The Federal Court has overturned a protection order issued by former environment minister Tanya Plibersek that effectively blocked the controversial McPhillamys goldmine development in Blayney, central west New South Wales. The ruling came after Regis Resources challenged the order, which was issued under the Aboriginal and Torres Strait Islander Heritage Protection Act in 2024.
Background
The protection order was requested by the Wiradyuri Traditional Owners Central West Aboriginal Corporation, who sought to protect the headwaters and springs of the Belubula River, a site significant to their creation stories. Regis Resources argued that the order, while affecting only part of the site, rendered the goldmine development unviable by blocking the construction of a tailings dam in the river's headwaters.
Court Decision
In a decision announced on Wednesday morning, Justice James Stellios ruled that the protection order was invalid. The court's reasoning will be published on Friday. Stellios noted that the court's decision did not address the merits of the claim regarding the significance of the area or its threat of injury or desecration, stating these matters fall under the minister's authority, not the court's jurisdiction.
