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Australia

BHP found liable in fatal collapse, court rules

BHP, Australia’s largest miner, has been found liable to pay compensation to victims devastated by the collapse of a tailings dam in Brazil in 2015, which killed 19 people, spilled millions of tonnes of waste into a major river system and left hundreds homeless.

Melbourne-based BHP has faced disputes for nearly a decade over its role in the disastrous explosion of the Fundao tailings dam in 2015, widely considered Brazil’s worst-ever environmental disaster.

Houses were left in ruins in Bento Rodrigues, Minas Gerais, Brazil, after the Samarco dam burst on November 5, 2015. Credit: access point

The miner, which co-owns the site through its 50:50 Samarco joint venture, has spent billions of dollars on remediation and compensation, but is also struggling with large-scale lawsuits from people who lost their homes and livelihoods.

On Friday, London’s High Court ruled that BHP was liable to pay compensation to hundreds of thousands of Brazilians affected.

Judge Finola O’Farrell said: “The risk of the dam failing was foreseeable.”

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On Friday, BHP confirmed that the British High Court had found it liable under Brazilian law for the dam failure in 2015. “Any assessment of damages will be determined in future phase two and three trials, which are expected to be completed in 2028 or 2028,” the statement said.

The mining giant said it plans to appeal the court’s decision and will continue to defend the case against it. BHP has supported comprehensive recovery and compensation efforts in Brazil since 2015, including compensation to more than 610,000 people.

Brandon Craig, BHP’s head of mining in the Americas, said on Friday that 240,000 of those who received compensation are plaintiffs in the case in London.

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