The NSW Minerals Council labels last week’s Court of Appeal decision regarding the Bowdens Silver Mine as “disappointing for the company and concerning for the mining industry in NSW more broadly”.
After an extensive assessment process lasting nearly three years, and a positive recommendation from the NSW Department of Planning, the project received its approval from the Independent Planning Commission in April 2023.
The project has since been subjected to legal activism and appeals, and its consent has now been set aside on administrative grounds relating to the determination process of the Independent Planning Commission, which the NSWMC says is putting the project and 550 potential regional jobs at risk.
The project is considered the largest undeveloped silver deposit in Australia and one of the largest globally.
NSWMC is reviewing the details of the judgment and liaising with the proponents to understand if there are broader implications for the New South Wales mining industry.
Silver is listed on the New South Wales Government’s critical minerals list, and is needed for many applications, including for the manufacture of solar panels and other renewable energy components.
“It is difficult to see how the NSW Government can deliver a credible Critical Minerals Strategy when critical minerals projects like this continue to face ongoing obstacles in NSW,” the NSWMC says.
“In light of this decision, real action is needed to demonstrate the NSW Government is committed to the future development of critical minerals and metals projects in NSW.”
On 16 August, Silver Mines (ASX:SVL) shares dropped over the New South Wales court decision to allow a challenge to the development of the Bowdens Mine, as reported by Mining.com.au.
The junior explorer went into a trading halt that morning after the Court of Appeal has upheld Bingman Catchment Landcare Group Incorporated’s appeal against an earlier court ruling allowing the development to go ahead.
On 14 March, Silver Mines announced its subsidiary Bowdens Silver had successfully defended the proceedings begun by activist group Bingman Catchment Landcare Group Incorporated in the Land and Environment Court of New South Wales.
The action was against the state government’s Independent Planning Commission and Bowdens Silver, challenging the development consent for the project approved by the IPC in April 2023.
New South Wales’ Land and Environment Court dismissed those proceedings.
Subsequent to this, Bingman filed an appeal and a hearing was held on 22 July. Silver Mines says the appeal proceedings challenged the administrative process taken by the IPC in deciding to grant the development consent for the project. The Bingman Catchment Landcare Group has sought a declaration from the Court of Appeal that the development consent is void and of no effect.
Write to Adam Orlando at Mining.com.au
Images: Silver Mines
