Court Overturns Aboriginal Heritage Order, Paving Way for Gold Mine Development

A federal court has overturned an Aboriginal heritage protection order, clearing a path for the development of a $1 billion gold mine project in central western New South Wales. The decision marks a significant advancement for Regis Resources' McPhillamys Gold Project, which had faced delays due to environmental and heritage concerns.

In 2024, then-Environment Minister Tanya Plibersek issued the protection order, blocking the proposed site for a tailings dam. The order was requested by the Wiradyuri Traditional Owners Central West Aboriginal Corporation, which sought to protect the headwaters and springs of the Belubula River, an area considered central to their creation stories.

Despite the federal protection order, the NSW Independent Planning Commission had approved the mine in March 2023. This approval process involved consultation with the Orange Local Aboriginal Land Council, the elected representative body for local Indigenous leaders. Council representatives conveyed that while they were not definitively for or against the mine, they emphasized the critical importance of protecting Aboriginal culture and heritage should the project proceed.

Federal Court Justice James Stellios on Wednesday set aside the protection order. The full reasons for his decision are expected to be published on Friday afternoon. The matter will now return to the federal government for further consideration.

Regis Resources announced to the ASX that while the government's redetermination process may take time, the court's decision is a "significant and welcome" step. Managing Director Jim Beyer expressed eagerness to move forward after more than two years of delays and uncertainty.

Prior to the court's ruling, NSW Premier Chris Minns had publicly stated that Ms. Plibersek's decision was incorrect, emphasizing the need for the mine to proceed for investment purposes. Blayney Mayor Bruce Reynolds noted that the project's stalling had cost the town of 3,000 an estimated $8 million in rates revenue, with negative impacts also felt by local businesses and the nearby cities of Bathurst and Orange.

Reynolds stressed the need for transparency in the planning process as the project moves back to the federal government, advocating for the involvement of all parties, including local governments and communities, in any further review.