REGULATION

BHP, Vale closer to Samarco settlement

Preliminary deal for Samarco partners facing $47.5B claim

Kristie Batten

This article is 9 years old. Images might not display.

The agreement with the Federal Prosecutors’ Office in Brazil outlines the process and timeline for the negotiation of a settlement to the massive claim.

Experts will be appointed to advise the prosecutors in relation to the impacts of the dam failure, any revisions to the existing remediation plan, and for the ongoing assessment and monitoring of the programs.

The conclusions of the experts will be considered in the negotiations of a final settlement, which are expected to be finalised by June 30.

As part of the preliminary agreement, Vale and BHP will provide around $675 million as interim security to support ongoing programs.

The security comprises a $245 million charge over Samarco’s assets, $400 million in insurance bonds and $30 million in liquid assets.

Subject to court approval, the security will replace a $370 million injunction issued in a separate civil claim.

BHP and Vale will also have to advance around $60 million of the funding obligations under the existing framework agreement, which was signed in March.

The prosecutors’ application for a $2.4 billion injunction, the freezing of Samarco’s assets and the criminal proceedings launched against the companies and some individuals will be suspended.

However, if a formal settlement isn’t reached by June 30, the action may be reinstated.

BHP said negotiations over a possible restart of Samarco would continue.

Shares in BHP were down by 0.8% to $A26.47.

Expert-led Insights reports and Analytics tools built on robust data, rigorous analysis and expert commentary covering mining Risk, Projects, ESG, Leadership, and Investor Sentiment.

Expert-led Insights reports and Analytics tools built on robust data, rigorous analysis and expert commentary covering mining Risk, Projects, ESG, Leadership, and Investor Sentiment.

editions

ESG Index 2025: Benchmarking the Future of Sustainable Mining

The ESG Index provides an in-depth evaluation of the ESG performance of 60+ of the world’s largest mining companies. It assesses companies across 10 weighted indicators within 6 essential ESG pillars.

editions

Leadership Insights 2025

Leadership Insights reveals key trends in priority mining issues through interviews with 15+ top mining company executives and an industrywide survey.

editions

Mining IQ Risk Analytics

Risk Analytics offers interactive access to World Risk Insight data, allowing you to customise risk views, benchmark jurisdictions, explore data behind scores and read expert commentary to guide your decision-making.

editions

Project Pipeline Index 2025

View our 50 top mining projects, handpicked using a unique, objective selection process from an expanded database of 600+ global assets.