Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 JULY 2026

Protest Group Los­es Appeal To Obtain Gov­ern­ment documents

Swaab Attorneys
Explore more from Swaab Attorneys

Two recent NSW Civil and Administrative Tribunal decisions examine the limits of public access to government documents under the GIPA Act in the context of the controversial Bowdens Silver Project near Mudgee. The rulings address whether community groups can obtain cabinet materials, legal advice, and commercial-in-confidence briefings related to major development projects, establishing important precedents for balancing transparency against government and commercial protections.

AustraliaGovernment, Public Sector
Matthew Cole
Matthew Cole
Author LinkedIn connections

On 2 July 2026, the NSW Civil and Administrative Tribunal (NCAT) delivered two closely related decisions in proceedings brought by the Mudgee Region Health Alliance (the Alliance), a community group protesting the proposed Bowdens Silver Project (an open-cut silver mine near Mudgee).

The cases — Mudgee Region Health Alliance v Minister for Finance, Domestic Manufacturing and Government Procurement and Natural Resources [2026] NSWCATAD 195 and Mudgee Region Health Alliance v Department of Planning, Housing and Infrastructure [2026] NSWCATAD 194 — centred on access applications under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). They highlight the tension between public transparency, accountability, and protections for government processes and commercial interests in major development projects.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

Yindjibarndi And WA Government To Appeal $150 Million Federal Court Native Title Compensation Decision

The State of Western Australia and the Yindjibarndi Ngurra Aboriginal Corporation have both filed appeals against a landmark Federal Court decision awarding $150 million in compensation for cultural loss caused by mining operations in the Pilbara region. This unprecedented case marks the first judicial determination of native title compensation for future acts and the largest cultural loss award in Australian history, establishing critical precedents for how compensation is assessed when native title rights
AustraliaGovernment, Public Sector
Holding Redlich
Holding Redlich
Article

NSW Data Centre Guidelines And Network Connection Consultation Paper

The New South Wales Government has released a comprehensive policy framework for data centre investment, establishing six core principles that developments must address while promising streamlined planning approvals. The framework introduces significant new compliance obligations around energy procurement, cost recovery contributions, and demand flexibility, including a $200,000/MW Major Network Upgrade Fee and requirements for renewable energy agreements with minimum 40% wind component.
AustraliaGovernment, Public Sector
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Victorian Construction Industry Royal Commission: What It Means For Project Participants

The Victorian Government has launched a Royal Commission into the Integrity of Major Public and Civil Infrastructure Construction Projects, examining allegations of corruption, criminal conduct and serious misconduct across major construction projects. The inquiry will scrutinise procurement practices, labour hire arrangements, subcontracting models, supply chains, project governance and government oversight, with implications extending far beyond Victoria's borders.
AustraliaGovernment, Public Sector
Piper Alderman
Piper Alderman
Article

Employ­ers Ban­ning AI Smart Glass­es From The Workplace

As wearable AI technology becomes more prevalent, employers face critical decisions about whether to ban smart glasses in the workplace. This analysis explores the privacy, cybersecurity, and workplace surveillance risks associated with AI-enabled eyewear, while examining the legal framework for regulating their use. Two important exceptions—disability accommodations and workplace safety—complicate what might otherwise be a straightforward prohibition.
AustraliaEmployment and HR
Swaab Attorneys
Swaab Attorneys
Article

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

New South Wales has introduced strict legislation targeting landlords who knowingly permit tenants to sell illicit tobacco and vapes from their premises. With penalties reaching $165,000 and potential imprisonment, property owners must now actively monitor tenant activities and report suspicious behavior. The legislation also grants landlords new powers to terminate leases when closure orders are issued, fundamentally changing the landlord-tenant relationship in commercial retail settings.
AustraliaReal Estate and Construction
Swaab Attorneys
Swaab Attorneys