MEDIA RELEASE
Court Decision Stops Work On Cowal Gold Project Electricity Transmission Line
Justice David Lloyd from the Land and Environment Court today
handed down a decision invalidating consents and permits issued by the
Department of Environment and Conservation to destroy Aboriginal objects on the
proposed electricity transmission line (ETL) for the controversial Lake Cowal
Gold Project.
The challenge was taken by Wiradjuri Traditional Owner, Neville
Williams, who claimed that he had been denied procedural fairness over the
issuing of the consents. Mr Williams complained that Country Energy and Dr
Colin Pardoe, the consulting archaeologist for Barrick Gold, refused him access
rights to investigate the Aboriginal objects, which would be destroyed and/or
disturbed by the construction of the ETL.
Mr Williams has engaged in numerous legal challenges in a bid to
protect Aboriginal heritage from mining at Lake Cowal situated 38km north of
West Wyalong in Central Western NSW.
In his judgment Lloyd J found that Mr Williams had a legitimate
expectation that he would be involved in identification and assessment of the
significance of Aboriginal objects within the electricity transmission line
corridor which Country Energy and Dr Pardoe failed to meet. Although he was
invited to make submissions Country Energy and Dr Pardoe refused to allow him
to be involved in the identification and assessment process during or subsequent
to the original archaeological surveys.
Canadian company Barrick Gold have submitted to the Court that
delay in the construction of the electricity transmission line is likely to
cost the company over a million dollars a month.
Advocate and researcher for the Indigenous Justice Advocacy
Network, Al Oshlack who appeared for Mr Williams at the hearing, said today
that: “This is a significant win not only for Mr Williams but for many
other Aboriginal Traditional Owners who are struggling to protect sites which
are being systematically destroyed by the NSW Government through the Department
of Environmental and Conservation. We have estimated that over 600 Aboriginal
sites in NSW have been issued with Consents to Destroys in the last three
years.
“Mr Williams’ Court victory is very important in that
it gives a precedent that the NSW Government through the DEC need to recognise
the rights of Traditional Owners to have a say in the management and protection
of Aboriginal sites,” said Mr Oshlack.
The Court has ordered that Country Energy and Dr Pardoe must
abstain from any activity, which relies on the permits and consents or they
would be in breach of the National Parks and Wildlife Act.
Inquiries:
Al Oshlack Ph (02) 66 242437
Neville Williams
Ph 0416 316 774