A parcel of land on the outskirts of Muswellbrook containing sites of Aboriginal cultural heritage could be protected from mining if a landmark Commonwealth application to protect the area succeeds.
Scott Franks from the Plains Clan of the Wonnarua People has asked the Federal Government to prevent mining in an area covering the Mt Pleasant mine and a small section of the Mt Arthur mine.
The application has been made under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act.
The act gives the federal minister for water and environment the power to make a declaration to preserve and protect an area of Aboriginal significance where the minister is satisfied there is a significant threat of injury or desecration.
The application follows an ongoing battle between the Plains Clan of the Wonnarua People and mining giant Glencore regarding the future of the Ravensworth Estate near Singleton. Many historians believe the estate and its surrounds are the site of a 1820s massacre where 18 First Nations people were killed.
While the new application does not cover the main section of BHP's Mt Arthur mine, it includes a small section on the southwestern edge of the mine's footprint known as The Pocket.
The area is formally recognised as the site where 300 First Nations people were massacred by white settlers in the 1830s.
A BHP spokesperson said the company respected the cultural significance of The Pocket and had always acknowledged the significance of the Mount Arthur summit to the local Indigenous community.
"We have been working with the applicant and the relevant authorities and will continue to do so," he said.
If approved the application will have major implications for Mach Energy's Mt Pleasant mine extension.
The NSW Independent Planning Commission conditionally approved the expansion, will extend the mine's life by 22 years to the end of 2048, late last year.
In addition to concerns about potential impacts on Aboriginal heritage, it is among 19 projects that Environment Minister Tanya Plibersek has agreed to review under Environment Protection and Biodiversity Conservation laws.
Opponents of the expansion argue that it will also threaten one of the few known habitats of the Hunter Valley Delma, only recognised as a new species last year.
Mr Franks could not be contacted regarding the latest application on Tuesday. He has previously spoken passionately about the need to protect the region's environmental and indigenous heritage.
"There's a big black hole in the Hunter Valley regarding what happened here. Our people of Wonnarua have never been able to explain what happened to a population of 5000 to 6000 people," he said.
"Today we are now starting to see government dairies that contain word by word accounts of the hostilities by the garrison, the farmers and the mounted police against our people."
To see more stories and read today's paper download the Newcastle Herald news app here.
