The project, which proposes a mine at Bendigo and Ardgour Stations, about 20km north of Cromwell, is going through the final stages of the fast-track hearings.
In a memorandum issued yesterday, fast-track panel chairman Matthew Muir, KC, said Sustainable Tarras representative Prof James Higham and Environmental Defence Society planner Elizabeth (Anne) Stevens were allowed to continue in the expert conferencing stage of the hearings.
Santana Minerals had pointed to the social media activity of the pair as an indication they would not be impartial in the hearings.
Prof Higham appeared to make comments encouraging people to sign Sustainable Tarras’ petition opposing the project, share anti-mining content, circulate content advocating against the project and support opposition to it.
In its decision, the panel recognised Prof Higham was ‘‘an academic’’ and ‘‘not a professional witness’’ and that he regarded universities as the ‘‘critic and conscience of society’’.
‘‘That said, the panel adheres to its earlier expressed view that the comments indicate a level of partiality which potentially calls into question his ability to approach conferencing with the level of independence expected.’’
However, the panel decided to allow Prof Higham as he was the only expert to have provided tourism-related evidence and ‘‘so the preferable course is to take Prof Higham’s expressions of personal views into account in terms of the weight the panel ultimately gives to his expert opinion but not to exclude him from conferencing’’.
Ms Stevens had made statements on social media the application represented ‘‘a crossroad’’ for the region and it was ‘‘time for us to reflect deeply on where we are going as a country’’.
She also suggested the imperative should be to ‘‘restore’’ and that claims the mine ‘‘can leave any area better than before simply cannot stack up’’.
The panel again allowed Ms Stevens to stay in the hearings.
‘‘Although Ms Stevens’ personal views are expressed in a more measured way than those of Prof Higham, the panel infers from them personal opposition to the proposed development.
‘‘Again, however, she is not in the category ... where she is personally and directly affected by the proposal. And again, the panel considers that such personal opinions as she has expressed can be considered in terms of the weight the panel ultimately gives to her expert opinion.’’
Santana has voiced concerns about the partiality of other witnesses. Mr Muir is considering whether Sustainable Tarras archaeologist Matt Sole can continue in the hearings, after Santana raised concerns about his previously voiced opinions about mines and his ‘‘anti-mining advocacy’’.
