Article by Simone Grogan, courtesy of The West Australian.
Another gold miner facing a heritage protection claim — this time near a producing mine — is adamant the challenge will not hurt its growth plans, despite there being no deadline on the Federal Government to deliver a verdict.
Bellevue Gold has been hit by the claim from a Traditional Owner that covers an area near Leinster in the northern Goldfields known as Lake Miranda, which borders its namesake, newly producing mine.
The application was revealed in August, just days before Environment Minister Tanya Plibersek’s contentious move to grant a Section 10 order over part of Regis Resources’ planned McPhillamys mine in NSW.
Section 10 challenges are usually lodged to seek protection or preserve areas of cultural heritage value.
Regis has sought to contest the decision — which has vexed the mining industry — in Federal Court, claiming it has effectively sunk the $1 billion project.
Speaking with The West Australian in October, Bellevue chief executive Darren Stralow was upbeat about the company’s prospects in the review process and had faith in its native title agreement and cultural heritage management plan with the Traditional Owner group, the Tjiwarl.
Mr Stralow also indicated at the time that the Department of Climate Change, Energy, the Environment and Water’s independent reporter was due to file submissions by the end of that month.
Submissions to the reporter were due to close on September 26.
But as 2024 draws to a close, Bellevue and other interested parties have seemingly been left hanging.
“Bellevue has been advised that the submission period in respect to the Section 10 application has closed,” a spokesman said.
“The company is awaiting further information from DCCEEW on the status of the application.”
Bellevue is WA’s newest gold miner and started commercial production in May.
The group — which has enjoyed the tailwinds of record gold prices as it ramps up — has aggressive plans to lift annual production of between 165,000 and 180,000 ounces to at least 250,000oz by FY2028.
But Bellevue said the Section 10 application did not affect gold production under its current five-year growth plan.
A department spokesman confirmed it had received an application seeking protection of the Lake Miranda site, but said the Aboriginal and Torres Strait Islander Heritage Protection Act did not outline the need for any set deadline on a decision.
“The regulatory processes are under way, with the reporter managing the process as required,” he said.
“As noted previously, there are no statutory deadlines in ATSIHPA.”
Regis, which did not have a native title agreement with Traditional Owners, waited four years for a determination on the Section 10 application against the McPhillamys mine.
Bellevue, however, does have one in place with the Tjiwarl.
The mining industry’s frustrations over Section 10 applications stem in part from a lack of clear timing or guidelines on the need for consultation.
The Bellevue application by Tjiwarl Traditional Owner Colleen Berry claims proposed drilling under Lake Miranda would threaten her people’s spiritual connection to the site and the traditions linked to it.
“The main threat is attributed to drilling underneath Lake Miranda by Bellevue Gold, which the applicant claims will interrupt the Dreaming pathway of the snakes and destroy the Tjukurpa,” the application said.
Bellevue has said it was agreed that subsurface exploration and mining would not affect the cultural heritage native title agreement.
