Federal court overturns Aboriginal heritage order halting Australian goldmine project

The Federal Court of Australia has overturned an Aboriginal heritage protection order that halted the construction of a 1 billion dollar goldmine near Blayney in New South Wales. According to ABC News Australia and the Daily Mail, the court ruled that the decision to issue the order was made without authority. The Guardian and ABC News Australia reported that the challenge was brought by mining company Regis Resources. [1][2][3]

The legal action targeted a protection order granted in 2024 under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. The Guardian, ABC News Australia, and the Daily Mail reported that then environment minister Tanya Plibersek issued the order over part of the McPhillamys Gold Project site. ABC News Australia noted that the order applied to 400 hectares, including the proposed location for a tailings dam intended to hold mining waste. [1][2][3]

Regis Resources launched its court challenge against the federal minister in November 2024. The Guardian reported that the protection order had been made following application by the Wiradyuri Traditional Owners Central West Aboriginal Corporation, effectively blocking the development. Plibersek served as Minister for the Environment and Water from 2022 to 2025 before becoming Minister for Social Services. [1][2][3][8]

The court decision allows the 1 billion dollar development project to take a significant step forward. According to ABC News Australia, the mining project had already received approval prior to the Commonwealth heritage order being granted. [2][3]