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Update – United Kingdom group action
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
BHP Group Limited
Exchange release
12 July 2024
Update – United Kingdom group action
BHP announces that it has entered into an agreement with Vale S.A (Vale) in relation to group action
proceedings in the United Kingdom in respect of the Fundão Dam failure in Brazil.
The Fundão Dam was owned and operated by Samarco, a non-operated joint venture between BHP
Billiton Brasil Ltda (BHP Brasil) (a subsidiary of BHP Group Limited) and Vale. Each of BHP Brasil
and Vale holds 50 per cent of Samarco.
BHP Group Limited and BHP Group (UK) Limited (BHP) are defendants to a group action claim in the
English High Court, brought by over 600,000 claimants seeking damages in relation to the Fundão
Dam failure in 2015 (the English Proceedings). BHP does not consider that it is liable to the
claimants in the English Proceedings and will continue to defend the English Proceedings. BHP
believes the English Proceedings are unnecessary because they duplicate matters already covered
by the existing and ongoing work of the Renova Foundation and legal proceedings in Brazil.
In March 2024 a new claim was filed against Vale and the Dutch subsidiary of Samarco in the
Netherlands on behalf of approximately 78,000 Brazilian claimants for compensation relating to the
Fundão Dam failure (the Netherlands Proceedings). BHP is not a defendant in the Netherlands
proceedings.
BHP, BHP Brasil and Vale have entered into an agreement for BHP and Vale to each pay 50% of any
amounts potentially payable to the claimants in the English Proceedings, the Netherlands
Proceedings and other proceedings in Brazil covered by the agreement without any admission of
liability for these proceedings. The agreement reinforces the terms of the Framework Agreement
entered into in 2016 which require BHP Brasil and Vale to each contribute 50% to the funding of the
Renova Foundation for compensation of persons impacted by the Fundão Dam failure where
Samarco is unable to contribute that funding.
BHP brought a contribution claim against Vale in December 2022 because the English Proceedings
were not brought against Vale. The contribution claim contends that if BHP's defences are not
successful and it is ordered to pay damages to the claimants in the English Proceedings, Vale should
contribute to any amount payable. BHP will withdraw the contribution claim against Vale as it is no
longer necessary given the agreement with Vale.
BHP Brasil remains committed to continue supporting the local remediation efforts in Brazil through
the Renova Foundation. Those efforts have already provided approximately US$3.5 billion in
compensation and direct financial aid in relation to the dam failure to approximately 430,000 people to
31 May 2024.
Authorised for release by Stefanie Wilkinson, Group General Counsel and Group Company Secretary
Sponsor: J.P. Morgan Equities South Africa Proprietary Limited
Contacts
Media Investor Relations
media.relations@bhp.com investor.relations@bhp.com
Australia and Asia Australia and Asia
Gabrielle Notley John-Paul Santamaria
+61 411 071 715 +61 499 006 018
Europe, Middle East and Africa Europe, Middle East and Africa
Neil Burrows James Bell
+44 7786 661 683 +44 7961 636 432
Americas Americas
Renata Fernandaz 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
Date: 12-07-2024 01:14:00
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