Australia’s Federal Court has overturned a government cultural heritage declaration that halted Regis Resources’ AU$1.3 billion McPhillamys gold project near Blayney in New South Wales.
Justice James Stellios ruled that an Aboriginal Protection Order made in August 2024 by former Environment Minister Tanya Plibersek was invalid and made without authority.
The court found that late information provided to the department, specifically relating to a blue-banded bee Dreaming story, constituted a new application in substance. The decision must now be referred back to current Environment Minister Murray Watt for redetermination.
The order had covered 400 hectares of the project site, including the proposed location for a tailings storage facility, which Regis Resources argued rendered the development financially unviable despite prior state and federal approvals.
Industry peak bodies welcomed the ruling, saying that it helps restore regulatory certainty for major resource developments while maintaining respect for cultural heritage.
Australian Resources and Energy Employer Association (AREEA) CEO Steve Knott AM described the ruling as an important win for due process and investor confidence.
“Major project decisions must be made through a process that is fair, transparent and lawful. On McPhillamys, the court has found that standard was not met,” Knott said.
“When a AU$1.3 billion investment can be stopped that way, every board weighing up an Australian resources project takes notice.”
Knott noted that Justice Stellios made no finding on the merits of the heritage claims themselves, highlighting why rigorous procedures are critical for all parties involved.
AREEA’s latest workforce pipeline report forecasts 112 national resource projects capable of creating nearly 20,000 jobs if investment settings remain stable, including 14 prospective projects in regional NSW.
Meanwhile, the Minerals Council of Australia said the decision helps restore confidence in cultural heritage protections and the supports Australia’s ability to attract mining investment.
“Australian mining investment relies on certainty of process, even if the outcomes of that process are not certain, said MCA CEO Tania Constable.
“Support for responsible mining and protecting Aboriginal cultural heritage are not competing or mutually exclusive objectives.
“Both depend on transparent decision-making, credible evidence and meaningful recognition of the appropriate Traditional Owner representatives.”
Industry groups are now urging the federal government to reform the heritage protection framework to prevent untested, late-stage claims from derailing fully assessed developments.
