On Thursday, March 14, Justice Sandra Duggan dismissed the case brought against Bowdens Silver Mine by Mudgee Region Action Group. The case was the groups latest attempt to halt the development of the approved silver and lead mine.

Bowdens Silver Project in Lue was given the go-ahead by the NSW Independent Planning Commission on Monday, April 3 2023. The project will have approval to operate until 2046 including its construction, mining and site rehabilitation phases. The mine is expected to extract two million tonnes of silver, lead and zinc ore a year.

A majority of the concerns raised in opposition to the mine have related to the health of residents of Lue and potential effects to water sources and the area's biodiversity. The IPC ultimately concluded that the project could meet the safety requirements and was in the public interest.

Bowdens Silver Managing Director Jonathan Battershill said the judgement brings the mine one step closer to reality.

"We are committed to the development of the Bowdens Silver Project, and we now look forward to getting on with progressing the Project which will create jobs, drive investment and attract new businesses to the region," Mr Battershill said.

"We strongly believe we have delivered a technically reliable and environmentally responsible project. We are pleased to put these proceedings behind us and look forward to continuing to work actively with the community and all other stakeholders."

Lue Resident Janet Walk said the outcome was a blow to the Lue community.

"It was very disappointing, disheartening, because it is just as though there is no way that the community are listened to," she said.

"That's what is the worst part of this. That your knowledge of the land, your knowledge of the water, your knowledge of the winds is just completely disregarded in lieu of people who live in Sydney who are on the desktop saying, 'No, no, this will be alright.'

"That's what is so outraging."

Cate Faehrmann, Greens MP and mining spokesperson agreed.

"I'm disappointed, of course, for everyone involved in the campaign to stop the mine at the local level," Ms Faehrmann said.

"It's important to remember that this was only a judicial review. It was always about process and the planning approval, and whether everything was done properly. It wasn't about the merits of the project itself.

"The Government ensured that the community's avenue of a merits appeal was closed off when the former Planning Minister requested that the Independent Planning Commission hold a public hearing regarding the project. This quashing of merits appeal rights happens regularly in resource projects and it shouldn't and I believe even the NSW ICAC agrees with me on that point.

"These are more than enough reasons for Minister Plibersek to knock the project on the head. The community is campaigning very strongly for this outcome and I know that they, and their supporters, will stop at nothing to protect their local area and livelihoods from this mine."

Bowdens Silver said it continues to work through a variety of management plans central to the mine's operation and as required as part of the development consent - including but not limited to water, noise, social impact, air quality, heritage and traffic.

"We will continue to work actively with the community and all other stakeholders as we finalise optimisation and management plans and the Project moves to development," Mr Battershill said.

"Throughout this process, we've remained committed to regular and open engagement with the community."

The mine has yet to be signed off yet at the federal level by Environment Minister Tanya Plibersek.

"There are critical issues relevant to the EPBC Act that have been raised and that I understand she is closely examining, like the impacts on the local koala population and on habitat for the critically endangered Regent Honeyeater," Ms Faehrmann said.

It is anticipated construction will commence in 2025 but MP Cate Faehrmann said the mine isn't inevitable.

"There is no doubt in my mind that the mine would negatively impact on perceptions of the Mudgee Region and everything it's known for, such as wine, tourism, agriculture and the rest," Ms Faehrmann said.

"This result has no doubt been tough for a lot of people, but the Lue locals are some of the toughest and smartest people I know and they're not giving up. They need to know they've got a lot of support out there to continue the fight against this mine which should never have been approved in such a biodiverse and productive area of NSW."

Bowdens has held a consistent position that the legal claim by the activist group was without merit. The mine is expected to create over 320 jobs during construction and over 220 ongoing jobs.