Samarco’s operations have been suspended since November last year due to the tailings dam collapse which killed 17 and left hundreds homeless.

BHP, which owns 50% of the mine with partner Vale, said the iron ore operation would only be restarted once it was safe to do so, and when all regulatory approvals had been received.

Two weeks ago, the partners were dealt a blow when a Brazilian court reinstated a 20 billion real ($US6.2 billion) civil claim against them.

BHP and Vale reached a $US2.4 billion settlement with Brazilian authorities in March, suspending the earlier 20 billion real claim.

The settlement agreement was ratified by Brazil’s Federal Court of Appeal in early May, but the Federal Prosecutors’ Office successfully appealed the ratification.

BHP said it would appeal the decision.

“We believe the framework agreement sets out the best way forward to respond to this tragedy and BHP Billiton Brasil will continue to consult with affected communities and authorities and provide updates on the progress,” BHP chief commercial officer Dean Dalla Valle said.

Dalla Valle has been based in Brazil, overseeing the Samarco response.

“Samarco employees and members of affected communities have been working incredibly hard to deliver the remediation projects in the framework agreement and over 90% of the projects have been initiated,” he said.

“There is still much to be done to rebuild and restore but we believe that working with Vale, Samarco and the Brazilian authorities we will be able to deliver on the commitments under the Agreement and we will do what’s right.”

An autonomous foundation has been established to deliver socioeconomic and environmental programs under the agreement.

BHP reiterated its pledge to make the findings of an independent investigation into the cause of the accident public.

The partners are also facing a separate claim of 155 billion real ($US48.2 billion), made by Brazilian prosecutors in May, based on estimates of the social, environmental and economic impacts.

The value of the claim was based on the costs to repair the damage caused by the Deepwater Horizon spill in the Gulf of Mexico in 2010.

“It is estimated, based on preliminary studies, that human, economic and environmental impacts caused by the disruption of the Fundão dam are at least equivalent to those verified the Gulf of Mexico,” authorities said at the time.

BHP shares rose A10c to $20.44 this morning.