company go ahead, and this time they need to stand up and say: 'stop mining, until you get a proper agreement'."
Based on precedent, the new negotiations could take years to be completed.
Ms Davey said she and many other traditional owners had already decided permission to destroy their sacred sites won't be for sale.
