In short:
Approval for the Bowdens Silver project was overturned in 2024 following a legal challenge by a landcare group near Mudgee.
The Independent Planning Commission, which granted the initial approval, is set to reassess the project.
What's next?
Two days of hearings will be held at the Mudgee Showground in October.
A tiny landcare group in Central West NSW is bracing itself for another showdown in its ongoing fight against a mining giant.
Plans for a billion-dollar silver mine near Mudgee are once again before the Independent Planning Commission (IPC).
It comes after the previous approval of the Bowdens Silver mine near Lue was overturned by the NSW Supreme Court of Appeal.
Lue resident and member of the Bingman Catchment Landcare Group, Susannah White, said no changes had been made to the project which was previously approved by the IPC.
"We've seen this show before," she said.
"We're not holding our breath about the independence of any outcome."
The company behind the project, Silver Mines Limited, wants to extract up to 30 million tonnes of silver, lead and zinc over 23 years.
But those plans were thrown into disarray when a panel of judges found the impacts of a transmission line had not been properly assessed.
Redetermination underway
A new three-person panel of commissioners has been appointed to assess the proposal, which has not been amended since the Court of Appeal's judgement.
"The previous determination has no influence on this new assessment," the IPC said in a statement.
"The new panel is independent of the previous panel and will start afresh in considering the entire application on its merits."
If the project is approved, Silver Mines Limited will offer community members voluntary blood testing to track their lead levels.
Ms White said the mine would be located 2 kilometres from the Lue Public School, leaving parents with a decision to make.
"Do they subject their children to routine blood tests to make sure they can monitor their levels of lead that will potentially increase as a result of lead being mined in the community?" she said.
A 'major step forward'
In a statement, Silver Mines managing director Jo Battershill said the hearings, which will mark the start of the IPC's assessment process, were "a major step forward in the approvals process".
"The Bowdens team has delivered a robust, environmentally responsible project … and offers substantial long-term economic and social benefits," he said.
Mr Battershill said community health concerns were taken "seriously" and the project had undergone extensive technical assessment, government and independent peer review.
"[The assessment and reviews] found the project is not expected to result in adverse human health impacts, including from lead exposure," he said.
The 13-kilometre transmission line at the centre of the Court of Appeal's challenge is now being assessed separately from the rest of the project following a determination by the NSW Planning Secretary in May 2025.
Community frustration
Written submissions will be open until October 23, and public hearings will be held across two days in Mudgee on October 14 and 15.
Ms White said giving the community less than a month to prepare for the IPC hearings was unreasonable.
"The company has had as long as it's needed to get its ducks in a row," she said.
"The onus falls on the community in a very short space of time to become planning experts."
A spokesperson for the IPC said in a statement that the panel would also consider submissions that were made to the commission in 2022 and 2023.
"The time provided to stakeholders to consider and make submissions is on par with any new state significant development applications involving a public hearing," the spokesperson said.
The project was referred to the IPC by the NSW Department of Planning, which has recommended the project be approved.
Economic concerns
Ms White said the mine could put the Mudgee region's tourism and agriculture industries at risk.
"Why an open-cut lead mine is a good idea in a region like this is beyond me,"she said.
"Decision makers need to take a cold, hard look … at what is the right decision for a sustainable, thriving economy in the Mudgee region.
"I can guarantee it is not an open-cut lead mine."
Mr Battershill said the project would provide more than 300 direct full-time jobs over its life span.
"Mining is a significant contributor to the economy of the region, and we expect Bowdens to enhance that position," he said in a statement.
Ms White said it was too early to say whether the Bingman Catchment Landcare Group would launch another appeal if the mine is once again approved.
"Whether there will be any grounds for a legal objection or appeal, we will just have to wait and see," she said.


