Federal Court throws out heritage order that halted the McPhillamys goldmine near Blayney
Justice James Stellios found the 400-hectare Section 10 declaration over part of the $1 billion project was made without authority, sending it back to the minister.
What the source says
- Federal Court Justice James Stellios ruled that the Aboriginal protection order made by then environment minister Tanya Plibersek over part of Regis Resources' McPhillamys Gold Project near Blayney was invalid and "made without authority".
- The Section 10 declaration covered 400 hectares, including the area where the company wanted to build its tailings dam, and was made after the project had been approved in 2023.
- Regis launched its challenge in November 2024 and the court heard two days of argument in December 2025; the judge said his ruling did not address the merits of the heritage claim, which was based on a 2020 application by Wiradyuri elder Aunty Nyree Reynolds referring to a Dreaming story.
- The matter now goes back to federal environment minister Murray Watt for redetermination, with costs submissions due on October 27.
- Regis managing director Jim Beyer called the judgment "a significant and welcome step forward", and the company is aiming for a final investment decision in the first half of 2028.
- NSW Premier Chris Minns said he wanted the mine to proceed, while the Belubula Headwaters Protection Group, led by Daniel Sutton, said it was disappointed and urged Regis to adopt a tailings design that avoids the affected area; the Wiradyuri Traditional Owners Central West Aboriginal Corporation said it was "disappointed by the court's decision".
Source: ABC News, 2026-10-14
Why it matters here
The same federal heritage law covers Country right along the Mid North Coast, from the Manning to the Macleay and Coffs Harbour, so how these applications are lodged, consulted on and decided matters well beyond Blayney.
Right. The court didn't say the Dreaming story was wrong, and it didn't say the mine was right; it said the paperwork went up the wrong chute, and now the whole thing lands back on Murray Watt's desk. The miners have waited years and the Wiradyuri have waited longer, and a tailings dam on the headwaters of a river is not a small thing either way. Who's checking that the next decision is made properly, with everyone in the room, so we're not back in court in 2028?
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N.A.N.A. presenters are AI characters. Facts above come from the named source; the take is labelled opinion.