By Colin MacGillivray

The Federal Government has defended its approval of a proposed major mining operation at Dooen after member for Mallee Anne Webster raised procedural questions about the move.

Earlier this month a delegate appointed by federal Environment and Water Minister Tanya Plibersek gave the Avonbank Mineral Sands Project a green light under the Environment Protection and Biodiversity Conservation Act, EPBC, 1999.

The project earlier gained approval for an environment effects statement, EES, from the State Government, although a mining licence is still pending for the proposed open-cut mineral sands mine.

Dr Webster questioned the timing of the delegate’s approval, which came after the Federal Government entered its pre-election caretaker period.

Under caretaker conventions, the government is discouraged from making major policy decisions, significant appointments or entering into major contracts following the dissolution of the House of Representatives.

Dr Webster said she believed the government had flouted section 3.2.2 of the Guidance on Caretaker Conventions, which states that government decisions ‘should be announced ahead of dissolution if their announcement is likely to cause controversy’.

The project has drawn opposition from sections of the Wimmera public, with farmers opposing the compulsory acquisition of thousands of hectares of arable land, while mine operator WIM Resource was accused of misleading the public during consultation for its EES in 2023.

“This decision was made on April 4. We went into caretaker mode on March 28, so the question is, is this project controversial?” Dr Webster said.

“There was and maybe still is an ongoing investigation into the manner the Victorian environmental effects statement was procured.

“I would argue that this is highly controversial and the minister should be asked the question: why did she make a decision after the caretaker period had started?”

But a spokesperson for the Department of Climate Change, Energy, the Environment and Water said decision making for ordinary matters of government – a category under which the mine decision fell – continued as usual during the caretaker period.

They said the decision was in line with timeframes of which all parties were aware.

“A departmental delegate approved the Avonbank Mineral Sands Project under national environment law, with strict conditions to minimise impacts on nationally protected matters,” the spokesperson said.

“Ordinary matters of government administration continue during the caretaker period, including regulatory decision-making in line with the statutory timeframes and other requirements of the EPBC Act.”

Dr Webster accused the government of approving the project ‘under the cover of darkness’.

“I’ve written to Ms Plibersek and also contacted the shadow minister, because under caretaker conventions the shadow minister should have been contacted by Minister Plibersek, but I’ve been in touch with his office and he has not been,” she said.

“In fact, we were the first ones to tell him the approval had been made. I think there are more questions to be asked, and an investigation needs to take place, frankly.”

•  An earlier version of this story stated caretaker restrictions did not apply to a decision to approve the mine because a delegate, rather than Minister Plibersek, made the decision. This is incorrect, and the Weekly Advertiser apologies for any inconvenience.

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