Court overturns heritage protection order for NSW goldmine

Summarised from 2 outlets · Updated 14 Oct, 03:27 · Archive

A federal court has overturned a protection order for an Indigenous heritage site in central west New South Wales that mining company Regis Resources said had effectively blocked its McPhillamys goldmine development.

Former environment minister Tanya Plibersek issued the protection order in 2024 under the Aboriginal and Torres Strait Islander Heritage Protection Act. The order was issued after the Wiradyuri Traditional Owners Central West Aboriginal Corporation requested protection of the headwaters and springs of the Belubula River, which they said was central to creation stories. The protection order specifically prevented the company from building a tailings dam in that location, though it did not affect the area the company intended to mine.

Justice James Stellios ruled the order invalid on Wednesday. According to the ABC, the judge said the court's decision addressed only procedural matters and said nothing about whether the area was significant or under threat of desecration—matters within the minister's authority rather than the court's jurisdiction. Full reasons for the decision will be published on Friday.

How it is being reported

• Major court win for gold mine that Tanya Plibersek blocked because of its place in Aboriginal creation storiesThe development of a $1 billion gold mine has made a 'significant' step forward, after a court overturned a federal Aboriginal heritage protection order.Daily Mail · 14 Oct, 04:53
• Court overturns Tanya Plibersek’s protection order which company says blocked controversial NSW goldmineFederal 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. Regis Resources challenged the decision by the former minister to issue the order in 2024 under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. Continue reading...Guardian World · 14 Oct, 02:58

In this story: Tanya Plibersek · Regis Resources · Wiradyuri Traditional Owners Central West Aboriginal Corporation · New South Wales · Blayney · Belubula River · James Stellios

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