MEDIA RELEASE
Right to Demonstrate and Protest at Lake Cowal Upheld
The New South Wales Supreme Court upheld the right to protest and demonstrate outside the controversial Lake Cowal gold mine today.
In a Supreme Court bail hearing, Justice Adams commented that he was doubtful of the propriety of the bail condition that excluded protestors, arrested and charged at Easter 2006, from going to the mine fence. He removed the bail condition that these protestors could not go within 1 kilometre from the mine.
The Crown agreed that the offence, with which the protestors had been charged, of "entering inclosed land" and with a maximum fine of $500, was trivial.
The five protestors, Eleanor Gilbert, Gordon Duguid, Tiago Friere, Paul Kimball and Benny Zable were arrested and charged with entering "inclosed lands" at the Lake Cowal mine. Originally the bail conditions of four of the protestors precluded them from going within 5 kilometres of the mine. A West Wyalong magistrate reduced this distance to 1 kilometre last year. At the time of his arrest, Mr Zable refused to accept the bail conditions, however, last year the magistrate also included the 1 kilometre exclusion zone in his conditions.
"The decision today was a significant win for the right to protest and free speech in a democracy," Eleanor Gilbert said.
"It shows Bland Shire Mayor David Bolte's dismissive comments on this Easter's Lake Cowal protests are nothing but hot air.
"We are not losing the battle at all. Our actions continue to gain international and national attention. We are achieving our goals of raising awareness about the dangers of gold mining that is driven by greed and damages the environment.
"The mine is desecrating an Aboriginal sacred site, destroying Aboriginal objects and artefacts, including marked trees. In the worst drought on record, the gold mine has created an unnecessary, massive overuse of water (up to 17 megalitres per day) that should be kept for local communities, towns and farms.
"Lake Cowal is a valuable and internationally significant wetland. The open cut mine, which extends into its western edge, will leave a pit 1 kilometre long, 825 metres wide and 325 metres deep that will eventually be filled with mine wastes, threatening the local ecology.
"Despite assurances of many mining companies the world has seen many toxic spills from gold mines. One gram of cyanide can kill a human being. A container load holds up to 20 tonnes of cyanide—more than enough to kill the entire Australian population. Each year more than 6000 tonnes of cyanide are freighted to Lake Cowal by rail and road from far away Queensland, even through the most built up areas in western Sydney. Gold mines leak cyanide and other toxic wastes into the environment. This has happened at the Kalgoorlie Superpit, in Western Australia, which Barrick has a half share in with Newmont.
"Barrick Gold negotiated with five unauthorised Wiradjuri, who do not represent the more than 30 000 majority, even though the company was notified by registered mail that their agreement could be challenged.
"This unauthorised group's native title claim over Lake Cowal was subsequently withdrawn, however, the claim of the Mooka/Kalara United Families, who number up to 4000 people is proceeding to determination. These traditional Wiradjuri, with bloodlines to Country, invite supporters onto their traditional lands. In fact the protestors are so concerned and passionate about the dangers of gold mining that they come to Wiradjuri convergences from all States and many overseas countries. Top Australian environmental students have shown that they are prepared to risk arrest to make these points.
"Mayor Bolte claims the mine has brought many benefits to West Wyalong. Given Barrick's enormous global profits, the return to Australians is insignificant but the mine's toxic legacy will live on for generations. Although some local Aboriginal people have jobs at the mine, most of them are cleaning jobs, two days per week of which are funded under the Community Development Employment Program (CDEP) on which people can only work for a year.
"Bolte also claims that the company has met all the requirements of its development application, but the goal posts of New South Wales law have been moved to accommodate Barrick.
"Early on Barrick was proceeding with exploratory drilling without permits and was using stock, grazing and household water pumped from the Murrumbidgee to lubricate drilling rigs until Traditional Owner Neville Williams challenged them. At one stage, the company also did not have National Parks and Wildlife consents to destroy Aboriginal artefacts until forced to obtain them.
"There's a lot more about Barrick that people just don't know, but it is gradually being revealed on the websites of international groups such as CorpWatch, the struggles of other Aboriginal people and their supporters in many countries and through our own efforts.
"Bolte's comments and the 10-kilometre restriction on protestors arrested at Lake Cowal this Easter Sunday (8 April 2007) are demonstrably absurd," Ms Gilbert said.
Contact: Ellie Gilbert 0421 795 639
Some Useful Websites:
Save Lake Cowal: http://www.savelakecowal.org
Rainforest Information Centre: http://www.rainforestinfo.org.au
Friends of the Earth (Australia): http://www.foe.org.au
CorpWatch: http://www.corpwatch.org
Mines and Communities: http://www.minesandcommunities.org
12 April 2007