Category Archives: Background Information

Background Information

SOMR Update May 2025

Mungay and Deep Creeks – SOMR Notice to Residents about the safer use of water

The old Mungay Creek antimony mine closed in 1972 with minimal rehabilitation and has since been leaching antimony and arsenic into Deep and Mungay Creeks and eventually into the Macleay River downstream from Willawarrin.

In 2017, the then NSW Derelict Mines Department were going to reduce the antimony and arsenic with managed sediment dams, but later changed priorities and did nothing.

Mid North Coast Local District Health and later Kempsey Shire Council, were requested by SOMR to help to develop and distribute a ‘Notice to Residents’ about the safer use of water downstream from the Mungay Mine. Both declined. Therefore, SOMR developed the Notice to Residents and distributed it to every property adjacent to the two affected waterways.

Letterboxing Notice to Residents

Information in the ‘Notice’ is based on 7 years monitoring findings by Professor Scott Johnson of Southern Cross University (SCU) and the University of New England’s research over the last 20 years.

Oven Mountain Pumped Hydro Scheme

According to the NSW government’s DPHI Project Planning Portal the pumped hydro scheme in the Macleay Valley near Georges Junction is still in the assessment phase. The decision is in the hands of Paul Scully, the Minister for Planning, and was expected by the end of last year with Alinta Energy advising that construction would start by mid-2025. The company has now changed the expected construction commencement to 2026.

In their March Newsletter Alinta informed that they are assessing the geology along Armidale Road “to ensure the proposed transport route can be upgraded. so our haulage vehicles can safely deliver construction materials during the project’s construction phase.” Will the necessary upgrade and maintenance of Armidale Road be publicly funded?

Alinta is keeping up the public profile by participating in the New England Renewable Energy Careers Expo in March 2025 and by offering community grants for “grass roots organisations” of $20,000 each to a total of $250,000.

Fines for Clybucca illegal dams

On 27th February 2025, the NSW Local Court found the company Greenleaf Australia and the director Xiuming Lin guilty of 12 of 16 charges each. The company was fined $224,000 and ordered to pay $155.000 in costs and to carry out extensive remediation. The director was fined $71,250.

The case was heard at the Local Court and it has been said that it is a rather substantial fine. https://www.abc.net.au/news/2025-03-05/300k-fine-for-green-leaf-farming-company-and-director-over-dam/105006882

SOMR has not found details of the remediation order, but it can be expected that at least the dam with the leaking dam wall at the boundary to the Clybucca Wetlands will be removed.

Riverside Gravel Extraction

Flooding of the Macleay River in March and April saw the equipment taken to higher ground. A recent site visit with the owner to the adjacent upstream property confirmed that the extraction ‘hole’ held water and recent upstream bank erosion was evident. The ‘head-erosion’ has now reached the main river channel.

Residents in the vicinity of the quarries and SOMR believe that the DAs should have been assessed as Designated Development and not approved as Existing Use Rights, because the EP&A act defines existing use as one that began legally but would now be prohibited.

Several matters of the then legislation would make the Gravel Extraction DAs a ‘Designated Development’ thus requiring an EIS.

In answer to a GIPA (Freedom of Information) lodged with KSC, SOMR found that no EISs ever existed.

SOMR is contacting the Environmental Defenders Office (EDO) for legal advice.

Hillgrove Mine

With record gold price and near record antimony price, Larvotto the current owners of Hillgrove Mines, are aiming to re-commence ore production by early 2026.

Since acquiring Hillgrove Mine in late 2023, Larvotto completed diamond drilling programs at Clarkes Gully and Bakers Creek, is investigating the construction of a new tailings dam as well as the method of Dry Stack Tailings.

In March 2025, Larvotto announced the purchase of Echidna Gully, an established facility located near Hillgrove to secure accommodation for the expected workforce. On 10 April 2025 he company opened an Information and Community Engagement Hub in Armidale.

As a ‘first step’ in open communications with ‘Larvotto’, SOMR representatives participated in an online meeting with Non-Executive Director Rachelle Domansky and Chief Operating Officer Sonja Neame on 17 April. At the meeting, SOMR relayed the history of communications with the mine operators since 2013 and reaffirmed the group’s primary concern with protection of the Macleay River from As & Sb and other harmful elements. In reference to potential contamination, the safety of the proposed ‘Dry Stacking’ process of waste material was questioned.

Numerous articles about dry stacking can be found on the internet, e.g. https://open.library.ubc.ca/media/stream/pdf/59368/1.0107683/1

To improve community understanding, it was proposed to establish of a ‘Community Reference Group’ including SOMR and downstream stakeholders such as First Nations representatives and Kempsey Shire Council. Rachelle Domansky will work towards a first Reference Group meeting in May.

