The Resources Regulator who approved the application of Canadian owned Australian Consolidated Gold Holdings to drill in the protected Macquarie Marshes area has reconsidered its position with a slight pivot which voids the earlier decision.

However concerned stakeholders say the door has been left open for the mining exploration company to have another shot at gaining approval for trial drill sites in the environmentally sensitive area.

In a letter received by landholders Garry and Leanne Hall, the Resources Regulator stated “...the decision maker when making the decision was not provided with all relevant and accurate information therefore the decisions were not validly made.

“As such, both decisions to grant the (assessable prospecting approvals) APOs were not decisions at law and have no legal effect.” 

The Regulator has given the mining company 10 days to supply more information before a final decision is announced, therefore effectively giving the company a second chance.

It is a decision Mr. Hall says is completely unfathomable.

“We are feeling a bit bemused about it all,” said Mr. Hall. “We do not really understand why the Resources Regulator has given Australian Consolidated Gold Holdings another opportunity.

“We have now lost all respect for the process and we are deeply indebted to the Nature Conservation Council of NSW for their support during this daunting process,” said Mr. Hall.

'Únthinkable'

Environmental advocacy organisation the Nature Council of New South Wales (NCC) has gone into bat for the Hall’s and the protected Macquarie Marsh area.

Jacqui Mumford, Chief Executive Officer of Nature Conservation Council NSW says she is disturbed that this type of mining would even be considered in such a vital conservation area.

“The Regulator has thankfully realised that the decision to allow copper and gold prospecting in the Marshes, without any environmental assessment, was the wrong call and we are grateful it has been overturned,” said Ms. Mumford.

Horseback is often the only way to access the marsh country on The Mole, the property belonging to Garry and Leanne Hall. IMAGE: Leanne Hall

“It is disturbing that any mining activity could be considered for this environmentally sensitive critical habitat and so we urge the Regulator to decline any further applications for exploration in the Macquarie Marshes.” 

“The risks of mining activity in the Macquarie Marshes are too high – it could cause irreparable harm to the entire wetland system. 

“There shouldn’t be drilling here because there shouldn’t be mining here.  

“The proposed drilling area is right next door to the protected nature reserve and is a nesting and breeding site for threatened, vulnerable and endangered species. 

“Can you imagine a gold mine sitting directly next to a protected internationally-significant, Ramsar-listed nature reserve? It’s unthinkable.” 

The Macquarie Marshes are an important site for magpie geese, a vulnerable species in NSW. IMAGE: Leanne Hall

A spokesman for the Resources Regulator says it is about being fair to both parties.

“In order to provide procedural fairness, the applicant has been given the opportunity to provide further information for assessment by the Resources Regulator.”

NCC Water Campaigner Melissa Gray remains adamant that the Macquarie Marshes should be permanently out of bounds for mining exploration - let alone the mining to follow.

"The Macquarie Marshes are a spectacular and special place. They provide critical habitat for an amazing array of wildlife, from frogs to Murray Cod and Purple Spotted Gudgeon,” according to Ms. Gray.

“Australian Consolidated Gold Holdings wants to drill in Mole Marsh, which is currently under water. It is home to vulnerable, threatened and endangered bird species, such as brolga, magpie goose, Australasian bittern and Australian painted snipe. 

“We have serious concerns about the impact drilling and industrial activity would have on the entire wetland system. 

“This highly sensitive and critical ecology is not an appropriate area for any mining activity.”