Federal Court Overturns Protection Order for McPhillamys Goldmine

The Federal Court of Australia overturned a 2024 protection order that had blocked the construction of a tailings dam for the McPhillamys goldmine in New South Wales. Justice James Stellios ruled that the order, issued by former environment minister Tanya Plibersek under the Aboriginal and Torres Strait Islander Heritage Protection Act, was legally invalid. The court's decision focused on procedural errors and a lack of procedural fairness rather than the merits of the heritage claim itself.

Regis Resources challenged the order after it was issued following a request from the Wiradyuri Traditional Owners Central West Aboriginal Corporation to protect the Belubula River headwaters. The Indigenous organization identified the area as central to creation stories. Managing Director Jim Beyer stated the judgment vindicates the company's position and allows the project to move forward after more than two years of delay.

While the company expects current environment minister Murray Watt to redetermine the application, Regis Resources is pursuing an alternative Integrated Waste Landform design. This new approach aims to avoid the protected area entirely to expedite the development of the mine.