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	<title>Comments for BHP Billiton Watch</title>
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		<title>Comment on MEDIA RELEASE: Call for BHP Billiton to Halt Congo Smelter, Inga 3 by David</title>
		<link>http://bhpbillitonwatch.net/2010/12/16/media-release-call-for-bhp-billiton-to-halt-congo-smelter-inga-3/#comment-419</link>
		<dc:creator><![CDATA[David]]></dc:creator>
		<pubDate>Sat, 03 Mar 2012 03:03:44 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/?p=270#comment-419</guid>
		<description><![CDATA[It&#039;s sad for my country to miss this opportunity. International River has a wrong wrong wrong conception about the projet of BHP, because this projet will raise the production of electricity, allow DRC export aluminun which it will attract different companies to invest. DRC has got a lot of resource to produce electricity for its popupulation. The projet of BHP is the begin of industrialize of DRC....etc.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s sad for my country to miss this opportunity. International River has a wrong wrong wrong conception about the projet of BHP, because this projet will raise the production of electricity, allow DRC export aluminun which it will attract different companies to invest. DRC has got a lot of resource to produce electricity for its popupulation. The projet of BHP is the begin of industrialize of DRC&#8230;.etc.</p>
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		<title>Comment on BHP Billiton by Is BHP still the Big Australian? &#171; essentialvision.com.au</title>
		<link>http://bhpbillitonwatch.net/bhpbilliton/#comment-409</link>
		<dc:creator><![CDATA[Is BHP still the Big Australian? &#171; essentialvision.com.au]]></dc:creator>
		<pubDate>Wed, 22 Feb 2012 02:39:00 +0000</pubDate>
		<guid isPermaLink="false">#comment-409</guid>
		<description><![CDATA[[...] It’s had its fair share of economic and social controversies too &#8211; not least of them, the Ok Tedi environmental disaster in PNG. You can read more about this at BHP Billiton Watch. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] It’s had its fair share of economic and social controversies too &#8211; not least of them, the Ok Tedi environmental disaster in PNG. You can read more about this at BHP Billiton Watch. [...]</p>
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		<title>Comment on International Campaigns by Wesely</title>
		<link>http://bhpbillitonwatch.net/international-campaigns/#comment-394</link>
		<dc:creator><![CDATA[Wesely]]></dc:creator>
		<pubDate>Thu, 16 Feb 2012 03:41:36 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.wordpress.com/?page_id=35#comment-394</guid>
		<description><![CDATA[With rising copper prices BHPbilliton World Exploration Inc based out of Canada (wholly owned by BHPbilliton) are attempting to revisit the scene of one of BHP’s most celebrated environmental disasters, Papua New Guinea.
The OK Tedi River environmental catastrophe is ongoing today and is likely to have profound consequences on the Ok Tedi and Fly River systems of Western Papua New Guinea for the next two centuries, at least.
After an international outcry over the disaster in the late 90’s (few people realize just how profound that ongoing environment catastrophe really is) BHP departed the nation, tail between legs, slamming the door on fingers of the citizens of that nation by, in effect, extorting from the cash strapped government of Papua New Guinea a total indemnity for their hideous social tort and profound and overt breach of social license.
BHP achieved this by announcing the closure of the mine.
The effect of the closure of the OK Tedi Mine would have completely destroyed Papua New Guinea’s economy, and, of course, BHP was at all material times well aware of the consequences of such a declared intent.
At the same time BHP offered an arrangement whereby the Papua New Guinea government would give a complete indemnity and total immunity from prosecution over the OK Tedi disaster in exchange for BHP handing the disaster (and the OK Tedi Mine) to the PNG government.
The reasons for this disaster are complex. 
The original plans included an Environmental Impact Statement (done by an Australian Consultancy) called for a tailings dam to be built near the mine. 
This would allow heavy metals and solid particles to settle, before releasing the clean ‘high-water’ into the river system where remaining contaminants would be diluted. 
The plan was seriously flawed.
In 1984 an earthquake (common in the area) caused the half built dam to collapse. 
The company continued in developing operations at OK Tedi without any dam.
This was initially because BHP argued with the PNG government that it would be too expensive to rebuild it. 
Subsequently, the cash-strapped PNG government, under huge economic pressure from the closure of the Angina Copper Project on Bougainville, was compelled to agree with BHP or face economic collapse.