Water Test Kit

SOMR has now ordered a new Water Test Kit. The process of identifying and ordering the components was complicated because several suppliers had to be contacted. Some of them are located overseas. The kit includes coliform, phosphate, arsenic tests and more. The cost is covered by the community grant SOMR received from Kempsey Shire Council.

SOMR has already received several requests for water testing

NSW Water Sharing Plan Review (Macleay catchment)

As reported in the End of 2024 Update, SOMR contributed a brief submission to the NSW Water Sharing Plan Review.

As a consequence, SOMR members were invited to an online meeting with the Natural Resource Commission’s Principal Advisor Stef Schulte in December 2024 and a face to face meeting in March 2025 at the Kempsey Library with Andrew Craig, Senior Water Planner at DCCEE&W. SOMR’s submission was discussed at both opportunities. Concerns about water contamination were also raised, however the Water Sharing Plan is only concerned with water quantity, not quality.

Earth Law – Rights of the River

SOMR is preparing to facilitate a presentation in Armidale by the National Convenor of the Australian Earth Laws Alliance (AELA), Michelle Maloney. This will be another step on the long journey to the full protection of the Macleay River.

Become a member of Save Our Macleay River Inc by using the application form on the website. Meetings discussing the above issues, and more, are held every six weeks and are open to all members either in person or via Zoom.

End of 2024 Update

At the end of SOMR’s 12th year, the group is as committed as ever to protect the Macleay River catchment. Many issues need continuing attention, new issues and new approaches to finding solutions are arising. For more details on the issues click here https://saveourmacleayriver.com/wp-content/uploads/2024/12/Update-December-2024-.pdf

In summary they are:

Hillgrove Gold and Antimony Mine

Hillgrove Mine owners Larvotto are reporting positive test results for gold and antimony explorations. Production as not yet re-commenced.

The company has been accepted into the Defense Industrial Base Consortium (DIBC). Antimony produced from the project could support US defense applications, including ammunition and nuclear weapons.

Oven Mountain Pumped Hydro Scheme

In mid 2024, the NSW Department of Planning Housing and Infrastructure (DPIE) published the Submissions Report. While waiting for the decision by the Minister for Planning Paul Scully, Alinta has announced the selection of two construction companies.

South Kempsey Battery Energy Storage

Recently, a proposal for a large-scale battery storage facility on approximately 5 ha of a private property in South Kempsey was made public. This State Significant Project with a capacity to supply up to 200 megawatts (MW) over a duration of 4 hours (800 MW-hours) is 100Mw less than the Oven Mountain Pumped Hydro proposal and will be located close to the Kempsey substation.

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A call to rethink Anthropocentrism & Ecocentrism,
from ecologyofperception.blogspot

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Gravel extraction in the riverbed

After several years of local residents monitoring gravel extraction in the riverbed and letter writing to authorities, it looks like the relevant regulations will finally be held up again.

Growing water use in the Upper Catchment and Water Sharing Plan

With a submission, SOMR to contributed to the NSW Water Sharing Plan RevieWater sharing plans are legally binding plans made under the Water Management Act 2000, setting rules for sharing water for social, economic and agricultural use, cultural use and the environment.

Water Test Kit

SOMR successfully applied for a small KSC community grant to buy a new Water Test Kit. As soon as a new kit can be purchased, test requested by residents will be carried out.

Events held in 2024

During the year, SOMR members and the public were treated to some very interesting talks and presentations, such as

  • the results of long term water testing by Professor Johnson,
  • the legal Rights of the River by Dr Michelle Maloney, and not least
  • the Macleay River Estuary Management by John Schmidt

You are invited to get involved and become a SOMR member. You will receive the informative minutes and invitations to special talks and you can participate in all meetings.

Update September 2024

The recently presented Macleay Water Quality studies were received with great interest. Other issues SOMR is concerned about are

  • Oven Mountain Pumped Hydro Scheme,
  • Gravel extraction in the riverbed,
  • Growing water use in the Upper Catchment and
  • Water theft for intensive horticulture effecting the coastal wetlands.

Oven Mountain Pumped Hydro Scheme

The NSW Department of Planning Housing and Infrastructure (DPIE) has now published the Submissions Report, containing responses to the 76 public and agency submissions and advice of amendments regarding the Environmental Impact Statement (EIS) and Development Application (DA) for the Oven Mountain Pumped Hydro Scheme – available on DPIE’s Project Portal https://www.planningportal.nsw.gov.au/major-projects/projects/oven-mountain-pumped-hydro-energy-storage

As with lodging submissions, there were problems accessing the site for several days. Currently, researchers from University of New England and Southern Cross University as well as SOMR members are scrutinising the extensive documents. It is possible to respond once again. Without a clear deadline, comments should be sent as soon as possible to lauren.clear@dpie.nsw.gov.au

The Submissions Report was provided in August 2024 by OMPS Pty Ltd, although Alinta Energy announced acquisition of the project from OMPS Pty Ltd on Dec 23 2023.

