Section 10 blow raises alarm over investor confidence

Alarm bells are ringing in mining circles after a government decision that appears to have blocked a $1 billion gold project which had already received federal and state environmental approvals. Environment Minister Tanya Plibersek has partially upheld a Section 10 objection under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 relating to Regis Resources' McPhillamy’s project in New South Wales. While Ms Plibersek stated that the declaration of protection over part of the site would not stop the mine, Regis says it impacts a critical area of the McPhillamy’s development site and means the project is not viable. AMEC chief executive officer Warren Pearce said the incredibly disappointing decision set a truly terrible precedent for investment risk in Australia. “If any project, no matter how thoroughly consulted, negotiated, supported and assessed, can be knocked over by the objections of only a few people at the end of the process, then how can any company or investor have confidence to invest in Australia," he said. "The absolute absurdity of this decision is that in upholding the Section 10 objection the Minister has chosen to ignore the views of the recognised Traditional Owners for this country (the Orange Local Aboriginal Corporation), who did not object to the project. "They could see the value and future prosperity that this project could bring to their people. It’s a shame the Minister didn’t listen to them, while purporting to protect their interests. "Instead, the Minister has chosen to prioritise the views of a small number of persons, who are not the local lands council.” Regis said the declaration covered part of the Belubula River, its headwaters and its springs, which fell within the footprint of the proposed tailings storage facility (TSF) for the gold project. 'While Minister Plibersek commented that there were multiple locations and potential options for the TSF that were assessed, Regis notes that these were not currently viable options for the project,' the company said in an announcement to the ASX. 'To advance an alternative TSF solution will require further extensive investigations and studies along with the restart of the state and federal approvals process, which could take between five and 10 years, ultimately with no certainty of a viable alternative being realised.' Ms Plibersek said the Wiradjuri/Wiradyuri people, who traditionally lived around the Bathurst area, had significant spiritual and cultural connections to the headwaters of the Belubula River. "The headwaters are of particular significance to Wiradjuri/Wiradyuri people and are linked to ongoing cultural practices of the area," she said. "They have featured in many traditions practiced for generations including by Aboriginal people transitioning from youth to young adulthood. Some of these traditions have been disclosed to me privately and must remain confidential due to their cultural sensitivity. If this site were to be desecrated, it would be an threat to the continuance of Wiradjuri/Wiradyuri culture." She argued that the Section 10 decision need not stop the mine. "Protecting cultural heritage and development are not mutually exclusive. We can have both." The Institute of Public Affairs said the decision on the McPhillamys gold project had uncovered the Federal Government’s plan to introduce Western Australia-style cultural heritage laws by stealth. “The decision by Tanya Plibersek to block the previously approved McPhillamys gold project, on the basis of cultural heritage, has destroyed over 500 new, full-time jobs and cost the community approximately $200 million in royalty revenue,” deputy executive director Daniel Wild said. “That the Federal Government is seeking to press ahead with a secretive Nature Positive agenda, which now seems to include Western Australia-style cultural heritage laws, reinforces its activist, anti-development attitude. “Western Australia’s cultural heritage laws were briefly implemented last year but were scrapped due to public backlash. The actions of the Minister show the Federal Government has learnt nothing from this episode, as well as the failed, divisive Voice to Parliament referendum.”

Section 10 blow raises alarm over investor confidence

Industry Queensland

Related News

Corvus advances plans for Emerald longwall mine

ActivEX consolidates REE exploration ground

$70m overhaul kicks off at Tarong North plant

Get access to breaking mining news, now.