NSW Premier Chris Minns has emerged victorious in a stoush over a controversial Central West gold mine after the Federal Court threw out a ban made by then-environment minister Tanya Plibersek, who stalled the mine on Indigenous heritage grounds.
Federal Court Justice James Stellion on Wednesday decided to send the $1.3 billion mine proposal back to the current minister Murray Watt, determining Plibersek’s original decision lacked procedural fairness.
The decision did not make any judgment about the merits of any claims of Indigenous heritage in the area, but found Plibersek’s decision-making was flawed.
That declaration prevented Regis Resources from building a tailings dam to store byproducts from mining operations at the headwaters of the Belubula River, after an Indigenous group argued the area was significant to a Dreaming story about the blue banded bee. The mining company argued that made the project unfeasible.
The declaration also triggered unrest between the state and federal governments, with the Premier Chris Minns insisting the mine must go ahead. The state government had originally approved the project.
“I want that mine to go ahead, I understand that that’s not the view of the federal government, but we need the investment,” Minns said before the judgment on Wednesday.
“There are more people in mining jobs in NSW today than there were when we were elected in March of 2023. We’re proud of that.”
When asked if the then-environment minister had made the wrong call when she made the order blocking the mine, Minns replied: “Yes”.
Plibersek’s statement of reasons for the declaration said she “could not be assured that the NSW legislative framework as it currently stands can adequately protect the specified area”.
After making the declaration, Plibersek rejected suggestions from Regis Resources that the ban killed the project, insisting the mine could still go ahead if the dam was moved. The company said finding a new site for approval would take up to 10 years, but the state government flagged it would fast-track the project.
The application to protect the dam area was made by Wiradjuri-Gamillaroi woman Nyree Reynolds on behalf of the Wiradyuri Traditional Owners Central West Aboriginal Corporation. Minns told a budget estimates hearing in 2024 that the local Aboriginal Land Council had been consulted as part of the original approval process.
More to come.
