REG - BHP Group Limited - Samarco update - Acquittal of criminal charges

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14/11/2024 15:45

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RNS Number : 3188M  BHP Group Limited  14 November 2024

Exchange release

14 November 2024

 

Samarco update - Acquittal of criminal charges

BHP notes the recent media commentary regarding a decision by the Lower
Federal Court of Ponte Nova, Minas Gerais (Federal Court) in relation to
criminal charges filed in connection with the failure of Samarco's Fundão
tailings dam on 5 November 2015.

The media commentary reports that the Federal Court has ruled that Samarco
Mineração S.A. (Samarco), BHP Billiton Brasil Ltda. (BHP Brasil), Vale S.A.
(Vale), and VogBR (Samarco's independent consultant involved in the
maintenance of the tailings dam) (together, the Companies) are not liable for
criminal offences relating to the failure of Samarco's Fundão tailings dam.
 

This decision relates to criminal charges filed by the Federal Prosecutors'
Office in Brazil on 20 October 2016 against the Companies and certain
individuals affiliated with the Companies (Individuals) in the Federal Court
in relation to the failure of Samarco's Fundão dam.

BHP Brasil will consider the decision by the Federal Court once it has been
served with the decision to assess implications and any next steps.

The media commentary reports that the Federal Court concluded that the
evidence did not support any causal link between the Companies and the failure
of the Fundão dam and also found that the Individuals affiliated with
Samarco, Vale and VogBr are not liable for criminal offences relating to the
dam failure.

On 25 October 2024, BHP announced the US$31.7 billion agreement between the
Federal Government of Brazil, the State of Minas Gerais, the State of
Espírito Santo, the public prosecutors and public defenders (Public
Authorities) and Samarco, BHP Brasil and Vale which settles the Framework
Agreement obligations, the Federal Public Prosecution Office civil claim and
other claims by the Public Authorities relating to the dam failure (the
Agreement). The Agreement delivers a full and final settlement of the
Framework Agreement obligations, the Federal Public Prosecution Office civil
claim and other claims by the Public Authorities relating to the dam failure
and is separate to these criminal proceedings.

As shareholders in Samarco, BHP Brasil and Vale have always been fully
committed to supporting the extensive ongoing remediation and compensation
efforts in Brazil. BHP Brasil will continue to focus on supporting the
long-term recovery of the communities and environment affected by the dam
failure.

 

Authorised for release by Stefanie Wilkinson, Group General Counsel and Group
Company Secretary.

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 Europe, Middle East and Africa               Europe, Middle East and Africa

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 Americas                                     Americas

 Renata Fernandez                             Monica Nettleton

 +56 9 8229 5357                              +1 (416) 518-6293
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