An independent review has been set up to look at the risks to Aboriginal heritage and sacred sites in the conditional approval of Shenhua's proposed Watermark mine in NSW.

The Federal Government has approved the review applied for by the Gomeroi Traditional Custodians, who have a number of cultural sites within the proposed mine’s boundary.

The mine was approved by the Federal Government in 2015, but the company behind it has not applied for a mining licence.

The traditional custodians want the Environment Minister to protect the following areas: Watermark Mountain, landscape corridors from the mountain’s summit that face towards culturally-significant areas, and the areas themselves — two ancient grinding grooves and two culturally-modified trees.

The group said the sites “retain immeasurable historic, social and cultural value to Gomeroi People”, and that there is too much risk of desecration or destruction from the large scale open cut coal mining project.

The group also uses the area to gather medicinal plants and bush tucker, and perform other Gomeroi cultural activities.

Sydney barrister Susan Phillips is taking written submissions until October 11, looking to define the significance of the area, the nature and extent of potential desecration, and the size of any potential protected area.

The Federal Department of Environment and Energy has already said it found no failings in the NSW Government’s approval of the mine, but it must conduct the review anyway because it was triggered by the use of Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act – a so-called “last resort” protection.

Even though it is an independent review, final say sits with Federal Environment Minister Josh Frydenberg.