Fingerboards mine proposal triggers nuclear action provisions: Mine Free Glenaladale

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Mine Free Glenaladale welcomes the decision by the Federal Environment Minister, Murray Watt, to include nuclear as a controlled action under the Environment Protection and Biodiversity Conservation Act 1999 (Cth)(EPBC Act), in relation to the proposed Fingerboards mineral sands mine.

DCCEEW Screenshot
Screenshot: DCCEEW, May 2026

The project will be assessed under a bilateral agreement between the Commonwealth Government and the State of Victoria to ascertain whether it will be approved under the EPBC Act.

Robyn Grant from Mine Free Glenaladale said, “There was some disappointment in the community that the Minister did not reject this proposal outright, because of the serious environmental impacts it poses to Matters of National Environmental Significance (MNES) in the region.

“Gippsland Critical Minerals (GCM) EPBC referral did not include nuclear action as a MNES, yet the proponents own referral document describes the radioactive content of the ore as triggering the value for a nuclear action, and the Commonwealth has agreed.

“In the Notification of Referral Decision handed down by the Minister, nuclear action was included along with Ramsar wetlands, listed threatened species and communities, and listed migratory species as controlled actions.”

The EPBC Act is Australia’s primary Federal environmental legislation, establishing the framework to protect nationally important environmental values.

The purpose of the Act is to protect MNES, to strengthen environmental protection and biodiversity conservation, deliver measurable environmental outcomes, protect ecological sustainable development and to fulfill Australia’s obligation under international environmental agreements.

The nuclear controlled action provisions under the EPBC Act demand assessment of radiological risks, radioactive tailings waste, transport and storage of radioactive materials, and considerations associated with workplace safety including radioactive exposure. The decision to include a nuclear controlled action in the Fingerboards proposal was deemed necessary due to the presence of thorium, monazite and uranium in the ore body.

Ms Grant said “Gippsland Critical Minerals oversight to not include nuclear action in the EPBC referral was prompted by their claim that storing heavy mineral concentrate in a shed prior to transporting for final processing would lessen the risk of radioactive material in the environment.”

She added “The community has real concerns that radioactive dust, leaching of inpit tailings disposal and mine runoff from the site into waterways will pose serious impacts on the environment. These radioactive substances remain in the environment for a very long time.”

One of two expert witnesses during the previous EES for GCM/Kalbar’s proposal to mine the same ore body in the same location raised the issue that …“new evidence shows that radiation risks to health are greater than previously thought and are not adequately reflected in regulatory limits. Health risks exist below the maximum permissible doses for the public and for workers. Radiation health risks associated with chronic diseases approximately double the risks associated with cancer.” (Ruff, 2021 IAC report)

The second expert stated that the uranium content of the proposed Fingerboards project’s HMC is actually higher than the operating Rossing Uranium mine. (Mudd, 2021 IAC report)

Ms Grant commented, “Our community appreciates that the Commonwealth Department of Climate Change, Energy and Water, which administers the EPBC Act, places a high priority on community safety. The proponent appears to not fully understand the seriousness or implications of the nuclear actions component of their proposed project.”

Draft scoping requirements will be released shortly and the community will have the opportunity to comment and lodge submissions to do with the controlled actions under the EPBC Act.

Find the series of stories relating to the Fingerboards Project including statements by Gippsland Critical Minerals and the community action group opposing the project, Mine Free Glenaladale here: Fingerboards Mineral Sands

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