Court overturns Tanya Plibersek’s protection order which stalled controversial NSW goldmine

Federal court overrules decision by former environment minister for the McPhillamys goldmine development at Blayney

The federal court has overturned a rare protection order issued by former environment minister Tanya Plibersek under Indigenous heritage legislation, which the company said effectively blocked a controversial goldmine in the central west of New South Wales.

The Wiradyuri Traditional Owners Central West Aboriginal Corporation asked the minister to protect the headwaters and the springs of the Belubula River as a site central to creation stories.

The order blocked the company from building a tailings dam in the headwaters of the Belubula River.

In a decision on Wednesday morning, Justice James Stellios ruled the order was invalid. The reasons for the court’s decision will be published on Friday.

At a three-day hearing last year, Regis Resources argued it had been denied procedural fairness and the government made errors in the process it followed before issuing the protection order.

In a statement, the company said it anticipated the current environment minister, Murray Watt, “will be required to redetermine the application for a Section 10 Declaration, having regard to the relevant findings made by Justice Stellios in the judgment”.

“The judgment finding that the Section 10 Declaration is legally invalid vindicates the position we have held since the Declaration was made in August 2024, and we are extremely pleased the Court has agreed.”

The company said that plan would involve co-disposal of filtered processed ore and waste rock into a single facility – referred to as an Integrated Waste Landform – “and entirely avoids the area impacted by the declaration”.

“We look forward to engaging constructively with the Department through the redetermination process, and to advance one of Australia’s largest undeveloped gold projects – one with the potential to deliver lasting economic and social benefits to the Central New South Wales region and our broader stakeholder community.”