Form 6-K - Report of foreign issuer [Rules 13a-16 and 15d-16]

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

Form 6-K

REPORT OF FOREIGN PRIVATE ISSUER

PURSUANT TO RULE 13a-16 OR 15d-16

UNDER THE SECURITIES EXCHANGE ACT OF 1934

14 November 2024

 

 

BHP GROUP LIMITED

(ABN 49 004 028 077)

(Exact name of Registrant as specified in its charter)

VICTORIA, AUSTRALIA

(Jurisdiction of incorporation or organisation)

171 COLLINS STREET, MELBOURNE,

VICTORIA 3000 AUSTRALIA

(Address of principal executive offices)

Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F: ☒ Form 20-F ☐ Form 40-F

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): ☐

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): ☐

Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934: ☐ Yes ☒ No

If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): n/a

 

 

 

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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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Contacts
Media [e-mail]		Investor Relations [e-mail]
Australia and Asia Josie Brophy [phone]		Australia and Asia John-Paul Santamaria [phone]
Europe, Middle East and Africa Gabrielle Notley [phone]		Europe, Middle East and Africa James Bell [phone]
Americas Renata Fernandez [phone]		Americas Monica Nettleton [phone]
BHP Group Limited ABN 49 004 028 077 LEI WZE1WSENV6JSZFK0JC28 Registered in Australia Level 18, 171 Collins Street Melbourne Victoria 3000 Australia Tel: [phone] Fax: [phone] BHP Group is headquartered in Australia
bhp.com

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SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

						BHP Group Limited
Date: November 14, 2024				By:		/s/ Stefanie Wilkinson
				Name:		Stefanie Wilkinson
				Title:		Group General Counsel and Group Company Secretary

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