The Fingerboards mineral sands case
The case to protect the community a mineral sands mine in Gippsland
The Fingerboards mineral sands mine was a proposal by Kalbar Operations Pty Ltd to construct a 1,675 hectare open cut mineral sands mine on Gunaikurnai land, 20km north west of Bairnsdale, East Gippsland.
Environmental Justice Australia represented Mine-free Glenaladale at public hearings to protect the community from the harm of a mineral sands mine in Gippsland.
After months of public hearings and on-the-ground campaigning, the Victorian Minister for Planning assessed the environmental effects of the Fingerboards mineral sands mine as unacceptable.
This was a massive win for our client, Mine-free Glenaladale, who led a strong community campaign to stop this mine.
Why does this case matter?
The Fingerboards mineral sands mine project was a proposal from Kalbar Resources, a company that has no mining experience, for a huge (1,600+ hectare) open-cut mine. Kalbar planned to mine mineral sands and rare earths, and extract around 200 million tonnes of ore from the site over 20 years.
The mine site was to be located on on the Lindenow flats, in close proximity to two major waterways that flow into the Gippsland Lakes (which are recognised under the Ramsar convention as a wetland of international significance) as well as the highly productive horticultural area of the Lindenow Valley.
Locals were concerned about the project for many reasons, including:
- contamination of waterways
- excessive extraction of water (impacting the nearby horticultural industry)
- risks associated with the particular landscape proposed to be mined (for example the soils are highly erosive and prone to collapse)
- risks from exposure to nasty toxics (including radiation)
- destruction of native vegetation and habitat for threatened species, and
- general dislocation from a community and landscape that they love and call home.
About the client
Mine-Free Glenaladale is a volunteer group of farmers, residents and concerned community members, which a strong campaign to stop the open-cut mine.
The public hearings
EJA lawyers represented community group Mine-Free Glenaladale throughout the environmental effects process.
The Environment Effects Statement (EES) for the project was first released for public comment in early September 2020, with the Inquiry and Advisory Committee commencing its public hearings in early May 2021.
With the pro bono assistance of barrister Emily Porter, the legal team cross-examined the proponent’s experts at the public hearings, led evidence from eight independent experts on the topics of ecology, hydrogeology, economics, radiation, health, tailings, centrifugation and rehabilitation, and made oral and written submissions to make the case that the environmental effects of the project are unacceptable.
Our clients, Mine-free Glenaladale opposed the mine due to its potential significant and unacceptable environment effects, including:
- contamination of waterways
- excessive extraction of water
- loss of 200+ hectares of endangered and vulnerable native vegetation and habitat for threatened species
- risks associated with the particular landscape proposed to be mined
- risks from exposure to nasty toxics (including radiation)
After months of public hearings and on-the-ground campaigning, the Minister for Planning assessed the environmental effects of the Fingerboards mineral sands mine as unacceptable, meaning that the 1,675-hectare open-cut mine is now unlikely to proceed.
This was a massive win for our client, Mine-free Glenaladale, who led a strong community campaign to stop this mine.
They found over 85 percent of the community wanted to keep Gippsland mine-free. And after more than 260 EJA supporters took action by writing a letter to the Minister, he listened and assessed the environmental effects of the proposed mine as unacceptable, meaning the mine can only proceed if decision-makers disregard the Minister’s Assessment.
"Our community is deeply grateful for the legal guidance and support provided by EJA. Their legal team took the time to understand the impacts of a proposed mine on our community, economy and environment, and presented our case in a compelling way at the hearings. EJA’s advocacy and representation ensured our community was able to participate as a respected party, exposing important matters that would otherwise have escaped attention."
— Mine-Free Glenaladale Inc.
