A federal court has overturned a protection order issued by former environment minister Tanya Plibersek under Indigenous heritage legislation. Regis Resources, the company involved, stated the order effectively blocked its McPhillamys goldmine development in central New South Wales.
The protection order was issued in 2024 under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. Regis Resources challenged this decision.
The Wiradyuri Traditional Owners Central West Aboriginal Corporation had asked the minister to protect the headwaters and springs of the Belubula River, citing their importance to creation stories. The order specifically prevented the company from constructing a tailings dam in the headwaters of the river.
On Wednesday morning, Justice James Stellios ruled the order was invalid. The court's reasons for this decision are scheduled to be published on Friday. According to the ABC, Justice Stellios stated the court's decision and reasons do not address the merits of the claim regarding the area's significance or threat, as these matters fall under the minister's authority, not the court's jurisdiction.
Regis Resources argued at a hearing last year that it was denied procedural fairness and that the government made errors in its process before issuing the order. The company anticipates that the current environment minister, Murray Watt, will now be required to redetermine the application for a Section 10 Declaration, taking into account Justice Stellios's findings.
Managing director Jim Beyer stated that the judgment is a significant step forward for the McPhillamys Gold Project. He added that the company is also pursuing an alternative development approach, which involves co-disposal of processed ore and waste rock in an Integrated Waste Landform, thereby avoiding the area impacted by the declaration.