The Federal Court (Darwin) challenge is listed for 30 July – 1 August.
The proceedings in the Federal Court challenge the validity of the Commonwealth Minister for the Environment’s approval for the mine expansion and river diversion.
The main grounds are
- that the assesment of impacts was not carried out properly under the EPBA Act, nor the bilateral agreement between the Commonwealth and the NT under the Environmental Assesment Administrative Procedures NT, (sect. 3a 10a 11a) and especially in relation to the consideration of public comments.
- Problems with the Commonwealths approval and attached conditions.
- The absense of adequate data on threatened species (sawfish) which to make a decision.
The Traditional Owners are seeking to have the decision set aside and to be remitted back to the Environment Minister (now Malcom Turnbull).
If the challenge is succesful, the mine will become a federal issue again.