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Federal Court Proceedings

MMG Rosebery continues to await final court orders in relation to the Federal Court’s judicial review of the Minister for the Environment’s decision on MMG’s Environment Protection and Biodiversity Conservation Act (EPBC Act) referral for preliminary works associated with the proposal of a new tailings storage facility (TSF).

The decision of the court on 25 July 2022 related only to the process the Minister followed in assessing MMG’s referral for preliminary works under the EPBC Act and does not relate to the merits of the preliminary works. It will now be up to the Minister to make another decision in relation to whether those preliminary works are a controlled action under the EPBC Act.

The preliminary works include environmental surveys and assessments, and geotechnical studies required to inform the feasibility of building a TSF at the proposed location in South Marionoak. The data collected from these investigations are necessary to inform the overall assessment.

At all times, MMG has operated in good faith, and followed due process and any instruction issued by State and Federal Government departments or agencies. The assessment of MMG’s proposed new TSF is still ongoing and is not the subject of any court proceedings.

We remain committed to the highest standards of compliance and accountability and will continue to work with regulators to enable us to find a balanced solution that will co-exist with the natural environment and secure the future of the Rosebery Mine and our 500 employees and contractors.


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