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PAST CASE: Supporting Traditional Owners to challenge the notorious McArthur River Mine

Garawa elder Jack Green and Gudanji woman and native title rightsholder Josie Davey Green challenged the NT government’s support for Glencore’s notorious McArthur River zinc lead mine.


Garawa elder, Jack Green and Gudanji woman, native title rightsholder Josie Davey Green and the Garawa, Gudanji, Marra and
Yanyuwa Peoples alongside the Environmental Defenders Office demanded protection of their sacred sites, river and country from the impacts
of the McArthur River Mine.

Case Timeline

December 2023 The case was discontinued
May 2023

The plaintiffs file an appeal with the NT Court of Appeal

April 2023

The court hands down an unsuccessful decision

February 2023

The case is heard in the NT Supreme Court

January 2021

Garawa elder Jack Green and Gudanji woman and native title rightsholder Josie Davey Green file the case 


The Case 

First Nations Peoples have been fighting Glencore’s McArthur River zinc lead mine for decades, with several successful legal challenges already under their belt. 

In 2021, two Traditional Owners, Garawa elder Jack Green and Gudanji woman and native title rightsholder Josie Davey Green, launched a judicial review of the NT government’s decision to reduce the amount of money Glencore needs to put aside to clean up the site. They were supported by the Environment Centre NT, the Environmental Defenders Office, and members of the Grata Fund community.

The open cut mine - which is situated on the traditional lands of the Gudanji people - was polluting the land of the Garawa, Gudanji, Marra and Yanyuwa peoples, their traditional lands and waters and their ancestral estates. The mine has a history of destroying sacred sites, such as the Gudanji site of the Rainbow Serpent as well as waste rock spontaneously combusting. Recent rulings mean that the height of waste rock will block views of Damangani, or Barramundi Dreaming, for the Traditional Owners affecting their custom and cultural practices.

From the outset, the NT government worked with the mine’s owners to prevent the Garawa, Gudanji, Marra and Yanyuwa peoples from having their say about the mine. They were not consulted about the development of the mine or informed of activities that may impact their heritage. An Indigenous Land Use Agreement was never negotiated, denying them the chance to give - or withhold - their consent. 

On a few occasions, Traditional Owners even beat the mine in court - only for the NT government to pass laws that overruled the court’s decision and let the mine go ahead.

The mine is 60km from the predominantly Aboriginal town of Borroloola, and has been dogged by numerous environmental incidents, including ongoing acid pollution from the ‘tailings’ and waste rock. Routine testing has revealed elevated levels of lead in the Garawa community’s water supply. Residents believe that the contamination source was the zinc lead mine, which had previously contaminated the water supply in 2014. Many people no longer feel it is safe to take or drink water from the McArthur River.

“I am hurting so deeply. I worry for my children, and their children. I am fighting for my country,” says Josie Davey Green. “My ancestors spent their lives with that river – it is everything to us, we’re all connected to it.  It is part of us. We feel like we can’t fish there now, and I can’t get there to teach my children about culture and country – I have to go elsewhere.”

The mine is set to close in 2038. Glencore estimates that the site will need to be monitored and maintained for 1,000 years after mining stops. Yet the NT government decided to slash the mine’s environmental bond - money it has to put aside to cover its future clean up costs - from $520 million to $400 million. 

“We don’t trust the mine to clean up the mess properly. We need the bond to protect the river and our country if something goes wrong,” says Jack Green. “The bond wasn’t high enough before – it needed to be doubled at least. It’s not enough to repair the damage they’ve done – that’s why we’re fighting.”

After an almost three year legal battle, Jack and Josie discontinued their case.


Read the 2023 decision handed down by the NT Supreme Court here