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Sierra Club History
International Campaigns: Australia

Decision of the Third Extraordinary Session of the World Heritage Committee

12 July 1999, Kakadu National Park (Australia)

1. The Committee,

(a) Emphasizes the importance of Articles 4, 5, 6, 7 and 11 of the 1972 UNESCO World Heritage Convention. In particular the Committee emphasizes Article 6 (1) which states that:

Whilst fully respecting the sovereignty of the States on whose territory the cultural and natural heritage (Ö) is situated, and without prejudice to property right provided by national legislation, the States Parties to this Convention recognize that such heritage constitutes a world heritage for whose protection it is the duty of the international community as a whole to co- operate.

(b) Recalls that the twenty-second session of the World Heritage Committee in Kyoto (1998) expressed ěgrave concernî over the ascertained and potential dangers to the World Heritage cultural and natural values of Kakadu National Park posed by the proposal for uranium mining and milling at Jabiluka;

(c) Notes that the deliberations of the twenty-third session of the Bureau and of the third extraordinary session of the Committee demand the continuous serious consideration of the conditions at Kakadu National Park by the Committee with reference to Section III, in particular Paragraph 86 of the Operational Guidelines for the Implementation of the World Heritage;

(d) Expresses its deep regret that the voluntary suspension of construction of the mine decline at Jabiluka until the twenty-third session of the Committee (requested by the twenty-second session of the Committee) has not taken place;

(e) Is gravely concerned about the serious impacts to the living cultural values of Kakadu National Park posed by the proposal to mine and mill uranium at Jabiluka. The Committee is of the opinion that confidence and trust building through dialogue are crucial for there to be any resolution of issues relating to the proposal to mine and mill uranium at Jabiluka. In particular, a more substantial and continuous dialogue needs to be established between the Australian Government and the traditional owners of the Jabiluka Mineral Lease, the Mirrar Aboriginal people;

(f) Is concerned about the lack of progress with the preparation of a cultural heritage management plan for Jabiluka;

(g) Continues to have significant reservations concerning the scientific uncertainties relating to mining and milling at Jabiluka.

2. The Committee,

(a) Recognizes, with appreciation, that the Australian Government, Australian Supervising Scientist, advisory bodies (IUCN, ICOMOS and ICCROM) and independent scientific panel (ISP) established by the International Council of Science (ICSU) have provided the reports requested by the twenty-second session of the Committee (Kyoto, 1998);

(b) Acknowledges that there are indications that a new dialogue between the Mirrar Aboriginal people and the Australian Government has begun in relation to issues concerning the Jabiluka uranium mine and mill. The Committee considers this to be an essential step in finding a constructive solution to the issues raised by the UNESCO mission to Kakadu National Park and encourages the Australian Government to intensify their efforts in this regard and pursue with vigor the deepening of its dialogue with the Mirrar Aboriginal people;

(c) Notes that the Australian Government has stated (in document WHC-99/CONF.205/INF.3G entitled ěProtecting Kakadu National Parkî submitted by the Australian Government) that ěfull scale commercial mining at Jabiluka would only be reached about 2009 following the scaling down of production at the Ranger mine so that two mines would not be in full production simultaneouslyî. The Committee further notes that the Minister for Environment and Heritage has stated that there shall be no parallel commercial scale operation of the Ranger and Jabiluka uranium mines located in enclaves surrounded by, but not included, in Kakadu National Park. The Committee considers that it is the clear responsibility of the Australian Government to regulate the activities of a private company, such as Energy Resources of Australia, Inc, in relation to the proposed mining and milling activities at Jabiluka to ensure the protection of the World Heritage values of Kakadu National Park;

(d) Notes that the Australian Supervising Scientist (ASS) has assessed the report of the independent scientific panel (ISP) established by the International Council of Science (ICSU) and seeks a dialogue with the ISP to resolve outstanding questions relating to scientific issues concerning mining and milling at Jabiluka.

3. With consideration of 1 and 2 above, the Committee will remain vigilant in reviewing and assessing the progress made by the Australian Government. To this end the Committee requests that the Australian Government submit a progress report on the following issues by 15 April 2000 for examination by the twenty-fourth session of the Bureau of the World Heritage Committee:

(a) progress made with cultural mapping of the Jabiluka Mineral Lease and the Boyweg-Almudj site and its boundaries and the completion of the cultural heritage management plan with the necessary co-operation of the Mirrar, and appropriate involvement of other stakeholders and ICOMOS and ICCROM;

(b) progress in the implementation, in response to the Kakadu Region Social Impact Study (KRSIS), of a comprehensive package of social and welfare benefits, together with the Northern Territory Government, for the benefit of the Aboriginal communities of Kakadu (including the Mirrar);

(c) more precise details of the output and scale of any parallel activities at the Ranger and Jabiluka uranium mines as well as on any legal provisions taken in that respect.

4. To resolve the remaining scientific issues, such as those raised in the ISP report, the Committee asks ICSU to continue the work of the ISP (with the addition of any additional members) to assess, in co-operation with the Supervising Scientist and IUCN, the Supervising Scientistís response to the ISP report. The report of the ISPís assessment should be submitted to the World Heritage Centre by 15 April 2000 for examination by the twenty-fourth session of the Bureau of the World Heritage Committee in 2000.


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