In an ASX announcement, Argonaut Resources reported that its subsidiary Kelaray had filed an appeal against the judgement, which was handed down by Chief Justice Chris Kourakis last month following a lengthy court battle between the company and Barngarla Traditional Owners.

The judgement set aside an authorisation granted by former Premier and Aboriginal Affairs Minister Steven Marshall in 2020 which allowed Kelaray to drill more than 1000 holes at Lake Torrens in the state’s outback in search of iron-oxide-copper-gold.

Marshall signed off on Kelaray’s application under Section 23 of the Aboriginal Heritage Act, at the time over-ruling a recommendation from his own department, which advised that drilling at the site could cause “potential risk to archaeological heritage” and “hurt, sorrow and sickness” to Traditional Owners.

He told InDaily that the previous Weatherill Government had already approved drilling at Lake Torrens and his authorisation was granted after “extensive consultation” with Aboriginal people and organisations.

But Kourakis found Kelaray’s heritage plan and “chance find procedure” would subvert the state’s Aboriginal heritage laws and “puts items of Aboriginal heritage at risk”.

In its ASX announcement, Argonaut reported that Kelaray’s legal counsel had considered Kourakis’ judgement and that an appeal had been filed with the Court of Appeal.

InDaily contacted Argonaut and Barngarla Determination Aboriginal Corporation for comment.

Argonaut last month claimed that the judicial review “succeeded only on a very limited basis”.

It also stated that the judgement had the potential to disrupt several major South Australian construction projects with similar Aboriginal heritage authorisations, including the new Women’s and Children’s Hospital.

“Initial interpretation of the judgement suggests that new development authorisations granted by the South Australian Government can accommodate the issue identified by the Court,” it said in an ASX announcement last month.

A state government spokesperson told InDaily soon after the judgement was handed down that it had sought legal advice.

They told InDaily yesterday that the government had noted Argonaut’s decision to appeal and was “continuing to seek advice into the implications of the Supreme Court’s recent decision”.

Lake Torrens is Australia’s second largest salt lake and plays a significant role in Adnyamathanha, Pitjantjatjara, Yankunytjatjara, Arabana, Barngarla, Kokatha and Kuyani beliefs and songlines.

It is listed as an Aboriginal heritage place and the government believes ancestral remains are likely to be buried around the lake’s perimeter and islands.

Barngarla Determination Aboriginal Corporation is also fighting a Federal Court battle to thwart construction of the controversial nuclear waste storage facility at Napandee near Kimba on the Eyre Peninsula, arguing it wasn’t properly consulted by the federal government before the site was selected.

Information released by the federal government reveals it is spending three times more than the Traditional Owners fighting the project in the Federal Court.