‘Chaotic’: No legal advice sought on McPhillamys gold mine road before ban handed down by Tanya Plibersek

No legal advice was sought on how a public road would be affected ahead of the proposed Blayney gold mine being banned, until The Daily Telegraph published an article about it.

Environment Minister Tanya Plibersek and her representatives didn’t ask for any prior legal advice on how a public road would be impacted before issuing a last-minute ban using obscure Indigenous heritage laws on a surrounding mine site.

New documents reveal legal advice regarding Dungeon Road, which sits within the footprint of the proposed McPhillamys gold mine near Blayney, was only sought by the government on August 29 – the same day The Daily Telegraph published an article questioning the road’s status.

The Coalition says the new information shows Ms Plibersek’s August 16 declaration of a section 10 ban on the proposed mine, near Blayney in central west NSW, was “chaotic”.

“The fact that the Labor Government only sought advice on whether the public could use Dungeon Road after making the section 10 declaration speaks to the chaotic nature of this decision and the anti-resources sentiment of this Government,” Coalition environment spokesman Jonno Duniam said.

“It is common sense to think that a good government would have sought advice on whether the community, including mine workers, tradies, and council workers, would be able to use a road.

Environment Minister Tanya Plibersek holds a press conference at Parliament House in Canberra. Picture: NewsWire / Martin Ollman

The new information was contained in answers to questions lodged by the Opposition, which revealed legal advice was only sought by the government on the day The Daily Telegraph published a story highlighting how the local council was urgently seeking its own advice on the road’s status.

A spokeswoman for Ms Plibersek said the council didn’t raise any issues with the road, and its use, during the consultation process before the decision was made.

“Once the issue was raised, the Government sought legal advice which clarified that current usage would be unaffected,” she said.

Regis Resources, the company behind the McPhillamys proposal, launched legal action late last year in a bid to have the ban overturned.

Ms Plibersek issued the section 10 after a local Indigenous group submitted an application to protect the area, citing the site as important to the Blue-banded bee Dreaming story.

The legitimacy of that story has been doubted by the Orange Local Aboriginal Land Council.

This is the specific area that has been opposed to put a tailings dam due to it being of cultural significance. Where Belubula River intersects with Dungeon Road. McPhillamys Gold Project, Regis Resources Limited, Dungeon Road Kings Plains. Picture: Rohan Kelly

Mr Duniam added the last-minute decision by Ms Plibersek to block the mine – after it had already passed state and federal planning processes – had threatened future investment in industry in Australia.

“This decision was botched from the start. The Minister needs to recognise the heavy consequences this has for the people of the Central West, for New South Wales, and for Australia’s reputation in the investment community as a safe place to allocate capital,” he said.

Originally published as ‘Chaotic’: No legal advice sought on McPhillamys gold mine road before ban handed down by Tanya Plibersek