Plans to expand the mine were announced in 2005. As the main ore body lies directly beneath the river, the expansion required the diversion of 5.5 km of the McArthur River. The mine's expansion was quickly approved, with the support of Prime Minister John Howard. The approval was later revoked by action taken by the Northern Land Council with the support of the Traditional Owners and the Environmental Defenders Office, through the Supreme Court of the Northern Territory. This decision was also overturned within days and the mine given the go-ahead once more by parliamentary vote. The Traditional Owners continued to protest, taking the matter to the Federal Court of Australia. They won the case, only to have this decision declared invalid. The final decision was left to Peter Garrett, the Federal Environmental Minister at the time. Xstrata had threatened to sack all 170 staff unless Garrett made a quick decision. On 22 January 2009 he approved the expansion, "subject to a further 10 days of evaluation by Indigenous groups and others", promising also to protect local species such as the sawfish and migratory birds. Later in 2009, a report found that the mine's environmental impact was not being monitored.