Source: PNG National Gazette 1965 Nos. 2 and 13, PNG National Gazette 1966 No. 65 and Bougainville Copper Agreement 1967.

BCL was granted a mining lease of 3,770 ha covering the Mine and processing areas and Panguna township.

Approximately 8 million cubic yards of soft overburden and 26 million tons of waste rock and oxidised material were removed from the Mine site.

Source:  National Archives of Australia file A452, 1969/4502, Letter from the Administration of the Territory of Papua and New Guinea to Mr Espie of BCL dated 27 April 1971 with subject line “Bougainville Copper Project Disposal of Overburden and Tailings” and Bougainville Mining Limited Annual Report 1971.

Following the public listing of BCL on the Australian Securities Exchange, Rio:

• Maintained a controlling interest in BCL of more than 50% of the issued shares.
• Appointed the majority of directors of BCL.

Source: BCL Annual Reports.

Landowners advocated for, among other things:

1. the cancellation of the Bougainville Copper Agreement by the PNG Government;
2. the payment of K10 billion to landowners as compensation for damage to their land and the environment; and
3. ownership of BCL to be transferred to Bougainvillean control.

Due to growing tensions, the PNG Government appointed an independent consulting group, Applied Geology Associates Limited, to review and make recommendations with respect to the social, environmental and economic impacts of the mining operations on landowners and the broader community within the mining lease area.

Source:  BCL Annual Report 1988, p. 9 and Applied Geology Associates Limited, ‘Environmental Socio-Economic Public Health Review: Bougainville Copper Mine, Panguna’ January 1989 pp. 1.3, 7.1-7.5, Appendix II.

It is estimated that, during the violent and protracted civil war, up to 15,000 people lost their lives.

At the time mining activities ceased in 1989, BCL had:

• Removed over 1 billion tonnes of rock from the Mine, including ore, waste rock and unconsolidated overburden.
• Dumped up to 600 million tonnes of uncontrolled tailings and fine overburden into the Jaba-Kawerong river system.
• Left large amounts of solid waste stacked and uncovered in the Kawerong valley.

Source:  Source:  Tetra Tech Coffey, Panguna Mine Legacy Impact Assessment, Preparatory Phase report dated 30 March 2022, pp. 17-18.

It will be alleged that, as at the present date:

• The tailings and fine overburden dumped by BCL into the Jaba-Kawerong river system:
  • Remain in the Affected Area.
  • Are being spread throughout the rivers and adjacent areas through natural processes, impacting areas further down the river system over time.
• The waste rock piles remain uncovered at the Mine site and in the Kawerong valley.
• Metals from the tailings and waste rock continue to leach into the Jaba-Kawerong river system (known as acid rock leakage).

The class action continues to gain substantial support from communities throughout the river valley downstream from the Mine, a region that is alleged to have been devastated by the operations and subsequent abandonment of the Mine.  A significant milestone is reached as the number of Private Class Members grows to over 3,900.  

The Hon. Justice Thomas Anis of the National Court of PNG heard submissions from the lawyers respectively acting for the claimants, Rio and BCL regarding the evidence to be adduced at the hearing of the applications filed by Rio and BCL seeking to dismiss the class action.

The Hon. Justice Anis delivered judgment in relation to Rio’s and BCL’s applications.  His Honour dismissed the class action.  In reaching this decision, Justice Anis made certain technical findings concerning the manner in which the proceedings had been commenced.  His Honour did not rule on the merits of the claims subject of the class action.

A significant milestone is reached as the number of claimants who have signed up to participate in the class action grows to over 8,000.