In 2010 BHP decided to re-enter PNG and applied for a massive area of exploration license in the Central Highlands of PNG with riverine systems running off in a northward direction into the Sepik River system.
The story, about these applications is rather interesting but to cut a long story short the applications for grant of the tenements were forwarded to the then Minister for Mining, the Honorable John Pundari in mid 2010.
The Minister is on the Public Record as having stated, under parliamentary privilege, and in response to matters raised in parliament, &quot;I personally find it very difficult to allow the return of BHP Billiton into this country, given its legacy with the Ok Tedi mine project” and, the “environmental problems of the Ok Tedi river systems were real and huge, and the company should have looked for remedial solutions instead of making a decision to walk away from them&quot;.
The Honourable Minister went on to say that the failure (by BHP) to provide &quot;real large tangible projects and programs&quot; in the Western province, where Ok Tedi was located, was &quot;an act of cruelty, and we must not continue to condone this type of conduct in this country&quot;, he said.
Clearly, like the rest of the nation, and right thinking people throughout the international community, the Minister was of the view that BHP was, and is not, a good corporate citizen.
There after the Minister rejected BHP&#039;s applications, as he was lawfully entitled to do under Section 20(1) of the Mining Act.
Thereafter as a matter of Law, the matter was closed, finished, end of story, etcetera.
What then happened in the latter part of 2010?
Firstly, there was a change of government and an attendant change of Mining Minister.
BHP then threatened to litigate with the PNG government over the rejection of the tenement applications.
BHP made this threat conditional on the applications not being granted.
The threat was made notwithstanding that BHP had no legal basis for such litigation.
In the context of Section 20(1) of the Mining Act the rejection of the applications was entirely valid under the broad discretions given to the Minister for Mining.
Then, apparently, under the threat of litigation BHP brought improper influence on the Chairman of the Mining Advisory Council, the administrative body responsible for making recommendations to the Minister on matters of grant.
An agreement was reached under color of the threat of litigation and other matters, that the Chairman of the Mining Advisory Council would simply ignore the Ministers decision to reject the applications, and that thereafter they would wait for another person to be appointed as Minister for Mining to, and try again.
This conduct is, OBVIOUSLY, both illegal under the Mining Act, a clear abuse of process, and, a corruption of the independence of the Mineral Resources Authority.
It is also action displaying a completely disrespect and disregard for the lawful authority of the office of the Minister for Mining and due process thereunder.
Needless to say, the Minister for Mining is the only office legally entrusted by parliament with the decision to grant or not grant.
In this case, once the Honorable John Pundari made his decision, and directed that to the Chairman of the Mining Advisory Council, as a matter of Law, that was the end of the matter.
The Chairman was then obliged to simply communicate the Ministers determination to the applicant, BHP.
It needs to also be stated that there is NO review process available to either BHP, nor to the Mining Advisory Council who themselves now have NO JURISDICTION under the Mining Act to re-consider the matter of BHP’s applications under eh doctrine of .
Nor can the Chairman of the Mining Advisory Council ignore the Ministers decision, which he clearly has, apparently, under pressure from BHP. 
In so far as the purported applications have been purportedly re-submitted under pressure by BHP to the office of the Minister for Mining the applications are void, they do not exist, and they are a legal fiction under the doctrine of Functus officio.
However what does BHP care about the law in PNG?
