Federal Court overturns heritage order that halted $1b McPhillamys gold mine in NSW

Mixed · 2The Federal Court of Australia has found invalid a Commonwealth Aboriginal heritage protection order that halted Regis Resources' approved McPhillamys Gold Project, a billion-dollar mine near Blayney in New South Wales. 1 2 Left · 1Regis Resources began the legal action in November 2024 against then federal environment minister Tanya Plibersek, challenging the order she granted over 400 hectares of the site, including the area where it wanted to build a tailings dam to hold mining waste. 1 Left · 1The order was made after the project received approval in 2023. Plibersek said at the time it would protect the headwaters and springs of the Belubula River and that the company could build its tailings storage elsewhere, but Regis said the decision affected a critical area and left the project "no longer financially feasible". 1

Left · 1Justice James Stellios, who heard the case over two days in December 2025, delivered judgment on 14 October 2026, finding Regis was successful in its judicial review and the minister's declaration is invalid. 1 Mixed · 2The application was lodged in 2020 by Wiradyuri elder Aunty Nyree Reynolds under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act, supported by the Wiradyuri Traditional Owners Central West Aboriginal Corporation and referring to the Blue Banded Bee Dreaming story. 1 2 Mixed · 2Stellios held that this information "constituted a new application" that should have been referred to the government reporter for consideration and public consultation, so procedural requirements were not followed. 1 2

Mixed · 2He stressed the decision says nothing about the merits of the claim, including whether the area is significant or under threat, which are matters for the minister. 1 2 Mixed · 2The proposal goes back to the current environment minister, Murray Watt, for redetermination, and the court ordered written submissions on costs by 27 October. 1 2 Mixed · 2Anadolu reported that Prime Minister Anthony Albanese said the government was examining the judgment, that Watt pledged continued engagement with Indigenous communities and industry, and that Regis welcomed the ruling as a step toward reviving one of Australia's largest undeveloped gold projects; the ABC said it had contacted Regis, Watt and the Wiradyuri corporation for comment. 2 1

Left · 1Regis's 2026 annual report, published in August, said work was "well advanced" on an alternative tailings facility, that it remained committed to McPhillamys, and that it aimed for a final investment decision in the first half of 2028. 1