BHP GROUP LIMITED - Response to media commentary regarding Samarco

Response to media commentary regarding Samarco

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
26 January 2024



Response to media commentary regarding Brazil Federal Court decision

BHP notes the recent media commentary regarding a decision by the Federal Court of Brazil in
relation to the BRL$155 billion (approximately US$32 billion) Federal Public Prosecution Office claim.

As previously disclosed in BHP's 2023 Annual Report, in May 2016, Brazil's Federal Public
Prosecution Office (and 18 other public entities) filed a public civil claim against Samarco Mineração
S.A. (Samarco), Vale S.A. (Vale) and Billiton Brasil Ltda (BHP Brasil) seeking BRL$155 billion
(approximately US$43 billion at the time) for reparation, compensation and collective moral damages
in relation to the failure of the Fundão tailings dam on 5 November 2015.
The Fundão tailings dam was operated by Samarco, a non-operated joint venture owned by BHP
Brasil (a subsidiary of BHP Group Limited) and Vale. BHP Brasil and Vale each hold a 50 per cent
interest in Samarco.

On 16 October 2023, an interlocutory motion was filed by the Brazilian Federal Prosecutors in the
Federal Prosecution Office claim seeking the early payment of collective moral damages, which is one
of the categories of damages sought in the BRL$155 billion claim. The media commentary reports
that the Federal Court of Brazil issued an interlocutory decision quantifying collective moral damages
arising from the Fundão tailings dam failure in the amount of BRL$47.6 billion (US$9.7 billion)
(excluding interest and inflation from the date of the dam failure) and ordering Samarco, Vale and
BHP Brasil to pay these damages, when any and all appeals are finally determined.

BHP Brasil has not been served with a decision by the Court and will review the decision to assess its
implications, the potential for an appeal and any potential impact to the Group's provision related to
the Samarco dam failure. Since early CY2021, the parties have been engaging in negotiations to
seek a settlement of obligations under the Framework Agreement and BRL$155bn Federal Public
Prosecution Office claim and the negotiations are expected to resume in February 2024.

As disclosed in BHP's 2023 Annual Report, the Group's provision related to the Samarco dam failure
is US$3.7 billion as at 30 June 2023. Further details of the Group's provisions and contingent
liabilities related to the Fundão tailings dam failure (including the Federal Public Prosecution Office
claim) are set out in the Group's financial statements for the year ended 30 June 2023.
BHP Brasil is fully committed to supporting the extensive ongoing remediation and compensation
efforts in Brazil through the Fundação Renova, which is a not-for-profit, private foundation that was
established following the Fundão tailings dam failure to implement 42 remediation and compensatory
programs in Brazil.

Authorised for release by Stefanie Wilkinson, Group Company Secretary.
Sponsor: J.P. Morgan Equities South Africa Proprietary Limited




BHP Group Limited ABN 49 004 028 077
 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




BHP Group Limited ABN 49 004 028 077

Date: 26-01-2024 01:30:00
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