Planning Minister Sonia Kilkenny approved the Avonbank EES in December 2024. WIM Resource is also exploring two other areas south of Horsham for heavy mineral sands.
At Monday’s hearing, Wilson did not enter a plea, but his lawyer, Ashleigh Harrold attempted to fast-track the case against him.
Harrold immediately sought a hearing in November to cross-examine the prosecution’s evidence, even though the magistrate hadn’t yet determined whether such a hearing was necessary.
“I’ve got a form 12 filled out. I’m ready to go,” she said. “We want to secure a date ASAP. This matter has unfortunately been going on for some time.”
“My client is entitled to proceed to contest, his name has been sullied and no doubt it will continue [due to the media coverage of the case].”
Harrold also told the court it wasn’t fair that her client had to wait for police to complete a cybercrime analysis of his laptop before he could contest the charges.
The court heard police had had the laptop since February, though magistrate Kieran Gilligan noted “e-crime is notorious for delays”, and that Harrold knew that too.
Russell Heard, left, with Donna Johns, one of the farmers whose land will be affected by the proposed mine.
“If it’s not ready, then the prosecution can’t be deprived of having that analysed before any hearing surely, unless the delay is so enormous that it is prejudicial to your client,” Gilligan replied.
Gilligan deferred the case for a contest mention – where it will be determined if it can be resolved without the need for more court hearings – on October 8.
Russell Heard, who farms south of Horsham, is the president of Mine Free Wimmera Farms. He said farmers were hoping for an outcome in this case that would make the government reconsider its eagerness to approve this and other sand mines.
“We feel this court case will be a landmark decision for everyone in Victoria,” he said. “We want to see a fair and just outcome because we are going to have to live with the potential consequences of rare earth mining.”
Heard said local farmers were worried about losing access to their productive farmland and the potential health impacts of dust from the mine, among other concerns.
In Victoria, the planning minister must consider “whether an applicant or an associate has been convicted of a fraud or dishonesty offence” when deciding whether they are a fit and proper person to hold a mining licence.
The Age asked the state government whether a guilty verdict in this case would compel the minister to reconsider her approval of the EES.
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“As the matter is before the courts, it would be inappropriate to comment further,” a spokesperson said.
Victoria has 39 per cent of Australia’s zircon – found in computer disk drives and other domestic products – and approximately 27 per cent of world reserves, with an estimated 33 million tonnes.
In December last year, the state government announced it would establish “critical minerals priority development zones” and centralise project approvals, as part of a new road map designed to unlock Victoria’s rare earth deposits, valued at $200 billion.
Since then, mining companies have been granted licences to mine for sands and rare earths under farmland near Minyip and Swan Hill, also in western Victoria.
In September, Resources Victoria updated its guidelines to make it easier for those applying for mining and retention licences to prepare and submit documents supporting their proposals.
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