Clearly, BHP cares naught for the Laws of the Independent State of Papua New Guinea!]]></description>
		<content:encoded><![CDATA[<p>With rising copper prices BHPbilliton World Exploration Inc based out of Canada (wholly owned by BHPbilliton) are attempting to revisit the scene of one of BHP’s most celebrated environmental disasters, Papua New Guinea.<br />
The OK Tedi River environmental catastrophe is ongoing today and is likely to have profound consequences on the Ok Tedi and Fly River systems of Western Papua New Guinea for the next two centuries, at least.<br />
After an international outcry over the disaster in the late 90’s (few people realize just how profound that ongoing environment catastrophe really is) BHP departed the nation, tail between legs, slamming the door on fingers of the citizens of that nation by, in effect, extorting from the cash strapped government of Papua New Guinea a total indemnity for their hideous social tort and profound and overt breach of social license.<br />
BHP achieved this by announcing the closure of the mine.<br />
The effect of the closure of the OK Tedi Mine would have completely destroyed Papua New Guinea’s economy, and, of course, BHP was at all material times well aware of the consequences of such a declared intent.<br />
At the same time BHP offered an arrangement whereby the Papua New Guinea government would give a complete indemnity and total immunity from prosecution over the OK Tedi disaster in exchange for BHP handing the disaster (and the OK Tedi Mine) to the PNG government.<br />
The reasons for this disaster are complex.<br />
The original plans included an Environmental Impact Statement (done by an Australian Consultancy) called for a tailings dam to be built near the mine.<br />
This would allow heavy metals and solid particles to settle, before releasing the clean ‘high-water’ into the river system where remaining contaminants would be diluted.<br />
The plan was seriously flawed.<br />
In 1984 an earthquake (common in the area) caused the half built dam to collapse.<br />
The company continued in developing operations at OK Tedi without any dam.<br />
This was initially because BHP argued with the PNG government that it would be too expensive to rebuild it.<br />
Subsequently, the cash-strapped PNG government, under huge economic pressure from the closure of the Angina Copper Project on Bougainville, was compelled to agree with BHP or face economic collapse.<br />
In 2010 BHP decided to re-enter PNG and applied for a massive area of exploration license in the Central Highlands of PNG with riverine systems running off in a northward direction into the Sepik River system.<br />
The story, about these applications is rather interesting but to cut a long story short the applications for grant of the tenements were forwarded to the then Minister for Mining, the Honorable John Pundari in mid 2010.<br />
The Minister is on the Public Record as having stated, under parliamentary privilege, and in response to matters raised in parliament, &#8220;I personally find it very difficult to allow the return of BHP Billiton into this country, given its legacy with the Ok Tedi mine project” and, the “environmental problems of the Ok Tedi river systems were real and huge, and the company should have looked for remedial solutions instead of making a decision to walk away from them&#8221;.<br />
The Honourable Minister went on to say that the failure (by BHP) to provide &#8220;real large tangible projects and programs&#8221; in the Western province, where Ok Tedi was located, was &#8220;an act of cruelty, and we must not continue to condone this type of conduct in this country&#8221;, he said.<br />
Clearly, like the rest of the nation, and right thinking people throughout the international community, the Minister was of the view that BHP was, and is not, a good corporate citizen.<br />
There after the Minister rejected BHP&#8217;s applications, as he was lawfully entitled to do under Section 20(1) of the Mining Act.<br />
Thereafter as a matter of Law, the matter was closed, finished, end of story, etcetera.<br />
What then happened in the latter part of 2010?<br />
Firstly, there was a change of government and an attendant change of Mining Minister.<br />
BHP then threatened to litigate with the PNG government over the rejection of the tenement applications.<br />
BHP made this threat conditional on the applications not being granted.<br />
The threat was made notwithstanding that BHP had no legal basis for such litigation.<br />
In the context of Section 20(1) of the Mining Act the rejection of the applications was entirely valid under the broad discretions given to the Minister for Mining.<br />
Then, apparently, under the threat of litigation BHP brought improper influence on the Chairman of the Mining Advisory Council, the administrative body responsible for making recommendations to the Minister on matters of grant.<br />