Alinta Energy, operating as energy provider in several Australian states is owned by a private investment firm of Hong Kong’s billionaire Cheng family. (for some background, see a 2020 article: https://asia.nikkei.com/Spotlight/The-Big-Story/China-shadows-the-rise-of-Hong-Kong-s-next-tycoons and Wikipedia)

On 19 June 2024, consultants conducted a so called ‘Oven Mountain Pumped Hydro Community Benefit Workshop’ on behalf of the Oven Mountain Project – Alinta Energy at Kempsey Macleay RSL Club. Participation was by invitation only and applicants were screened. While it was stated the project is not yet approved, the presentation and focus of the workshop on “community benefits” resulting from the development can only be seen as promises which raise expectations and hopes and consequently support for approval of the scheme.

Macleay Valley near Oven Mountain – as seen from Mary’s View Outlook Photo: Christa Schwoebel

On 16 July, SOMR President Paul Smith and Secretary Rupert Milne Home met with Michael Kemp, State MP for Oxley, to discuss his support for the OMPHS project. Mr Kemps is liaising closely with Alinta Energy. He dismissed considering the logistical issues leaving this is up to Alinta Energy to resolve and does not wish to investigate alternative sites and energy storage options as he sees this as the Australian Energy Market Operator (AEMO) remit. He said he was keen to see his electorate getting maximum benefits from the project. – i.e. assuming it’s going ahead.

Mr Kemp also advised that the Kempsey-Armidale Road upgrade costs to the State have been elevated from $279m to over $400m.

Riverside Gravel Extraction

Earlier in the year, SOMR lodged a suspicious activity report with NRAR – the NSW Natural Resources Access Regulator – about Gravel Extraction Quarries in an active channel of the Macleay River near Turners Flat. In June, NRAR Project Officers inspected the site and afterwards informed SOMR “Your report to NRAR has been fully investigated and NRAR has taken appropriate enforcement actions in response to the matter. The case has now been closed.” In follow-up conversations with NRAR, a “confidential warning letter” to the operators was mentioned. SOMR applied to access the letter under the Government Information (Public Access) Act (GIPA) and expects a response by the end of September. Residents of the area continue to monitor the activities in the riverbed.

The SOMR post from April 2022 describes the effects on the river in detail https://saveourmacleayriver.com/2022/04/

A letter to Michael Kemp, Member for Oxley has been sent, making him aware of the matter, requesting his assistance in release of the information and the GIPA information request. Apparently, our original email to Michael Kemp was not received due to technical issues and the information has now been resent.

Upper catchment – New England and Armidale Regional Council area

As previously reported, Armidale Regional Council (ARC) is planning for ambitious population growth from 24,000 (Census 2021) to 50,000 by 2040 and the growth of 4,000 jobs based on industry expansion such as the education sector and water intensive horticulture/agriculture.

To future-proof” the water supply, ARC developed a water security package which includes raising the Malpas dam wall by up to 6.5 metres (announced June 2022) and the Oaky project. The then MP Adam Marshall seemed to have secured $27 million State Government funding for the project. Local groups who are monitoring water flow and quality in the Upper Macleay catchment noticed recently that this item is not recorded in the 2022/2023 State budget and this has been acknowledged by ARC.

Pre-construction work on the concept design phase of Oaky Dam with pipeline to Armidale has been occurring since February 2023; a ‘willingness to pay’ consultation of ARC residents, foreshadowed by the Mayor, is yet to occur.

Logging activity is continuing in the Styx River Native Forest. Conservation groups are encouraging ARC to join other local Councils in urging State Government to halt logging in State Native Forests. Logging in this area has a significant impact on the Styx River, a tributary of the Macleay.

Illegal water harvesting in the Clybucca area

Over many months, a criminal case has been heard about the construction of several dams without permission. 12 charges regarding unauthorised use of water and dam proximity to the wetlands had been laid by NRAR – the NSW Natural Resources Access Regulator against the company Green Leaf Australia and Director Xiuming Lin. Under the directorship and management of Xiuming Lin, the company is operating an extensive horticultural enterprise with nearly 500 green houses near Clybucca and at least nine dams of varying sizes.

For more details about the farm see https://saveourmacleayriver.com/wp-content/uploads/2023/12/SOMR-Update-12-2023.pdf

According to Director Xiuming Lin, most of the dams were built by “holiday makers from Taiwan” who used hire equipment. When asked by an NRAR Officer why no approval had been sought, the reply was, “we don’t speak English”.