Silver Mines (ASX:SVL) is still hopeful of bringing its Bowdens Silver Mine into production on positive advice received after a New South Wales court decision allowed a challenge to the development.
The company says the advice received suggests the development authority (DA) “remains alive and on foot and has not been finally determined” by the consent authority, the Independent Planning Commission.
“This is important as NSW planning laws provide for a DA to be amended by the applicant, with the agreement of the NSW Department of Planning Housing and Infrastructure (DPHI) at any time prior to the DA being determined,” Silver Mines says.
In mid-August, the New South Wales Supreme Court, Court of Appeal upheld an appeal by Bingman Catchment Landcare Group Incorporated against a previous court ruling allowing the development to go ahead.
In mid-March, Silver Mines announced its subsidiary Bowdens Silver had successfully defended the proceedings begun by Bingman Catchment Landcare Group in the Land and Environment Court of New South Wales.
The action was against the state government’s IPC 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 decision, Bingman filed an appeal in the Court of Appeal and a hearing was held on 22 July 2024.
The Bingman Catchment Landcare Group sought a declaration from the Court of Appeal that the development consent was void and of no effect.
The appeal was primarily centred on whether the IPC failed to fully consider the impacts of a potential transmission line, which was one of the options being considered to power the project.
Silver Mines says it is now working through the steps required by the DPHI to achieve reinstatement of the consent, in a way that would satisfy the court’s concerns in relation to the assessment of the transmission line to provide power to the proposed mine site.
The Bowdens Project is expected to create over 320 jobs during construction and over 220 ongoing jobs.
Silver Mines says this will deliver “significant long-term economic and social benefits” for New South Wales and the local communities across the Mid-Western Regional Council area.
Write to Angela East at Mining.com.au
Images: Silver Mines