An agreement was reached under color of the threat of litigation and other matters, that the Chairman of the Mining Advisory Council would simply ignore the Ministers decision to reject the applications, and that thereafter they would wait for another person to be appointed as Minister for Mining to, and try again.<br />
This conduct is, OBVIOUSLY, both illegal under the Mining Act, a clear abuse of process, and, a corruption of the independence of the Mineral Resources Authority.<br />
It is also action displaying a completely disrespect and disregard for the lawful authority of the office of the Minister for Mining and due process thereunder.<br />
Needless to say, the Minister for Mining is the only office legally entrusted by parliament with the decision to grant or not grant.<br />
In this case, once the Honorable John Pundari made his decision, and directed that to the Chairman of the Mining Advisory Council, as a matter of Law, that was the end of the matter.<br />
The Chairman was then obliged to simply communicate the Ministers determination to the applicant, BHP.<br />
It needs to also be stated that there is NO review process available to either BHP, nor to the Mining Advisory Council who themselves now have NO JURISDICTION under the Mining Act to re-consider the matter of BHP’s applications under eh doctrine of .<br />
Nor can the Chairman of the Mining Advisory Council ignore the Ministers decision, which he clearly has, apparently, under pressure from BHP.<br />
In so far as the purported applications have been purportedly re-submitted under pressure by BHP to the office of the Minister for Mining the applications are void, they do not exist, and they are a legal fiction under the doctrine of Functus officio.<br />
However what does BHP care about the law in PNG?<br />
Clearly, BHP cares naught for the Laws of the Independent State of Papua New Guinea!</p>
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		<title>Comment on MEDIA: Aboriginal uranium mines protesters target BHP by Phillip Mabona</title>
		<link>http://bhpbillitonwatch.net/2010/11/16/media-aboriginal-uranium-mines-protesters-target-bhp/#comment-335</link>
		<dc:creator><![CDATA[Phillip Mabona]]></dc:creator>
		<pubDate>Tue, 17 Jan 2012 06:20:32 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/?p=167#comment-335</guid>
		<description><![CDATA[I stay in Mpumalanga Ogies apprx 1 hour 4rom Jhb  Bhp opened it&#039;s mine without the community&#039;s consent 2kilometres away from the residential area with blastings, dust houses r cracking we complained 2 them bt nothing is been done. Where&#039;s the justice.]]></description>
		<content:encoded><![CDATA[<p>I stay in Mpumalanga Ogies apprx 1 hour 4rom Jhb  Bhp opened it&#8217;s mine without the community&#8217;s consent 2kilometres away from the residential area with blastings, dust houses r cracking we complained 2 them bt nothing is been done. Where&#8217;s the justice.</p>
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		<title>Comment on MEDIA RELEASE: Call for BHP Billiton to Halt Congo Smelter, Inga 3 by The Congo and Conflict Minerals: Part 1, The Source &#124; Organic Soul</title>
		<link>http://bhpbillitonwatch.net/2010/12/16/media-release-call-for-bhp-billiton-to-halt-congo-smelter-inga-3/#comment-330</link>
		<dc:creator><![CDATA[The Congo and Conflict Minerals: Part 1, The Source &#124; Organic Soul]]></dc:creator>
		<pubDate>Fri, 13 Jan 2012 10:15:59 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/?p=270#comment-330</guid>
		<description><![CDATA[[...] The Congo, officially known as the Democratic Republic of the Congo, is the world&#8217;s fifth largest producer of coltan, and it is also a major producer of earlier mentioned tin and Tungsten &#8211; these make up the &#8220;3 T&#8217;s&#8221;. The country is of notable size, spanning some 905,567 square miles. (For reference, just think of Texas, California, Montana, New Mexico, Arizona, Nevada and Colorado all combined.) Just in terms of small scale mining, the industry behind these minerals involves some “10 million people&#8221; or 16 percent of  the Congolese population, which stands at 71 million &#8211; the 11th largest in the world. With such rich natural resources and large population, it is difficult to understand why this is one of the most underdeveloped countries in the world. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] The Congo, officially known as the Democratic Republic of the Congo, is the world&#8217;s fifth largest producer of coltan, and it is also a major producer of earlier mentioned tin and Tungsten &#8211; these make up the &#8220;3 T&#8217;s&#8221;. The country is of notable size, spanning some 905,567 square miles. (For reference, just think of Texas, California, Montana, New Mexico, Arizona, Nevada and Colorado all combined.) Just in terms of small scale mining, the industry behind these minerals involves some “10 million people&#8221; or 16 percent of  the Congolese population, which stands at 71 million &#8211; the 11th largest in the world. With such rich natural resources and large population, it is difficult to understand why this is one of the most underdeveloped countries in the world. [...]</p>
