Aboriginal Heritage Laws Used (Abused?) to Block Gold Mine

Last week it was revealed that a gold mine, the billion-dollar McPhillamys Gold Project, in Blayney Shire in the Central West region of New South Wales was blocked by the Federal Environment Minister Tanya Plibersek using Aboriginal Heritage laws (I’ll get to those laws soon). It’s amazing one person has so much power. Specifically, it wasn’t the mine being blocked, but rather the tailings dam, which is essentially used to store the waste byproducts of the mining operation.

This controversy even made the international news. On the Forbes website, “Mine Ban Sparks Warning Of A Sovereign Risk Crisis In Australia”.

According to the NSW Government’s Planning Portal, the application was initially made in 2019 and every step of the way has been approved, up until the recent ministerial decision.

The act in question is the Aboriginal And Torres Strait Islander Heritage Protection Act 1984 – Section 10”, which states, “Where the Minister: receives an application made orally or in writing by or on behalf of an Aboriginal or a group of Aboriginals… is satisfied: that the area is a significant Aboriginal area; and that it is under threat of injury or desecration.”

Despite Ms Plibersek invoking Section 10, she disputes the mining company’s claim that the project is no longer viable.

Aboriginal artist and Wiradjuri Elder Aunty Nyree Reynolds was one of the people who helped convince the minister to rule against the proposed gold mine stating that the Belubula River is “a sacred songline”. In 2014, Ms Reynolds identified as a Gamilaraay descendant when she wrote a letter of protest against a proposed goat abattoir in Blayney stating that it’s common for people to have more than on different nation in their heritage.

Funnily enough, not ever Aboriginal group agrees with this decision. The Orange Local Aboriginal Land Council, who are the statutory body who have authority to speak for the area on which the Gold Project is located, had no issue with the proposed mine. They wrote to the NSW Independent Planning Commission last year stating, “The proposed development would not impact any known sites or artefacts of high significance.”

Senior Wiradjuri leader, Roy Ah-See, has spoken on the issue. He said, “If it’s got the support of the local Aboriginal land council, that should be enough for the minister to listen to the recognised Aboriginal party. If you don’t have that structure, you have chaos… We can have anyone ringing up saying they’re Wiradjuri and it doesn’t feel right to me. That’s why the land council is so important, because in order to become a member, there are certain requirements and restrictions. They are the statutory authority.”

NSW Premier Chris Minns has criticised Minister Plibersek’s decision and expressed disappointment about the timing of the declaration saying, “To be knocked over at the 11th hour is disappointing in terms of mining gold and other critical minerals in New South Wales which we desperately need because coal mining is under pressure, particularly when it comes to export markets.” He went on to say the state government could not overrule a federal decision.

Prime Minister Anthony Albanese insisted there was nothing to stop the mine being built saying, “The gold mine can go ahead… Chris Minns would like it to go ahead, I’d like it to go ahead too. The mine has not been opposed. What we’re talking about is a tailings dam, and the company itself put forward a range of options that were considered and they should work to ensure the project can go ahead.”

Blayney Shire Mayor Scott Ferguson said there were many who felt disappointed by the fallout of the decision saying, “There’s certainly plenty of people that are very disappointed that we probably won’t see a billion dollar investment in the region that was going to bring hundreds and hundreds of jobs. There was an expectation that if this mine was to start next year, it would be just the shot in the arm that we would need. This process is a secretive, disingenuous process that... is serving to drive our communities apart, not bring us together.”

So what are your thoughts? Are Aboriginal heritage laws being weaponised against Indigenous progress and prosperity? Do you agree with the Blayney Mayor that the processes are very divisive? Is it right that individuals have the power to scupper billion-dollar projects based on confidential and culturally sensitive information?

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Allégro by Emmit Fenn