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Samarco update - Acquittal of criminal charges
BHP Group Limited
BHP Group Limited ABN 49 004 028 077
Registered in Australia
Registered Office: Level 18, 171 Collins Street Melbourne VIC 3000
Share code: BHG
ISIN: AU000000BHP4
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.
BHP Group Limited ABN 49 004 028 077
Authorised for release by Stefanie Wilkinson, Group General Counsel and Group Company Secretary.
Sponsor: J.P. Morgan Equities South Africa Proprietary Limited
Contacts
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Gabrielle Notley James Bell
+61 411 071 715 +44 7961 636 432
Americas Americas
Renata Fernandez Monica Nettleton
+56 9 8229 5357 +1 (416) 518-6293
BHP Group Limited
ABN 49 004 028 077
LEI WZE1WSENV6JSZFK0JC28
Registered in Australia
Level 18, 171 Collins Street
Melbourne
Victoria 3000 Australia
Tel: +61 1300 55 4757 Fax: +61 3 9609 3015
BHP Group is headquartered in Australia
bhp.com
BHP Group Limited ABN 49 004 028 077
Date: 15-11-2024 07:05:00
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