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		<title>Comment on BHP AGM &#8211; A Big barrel of laughs and 2o proxies by melbourneprotests</title>
		<link>http://bhpbillitonwatch.net/2011/11/17/bhp-agm-a-big-barrel-of-laughs-and-2o-proxies/#comment-231</link>
		<dc:creator><![CDATA[melbourneprotests]]></dc:creator>
		<pubDate>Sat, 19 Nov 2011 22:47:18 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/?p=327#comment-231</guid>
		<description><![CDATA[Video of Uncle Kevin speaking outside the AGM - 
http://youtu.be/Oe_CT3vw4t0  
and some snippets from the musical interludes -
http://youtu.be/BaXKET7pCIw]]></description>
		<content:encoded><![CDATA[<p>Video of Uncle Kevin speaking outside the AGM &#8211;<br />
<a href="http://youtu.be/Oe_CT3vw4t0" rel="nofollow">http://youtu.be/Oe_CT3vw4t0</a><br />
and some snippets from the musical interludes -<br />
<span style="text-align:center; display: block;"><a href="http://bhpbillitonwatch.net/2011/11/17/bhp-agm-a-big-barrel-of-laughs-and-2o-proxies/"><img src="http://img.youtube.com/vi/BaXKET7pCIw/2.jpg" alt="" /></a></span></p>
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		<title>Comment on WESTERN AUSTRALIA: Yeelirrie &#8216;Wanti &#8211; Uranium leave it in the ground&#8217; by Liberty</title>
		<link>http://bhpbillitonwatch.net/2010/11/18/western-australia-yeelirrie-wanti-uranium-leave-it-in-the-ground/#comment-172</link>
		<dc:creator><![CDATA[Liberty]]></dc:creator>
		<pubDate>Tue, 27 Sep 2011 07:42:40 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/?p=224#comment-172</guid>
		<description><![CDATA[Unparalleled accrcuay, unequivocal clarity, and undeniable importance!]]></description>
		<content:encoded><![CDATA[<p>Unparalleled accrcuay, unequivocal clarity, and undeniable importance!</p>
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		<title>Comment on BHP BILLITON WATCH: Recommendations by There’s always more information out there… &#124; katoka.com.au</title>
		<link>http://bhpbillitonwatch.net/bhpbilliton/bhp-billiton-watch-recommendations/#comment-165</link>
		<dc:creator><![CDATA[There’s always more information out there… &#124; katoka.com.au]]></dc:creator>
		<pubDate>Tue, 20 Sep 2011 23:04:06 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/#comment-165</guid>
		<description><![CDATA[[...] For example on the BHP Billiton Watch website it is claimed that, “community members complain about the painfully slow pace of relocation arrangements, of bad faith....&#8221; [...]]]></description>
		<content:encoded><![CDATA[<p>[...] For example on the BHP Billiton Watch website it is claimed that, “community members complain about the painfully slow pace of relocation arrangements, of bad faith&#8230;.&#8221; [...]</p>
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		<title>Comment on THE PHILIPPINES: Pujada (Hallmark) Nickel Laterite Project profile by Pujada Nickel Project: Mining locked between two Protected Area - AlindanawAlindanaw</title>
		<link>http://bhpbillitonwatch.net/2009/10/21/pujada-hallmark-nickel-laterite-project-profile/#comment-164</link>
		<dc:creator><![CDATA[Pujada Nickel Project: Mining locked between two Protected Area - AlindanawAlindanaw]]></dc:creator>
		<pubDate>Sun, 18 Sep 2011 13:46:18 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.wordpress.com/?p=22#comment-164</guid>
		<description><![CDATA[[...] Watch an international group monitoring human use of natural resources like mining activity, the Pujada Nickel Project is among the offspring of the former administration’s move to enhance the mining culture in the [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Watch an international group monitoring human use of natural resources like mining activity, the Pujada Nickel Project is among the offspring of the former administration’s move to enhance the mining culture in the [...]</p>
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		<title>Comment on Alternative Annual Reports by underminingsustainability</title>
		<link>http://bhpbillitonwatch.net/bhpbilliton/alternative-annual-reports/#comment-141</link>
		<dc:creator><![CDATA[underminingsustainability]]></dc:creator>
		<pubDate>Mon, 15 Aug 2011 08:44:46 +0000</pubDate>
		<guid isPermaLink="false">http://bhpbillitonwatch.net/#comment-141</guid>
		<description><![CDATA[Hi Reana, the links appears to be working, have you tried downloading from the image at the side of the page? If you have any more troubles please email bhpbillitonwatch@gmail.com and I will email it to you.]]></description>
		<content:encoded><![CDATA[<p>Hi Reana, the links appears to be working, have you tried downloading from the image at the side of the page? If you have any more troubles please email <a href="mailto:bhpbillitonwatch@gmail.com">bhpbillitonwatch@gmail.com</a> and I will email it to you.</p>
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