Environmental Defenders Office

Shenhua Watermark and Traditional Custodians

The Shenhua Watermark coal mine is a huge $1.2 billion project proposed for the Liverpool Plains in north-western New South Wales. The controversial project has seen massive opposition from local people, including farmers who fear the mine’s impact on an area renowned for its fertile, food-growing soil.

Related Links

  • Shenhua Watermark Coal Mine
  • Aboriginal Engagement & Cultural Heritage

EDO’s client is Veronica “Dolly” Talbott, a member of the Gomeroi Traditional Custodians. The site of Shenhua’s proposed three open-cut pits are located on the ancestral lands of the Gomeroi. The area includes irreplaceable Aboriginal cultural heritage such as large grinding groove sites, scarred trees and interlinked ceremonial corridors and sacred sites. The Shenhua Watermark mega-mine would destroy these places forever.

Dolly Talbott is suing the Environment Minister in the Federal Court, alleging she made an error of law in deciding not to make a declaration to protect the Aboriginal heritage.

Under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act), the Environment Minister has the power to protect areas of cultural heritage if she is satisfied they are Significant Areas that are under threat of injury or desecration. Contravening such a declaration is a crime.

In July 2019, four years after the Gomeroi Traditional Custodians lodged their application, the Minister refused to make a declaration to protect the Significant Areas.  This is despite her findings that the areas “retain immeasurable cultural values and connection to Country” and “are of particular significance to Aboriginal people.” She also agreed that the Shenhua Watermark coal mine will destroy or desecrate the areas.

The Minister’s decisions were made with the understanding that a declaration would stop the Shenhua Watermark coal mine from going ahead. She concluded that the economic and social benefits of the mine outweighed the loss of heritage in the Significant Areas. 

The  case will be an important test of the limits of the Constitutional basis for the ATSIHP Act, and the matters which the Minister is lawfully permitted to consider before making a declaration, or not.

All Mining & Fossil Fuels Updates
Protect Country and culture in Australia

ASIC and ASX asked to investigate whether Santos misled investors over Barossa gas project  

2 months ago — Environment Centre Northern Territory (ECNT) has lodged formal complaints with ASIC and the ASX against gas giant Santos over potentially false and misleading statements it made about its Barossa gas project.

Protect Country and culture in Northern Territory — 2 months ago

“This is our Country and we must be consulted”: Tiwi Islanders again claim victory over Santos, as Barossa appeal dismissed by Federal Court

Protect Country and culture in Australia — 5 months ago

Tiwi Traditional Owner wins legal challenge to Santos Barossa Gas Project

Climate in Australia — 5 months ago

AGN claims ‘renewable gas’ is climate-friendly could be greenwashing 

Promote healthy communities in Northern Territory — 7 months ago

Tiwi Elder seeks urgent injunction to stop Santos’ imminent Barossa gas offshore drilling plans 

Climate in Northern Territory — 8 months ago

Meet one of our lawyers: Alina Leikin, Safe Climate team