The fight over minerals exploration in the Macquarie Marshes will head to court as a Canadian-owned minerals exploration company looks to overturn a decision by the NSW government to reverse drilling approvals in the wetlands.

Australian Consolidated Gold Holdings will argue in the NSW Land and Environment Court that the Minister for Natural Resources did not follow process under the Mines Act when the approval was revoked.

A lawyer representing the global company told the Western Plains App the onus is on the Minister to say why the approval should be invalidated, rather than the company to prove why it is valid.

The matter is listed in Sydney for an initial hearing on Monday 11 November via telephone

"We're disappointed that the project hasn't been completely knocked on the head and that there is a possibility that the license will be revisited," Australian Conservation Council CEO Jacqui Mumford said.

"We really hope that the law does what it's supposed to do, which is to ensure that the regulator makes decisions about the appropriateness of where mining exploration can happen, because the reality is that the proposed area of the Mole Marsh is completely unsuitable for gold mining."

A patch of the Marshes on private property 'The Mole'. IMAGE: Western Plains App/ River McCrossen

The Resources Regulator had approved exploratory drilling in April 2024 in two locations.

However, the regulator overturned the approvals on 25 July, claiming the company had not provided all relevant and accurate information.

The company were given ten days to provide more information, then a second deadline was set for this 23 August.

The Regulator has not yet released a final decision.

A spokesperson for the Regulator said it would be inappropriate to comment at this time since the matter is before the court.

Opponents say it would damage the marshes.

"I've heard the Macquarie Marshes referred to as the Kakadu of the south. These are areas that should have that level of world heritage protection because of how beautiful they are," Ms Mumford.

"It's just unfathomable that we would continue to prioritize resource extraction over protection of diminishing areas of ecological importance."  

An area of The Mole Marsh subject to the wrestling match over drilling rights, taken on 23 October 2024. SOURCE: Coonamble Times

Landholders at 'The Mole', Garry and Leanne Hall, say they are "devastated" about the latest turn of events and will be watching at 11.05am on Monday.

"As custodians of the private Ramsar site 'U Block' and beef producers in the Marshes, we are extremely concerned about the latest proceedings," they said.

"There is now a real chance that exploration drilling could occur.

"We hope and pray that the NSW Government have the courage to defend their position.

"If the LAEC finds in favour of ACGH we will likely be forced into arbitration to sign a land access agreement."