Court blow to Yabulu reopening

PLANS to reopen Yabulu nickel refinery have struck a snag with Glencore terminating the QNI joint venture’s Townsville port berth licence and the Supreme Court ruling the joint venture’s equipment can be removed from the berth.

The Supreme Court delivered a judgment on November 20 into an application by Glencore’s Mount Isa Mines Ltd.

Mount Isa Mines holds a long- term lease over berth two at the port and granted a licence to Queensland Nickel in 1994 to use the berth for the loading and unloading of nickel ore and refined nickel.

Queensland Nickel was placed in liquidation in April, 2016.

According to the judgment, the QNI joint venture failed to pay harbour dues since March 2016, leading to Mount Isa Mines terminating the berth licence agreement.

Mount Isa Mines sought a declaration to remove QNI equipment including utility vehicle, truck, two excavators, a Bobcat, two rail- mounted hoppers and a large magnetic wharf conveyor system.

Judge Atkinson issued orders including a declaration that the equipment may be lawfully dismantled, removed and delivered to QNI’s premises at Yabulu.

Judge Atkinson also dismissed a stay application by QNI and ordered the joint venture companies pay MIM costs, including damages of $ 270,215.