A Federal Court has overturned a rare protection order issued by former Australian environment minister Tanya Plibersek, a decision that removes a significant legal obstacle for a controversial goldmine project in New South Wales. The court ruled against the former minister’s 2024 decision to invoke Indigenous heritage legislation to halt the development.
The protection order was issued under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. Regis Resources, the company behind the project, challenged the ministerial decision, arguing that the order effectively blocked the McPhillamys goldmine development located at Blayney in the central west of New South Wales.
By overruling the decision, the Federal Court has cleared the way for the company to proceed with its legal and operational plans for the mine, which had been stalled by the heritage protection measures. The ruling marks a significant legal victory for Regis Resources in its dispute with the federal government regarding the site's status.
The McPhillamys project has been a subject of considerable debate due to its location and the environmental and cultural implications of the mining operations. The use of Section 10 orders is uncommon, typically reserved for sites of exceptional significance, which made the initial issuance of the protection order a notable intervention in the mining sector.
This court outcome resolves the specific legal challenge brought by Regis Resources against the former minister’s action. While the protection order is no longer in effect, the broader discussions surrounding the environmental and heritage aspects of the Blayney site may continue through other regulatory and community channels.
<small>Source: The Guardian — read the original story there.</small>
