The Brisbane Supreme Court has cleared Glencore of any wrongdoing after allegations of lead poisoning from its Mt Isa smelter.
A Queensland woman filed a civil suit for $5 million in damages, claiming her daughter was left with brain damage and impaired neuropsychological function after living just 3km from the smelter in 2007.
The case swung on three points of law: whether Glencore owed a duty of care to the residents of Mt Isa; whether that duty was breached; and whether the smelter’s emissions were responsible for the daughter’s injuries.
After examining the facts, including underlying health issues affecting the girl, Supreme Court Justice Frances Williams ruled in Glencore’s favour.
A Glencore spokesman said the company would continue to operate in Mt Isa responsibly, making the health and safety of its people and community a priority.
In handing down her decision, Justice Williams declared Glencore had taken “appropriate and reasonable steps” to communicate the dangers of lead exposure to the Mount Isa community and how and risks might be minimised.
Studies conducted in the past also backed the decision, with research concluding there is a relatively low health risk from lead in soil, water and air for most of the Mount Isa community.