The NSW goldmine protection order issued under federal Indigenous heritage laws has been overturned by the federal court, clearing a major hurdle for a proposed mine in the state’s central west while leaving the underlying heritage questions to be reconsidered.
Regis Resources had challenged former environment minister Tanya Plibersek’s 2024 declaration under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. The order had restricted works affecting the headwaters and springs of the Belubula River, an area the Wiradyuri Traditional Owners Central West Aboriginal Corporation sought to protect as central to creation stories.
NSW goldmine protection order and federal court ruling
The company argued the declaration, although covering only part of the broader site and not the planned mining pit itself, would make the McPhillamys gold project near Blayney unviable by preventing construction of a tailings storage facility in the river’s headwaters.
In a ruling delivered Wednesday, Justice James Stellios found the declaration invalid. The court said its detailed reasons would be published Friday. According to remarks from the bench, Stellios noted the judgment did not address the merits of the heritage claims or whether the area is significant or at risk. Those matters rest with the minister, not the court.
During a three-day hearing last year, Regis Resources contended it had been denied procedural fairness and that errors occurred before the declaration was issued. The company’s counsel, Perry Herzfeld SC, argued that a blue-banded bee Dreaming narrative considered in the decision emerged two years after the initial section 10 application.
Regis said it expects the current environment minister, Murray Watt, to reconsider the section 10 application in light of the court’s findings. Managing director Jim Beyer called the outcome a significant step for McPhillamys, saying the decision supports the company’s position that the declaration made in August 2024 was legally flawed.
Watt said the government respects the ruling, noting the judge found an error in process rather than commenting on the merits. He said officials are reviewing the judgment and next steps, acknowledging the implications for Wiradyuri Elders, the company and workforce, and the Blayney community.
Regis added that any redetermination could be lengthy or unfavorable, so it is progressing an alternative development plan. The approach would co-dispose filtered tailings and waste rock into an Integrated Waste Landform, which the company says would avoid the area previously covered by the declaration.
New South Wales premier Chris Minns previously said he was disappointed the protection order was issued and reiterated his support for the mine proceeding, citing the importance of mining jobs to the state economy.
Watt said the case highlights the complexity of current cultural heritage processes and echoed calls from First Nations groups, industry and states for clearer rules under the Aboriginal and Torres Strait Islander Heritage Protection framework. He said the Commonwealth remains committed to working on a better system.
The Wiradyuri Traditional Owners Central West Aboriginal Corporation said it was disappointed but respects the decision and will assess its implications for Wiradyuri people, cultural heritage and Country. A spokesperson said the headwaters of the Belubula River remain of profound significance and that the court’s ruling does not diminish their cultural importance or the community’s obligation to care for Country.
