{"id":61521,"title":"Federal court invalidates heritage order blocking NSW goldmine","publisher":"Stockmark.IT","author":"Stockmark.IT Website","published":"2026-10-15T05:21:54+00:00","modified":"2026-10-15T05:21:54+00:00","canonical_url":"https://stockmark.it/court-overturns-tanya-pliberseks-protection-order-which-stalled-contro/","markdown_url":"https://stockmark.it/court-overturns-tanya-pliberseks-protection-order-which-stalled-contro.md","json_url":"https://stockmark.it/court-overturns-tanya-pliberseks-protection-order-which-stalled-contro.json","category":"Construction Industry","categories":["Construction Industry","Gold Mining","Government"],"featured_image":"https://i0.wp.com/stockmark.it/wp-content/uploads/2026/10/federal-court-invalidates-heritage-order-blocking-nsw.png?fit=1536%2C1024&quality=80&ssl=1","format":"news","language":"en-GB","content":"The Federal Court of Australia has ruled that a heritage protection order issued in 2024, which effectively stalled the development of the McPhillamys goldmine in New South Wales, is legally invalid. The court overruled the decision made by former environment minister Tanya Plibersek under the Aboriginal and Torres Strait Islander Heritage Protection Act. This ruling clears the immediate legal obstacle for Regis Resources, allowing the company to proceed with its plans for the mine located at Blayney in the state’s central west, although the final outcome for the site remains subject to further administrative review.\n\nJustice James Stellios delivered the judgment on Wednesday morning, declaring the section 10 protection order invalid. The court’s detailed reasons for this decision are scheduled to be published on Friday. In his initial remarks, Justice Stellios clarified that the ruling did not adjudicate on the merits of the heritage claim itself. He stated that determining whether the area is significant or under threat of injury or desecration remains within the authority of the minister, rather than the jurisdiction of the court. The invalidation stems from procedural errors identified in the process used to grant the declaration, rather than a rejection of the cultural significance of the site.\n\nThe protection order had been requested by the Wiradyuri Traditional Owners Central West Aboriginal Corporation, which sought to safeguard the headwaters and springs of the Belubula River. These areas are described as central to Wiradyuri creation stories. Regis Resources challenged the order, arguing that it had been denied procedural fairness and that the government made errors during the application process. The company’s legal team, led by Perry Herzfeld SC, pointed out that a blue-banded bee Dreaming story, which influenced the government’s decision to protect the area, was not raised until two years after the initial application for the order was made. The order specifically blocked the construction of a tailings dam in the river’s headwaters, a move Regis Resources said rendered the mine development unviable.\n\nManaging director Jim Beyer welcomed the judgment, describing it as a significant step forward for the project. He stated that the finding of legal invalidity vindicated the company’s position since the declaration was made in August 2024. Regis Resources anticipates that the current environment minister, Murray Watt, will be required to redetermine the application for the section 10 declaration, taking into account the findings made by Justice Stellios. The company noted that any process to redetermine the order could be protracted and might not result in an outcome favourable to Regis. Consequently, the company is simultaneously pursuing an alternative development approach that involves the co-disposal of filtered processed ore and waste rock into a single facility, a method referred to as an Integrated Waste Landform, which entirely avoids the area impacted by the declaration.\n\nEnvironment minister Murray Watt stated that the government respects the court’s decision and is carefully considering the judgment while taking advice on next steps. He acknowledged that the outcome would matter deeply to the Wiradyuri Elders who brought the application, as well as to the company, its workforce, and the Blayney community. Watt noted that the case highlights the complexity of current cultural heritage processes and the lack of certainty felt by First Nations people, industry, and state and territory governments under the current legislation. He affirmed the government’s commitment to working with these stakeholders to develop a better system.\n\nNew South Wales premier Chris Minns, who had previously expressed disappointment at the issuance of the protection order, stated his desire for the mine to proceed. He argued that the state needs the investment and highlighted the importance of mining to the state’s economy, noting that there are more people in mining jobs in New South Wales today than when the state government was elected in March 2023. Meanwhile, the Wiradyuri Traditional Owners Central West Aboriginal Corporation expressed disappointment with the court’s decision but stated that it respected the judicial process. A spokesperson for the corporation said it would review the judgment and its implications for Wiradyuri people and their cultural heritage, emphasising that the court’s decision does not diminish the cultural significance of the Belubula River headwaters or the community’s obligation to care for Country."}