Glencore wins Mount Isa lead contamination case

afr.com:

Glencore has won a landmark legal test of its ability to run copper and lead smelters in the middle of a city, after a Queensland mother failed to prove the Mount Isa lead smelter caused injury to her daughter.

Sharnelle Seeto had sought compensation in the Brisbane Supreme Court for disabilities incurred by her daughter Bethany Sanders, alleging that time spent living close to Glencore’s Mount Isa smelter in 2007 had contributed to her brain damage and impaired neuropsychological function.

Glencore’s smelters dominate the skyline in Mt Isa. Alamy

The case largely focused on three points of law; whether Glencore had a duty of care to Mount Isa residents, whether Glencore breached any duty of care and whether emissions from the smelter caused Ms Sanders’ injuries.

Justice Frances Williams found in Glencore’s favour on all three points, declaring that Glencore took “appropriate and reasonable steps” to inform Mount Isa residents of the risks posed by lead contamination and how to minimise those risks.

Justice Williams accepted medical evidence that other health factors, such as iron deficiency anaemia, had contributed to Ms Sanders’ disabilities.

“Ultimately, the plaintiff has not established legal or factual causation. The plaintiff has not established that the plaintiff’s injury was caused by the pleaded alleged breach by the defendants,” said Justice Williams.

The parties have been given until September 8 to make submissions on how costs should be apportioned.

Mount Isa produced 114,500 tonnes of lead in 2022, about 14 per cent less than the volume produced in 2021.

Copper, silver and zinc volumes from Mount Isa were 23 per cent, 11 per cent and 12 per cent lower respectively.

Glencore said in its annual report that