August 16th 2024.
A recent court ruling has brought some good news for a group of concerned citizens who have been fighting against the development of a large silver mine near Lue in the central west region of New South Wales. The Land and Environment Court has revoked the mine's development consent, a decision that has been welcomed by the local action group, Bingman Landcare.
The mine, which is set to be built on the biggest known undeveloped silver deposit in Australia, was granted approval by Silver Mines Limited back in April 2023. However, Bingman Landcare has been tirelessly advocating against the development, citing potential environmental and health risks for the popular food-tourism and farming region. They have been vocal in their concerns, warning of a possible "disaster" if the mine were to go ahead.
The proposed Bowdens Silver Mine was set to be constructed near the village of Lue, approximately 30 kilometres from Mudgee. The plan was to extract large quantities of lead, silver, and zinc over a span of 23 years. However, residents in the area have raised concerns about the potential impact of these materials on the air and groundwater, and the potential consequences for the local community.
In a landmark decision, a panel of judges in the NSW Land and Environment Court has found that a previous appeal in March 2024 did not adequately consider the environmental impacts of the mine's 13-kilometre power transmission line. Justice Richard White of the Supreme Court noted that it was "inconceivable" for such a project to have no impact on the environment, and that the cumulative effect of both the mine and the power line must be taken into consideration.
As a result, the court has declared that the Independent Planning Commission's development consent for the Silver Project is "void and of no effect". This means that all work related to the development consent must be stopped immediately. Silver Mines Limited has also been ordered to cover the legal costs of Bingman Landcare, a community group based in Lue.
The decision has been met with relief and satisfaction from Bingman Landcare, who stated that they were "successful in the court of appeal". They are currently reviewing the judgment to fully understand its implications. Mick Boller, a member of the Mudgee Region Action Group, expressed his joy at the outcome, calling it a classic "David and Goliath" situation.
In light of the court's ruling, Silver Mines Limited has temporarily paused trading on the ASX. They have yet to make a statement regarding the decision. This victory for the community and Bingman Landcare serves as a reminder of the power of grassroots activism and the importance of considering all potential impacts before greenlighting large-scale projects.
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