Mudgee mine fight places 60 major projects worth $50 billion at risk

A court decision which torpedoed a Mudgee silver mine has forced an urgent attempt to change laws to prevent other major projects being blocked.

A court decision which torpedoed the approval of a proposed silver mine could impact up to 60 other major projects across NSW, forcing planning Minister Paul Scully to rush through urgent law changes to prevent other developments being blocked.

The decision by the NSW Court of Appeal to uphold an appeal against the Bowdens Silver mine, near Mudgee, has now placed up to $50 billion worth of NSW projects into jeopardy, according to Mr Scully.

The mine’s 2023 approval was appealed by local Landcare group, Bingman Landcare.

The court found the NSW Independent Planning Commission failed to consider the impacts of a transmission line linking to the mine – rendering the approval previously given to the project as void.

The NSW Government fears the precedent could mean other major projects could be scuppered due to having to consider offsite enabling work like transmission lines – which are usually not considered as part of a state significant planning proposal.

“Around 60 State Significant Development projects including housing, schools and hospitals worth around $50 billion could now face an uncertain assessment pathway,” Mr Scully said.

Planning Minister Paul Scully has introduced a bill which aims to reinstate traditional planning pathways. Picture: NewsWire / Nikki Short

Mr Scully has now introduced a bill which aims to reinstate the traditional planning pathways – including re-establishing how enabling offsite infrastructure is assessed - which is usually outside of a state significant planning proposal.

The Daily Telegraph can also reveal the local Bingman Landcare behind the appeal received $170,000 in funding from Landcare NSW since 2020 as it geared up to fight the proposed silver mine.

It received no funding in the two years before 2020, when the application for the mine was lodged.

The Treasurer of Landcare NSW at the time the Bingman group received funding was Hunter White, who has been active in local environmental groups opposing the silver mine.

He last year submitted an application to a parliamentary inquiry into the impact of silver mining, saying he lived 10 kilometres from the proposed Bowdens site, and outlined that he had supported and prepared research for local anti-mine group, the Mudgee Region Action Group.

A spokeswoman for Landcare NSW denied the funds sent to the local landcare was from state government-provided funding, saying grants to Bingman “were provided from donations received from fundraising campaigns conducted” by the group.

The Blayney gold mine also had questions raised over its future when it was hit with a partial ban. Picture: Rohan Kelly

“Hunter White was not involved in the consideration of these applications as it was recognised and declared there was a conflict of interest,” she said.

The Bowdens Silver project is the second major mining project in NSW to have recent questions raised over its future, after the McPhillamys gold mine near Blayney was hit with a partial ban under Indigenous heritage legislation used by Environment Minister Tanya Plibersek.

“Our company remains committed to bringing the Bowdens Silver Project to reality,” a Bowdens Silver spokeswoman said.

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