Outrage as days given to comment on new BHP deal with govt
An outspoken environmental campaigner has labelled the time period given to scrutinise updates to legislation governing BHP’s Far North operations as a “farce”, the Treasurer saying opponents want to “thwart this investment”.
Environmentalists and Indigenous groups have criticised the government’s proposed bill updating the state’s legislative relationship with mining giant BHP, and slammed the six-working-day timeframe parties were given to make submissions on the changes.
This week, Parliament is set to pass a law formalising an Indenture with BHP, which will govern Olympic Dam and associated mining expansions for the next half-century.
The government signed the agreement with BHP in May, a landmark deal that was expected to modernise the 40-year-old bilateral framework guiding Olympic Dam.
At the time, Premier Peter Malinauskas said the Indenture would “enable better integration of the existing copper production … while establishing a clearer pathway for negotiations for further expansions”.
Changes include commitments to transitioning to the current Aboriginal Heritage Act, water extraction, maximising local jobs and business opportunities, financial assurances and royalties.
BHP is the largest producer of copper globally and currently employs around 8,000 South Australians.
After Malinauskas made the announcement, a Select Committee was established, and a six-working-day public consultation period was set.
You might like
The Committee called witnesses to present evidence, including from the Department of Energy and Mining, BHP, the Department of Energy and Water, Conservation Council of South Australia and the South Australian Chamber of Mines and Energy. The Conservation Council opted not to attend the evidence hearing.
In a Friends of the Earth Adelaide written submission to the Select Committee, the timeframe was described as “ridiculously short”.
“There is considerable community concern about the … rushed and inadequate process,” the submission read.
“This submission is very brief, because the time allowed for review and submission was ridiculously short from 22 May to 1 June 2026 on such matters that are intended to last 50 years.
“It almost appears like the committee are anti-democratic and don’t really want to hear from the residents of South Australia on this topic.
“We also find it unbelievable that the committee will report on 2 June which is the day straight after submissions are due. How can the committee possibly read and digest the contents of submissions in that short time?”
Submissions also raised questions about the impact on the local Indigenous population – the Kokatha people – and their rights.
“The original Indenture Act is viewed by the Kokatha People as the authorisation of destruction of our land and a mechanism [to] drive our people off country without the involvement or consent of Kokatha People,” the Kokatha Aboriginal Corporation submission reads.
Stay informed, daily
Speaking to InDaily, environmental campaigner David Noonan described the process around the bill as a “farce”.
“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,” Noonan said.
“This farce contradicts any claim to due process, to a fair hearing and to integrity in public consultation by our State Government.
“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.”
Energy and Mining Minister Tom Koutsantonis told InDaily that the Indenture was “unanimously approved by a cross-party committee, including representatives from the Liberal Party and One Nation”.
“The proposed amendments modernise the regulatory framework and provide investment certainty that enable investments to expand copper mining and production at Olympic Dam. BHP has forecast capital expenditure up to $25 billion in South Australia over the next 10 years, the majority to significantly increase copper production at the Olympic Dam minesite,” he said.
“There are some critics who do not want to see mining under any circumstances, and who will attempt to hijack this standard parliamentary process as a means to delay and eventually thwart this investment.
“The Indenture legislation is separate to any future assessment processes that would be required by the state government. If or when BHP puts forward a proposal following the passage of the amended Indenture agreement, those assessment processes would include stakeholder consultation.
“The Commonwealth Native Title Act and the determination made pursuant to it in 2014, recognises the Kokatha People as the native title holders. The Indenture does not change that.”
He added the “bill was made public through introduction to parliament at the first opportunity following this agreement on the 19th May 2026″.
“The parliamentary process, including timeframes for consultation, for this hybrid bill are consistent with previous bills of this nature.”
Want to see more stories from InDaily SA in your Google search results?
- Click here to set InDaily SA as a preferred source.
- Tick the box next to "InDaily SA". That's it.
