The Regis Resources Gold Mine Project, Orange, NSW, Australia:

A  Precedent for Future Development Projects

OR The Catalyst for Linking Traditional Knowledge and Western Science?

A Conflict Assessment and Management Perspective

(Posted 12 September 2024)

KEY WORDS: Regis Resources’ Gold Mine Project; conflict; Indigenous lands; cultural heritage; sustainable development; Traditional knowledge; western science; cross-cultural pathway; Environmental Protection Agency; Lead Agency; Cooperating Agency

1.0   The recent decision by the Federal Environment Minister, to shut down the tailings dam for the Regis Resources’ Gold Mine Project at Orange, NSW - in a bid to protect Indigenous cultural heritage - has ignited controversy and conflict.

2.0 The source of the problem  for decision-making arises from the  collision between competing land use “interests” (i.e., their “needs and concerns”) over cultural heritage and development.

3.0  A significant  problem for decision-making  relates to the primacy of the relevant legislation for cultural heritage and development: Decision-making under legislation for “Aboriginal heritage” focuses on Traditional knowledge; the focus of “environmental protection and planning” legislation is Western science.

4.0 Differences between law and science for proof of causation add to the complexity for decision-making.

5.0  Finding solutions for conflicts over cultural heritage and development should not be seen as the exclusive domain of Traditional knowledge - or the sole province of Western science. Rather, that the decision-making process requires Traditional knowledge and Western science to be integrated; ideally, in a sustainable development framework.

6.0   But there is a pathway for going forward to resolve land use conflicts on Indigenous lands to achieve this linkage: The cross-cultural pathway arising under United States environmental legislation viz. The National Environmental Policy Act of 1969 (“NEPA”) for environmental assessments.

READ MORE… on why a decision-making process based on environmental assessments that integrates Traditional knowledge and Western science warrants consideration to prevent history repeating.

Dr Ted Christie is a past Fulbright Professional Scholar (Practising Lawyer ~ Environmental Law).

Fulbright is the most widely recognized international exchange program in the world.

During the time Ted was in professional legal practice in Australia,

Ted was a member of the National Environmental Law Association of USA.

A second article outlines a sustainable development perspective

for conflict resolution which recognizes that

protecting cultural heritage and development are not mutually exclusive.

It can be downloaded on the following LINK.