Business · Companies · 51 mins ago
Court overturns order that stalled NSW gold mine
The Federal Court ruled an order halting a gold mine was invalid in New South Wales.
The order covered 400 hectares of Regis Resources’ McPhillamys project near Blayney, including a proposed tailings dam site.
It was granted in 2024 to protect the headwaters and springs of the Belubula River after a Wiradyuri elder sought heritage protection.
The judge found that new information in the application should have been referred for consideration and public consultation, so the minister had acted without authority.
The ruling did not assess the merits of the heritage claim or decide whether the area is significant or at risk.
Justice James Stellios sent the matter back to federal Environment Minister Murray Watt for a new decision.
Regis says it remains committed to the project and has advanced work on an alternative tailings facility.
The Federal Court has overturned an Aboriginal Protection Order that halted Regis Resources’ approved McPhillamys gold project in New South Wales.
Justice James Stellios found the minister’s declaration invalid because it was made without authority.
The court ordered the proposal to be referred back to the federal minister for environment and water, now Murray Watt, for redetermination.
The order covered 400 hectares of the site, including land planned for a tailings dam.
Regis Resources argued that the order made the project financially unviable in its current form.
- Who
- Regis Resources challenged the Commonwealth decision. Justice James Stellios ruled on the case.
- What
- The Federal Court found the Aboriginal Protection Order invalid and sent the proposal back to the federal minister for redetermination.
- When
- The judgment was delivered on October 14, 2026.
- Where
- The McPhillamys Gold Project near Blayney, New South Wales.
- Why
- The judge found the declaration was made without authority because the application should have been referred for consideration and public consultation.
Regis Resources
Commonwealth heritage protection
Project viability
Regis Resources
Regis Resources said the order affected a critical area and made the project no longer financially feasible.
Commonwealth heritage protection
Tanya Plibersek said the order would protect the Belubula River’s headwaters and springs, and that the company could build its tailings storage elsewhere.
Wiradyuri elder Aunty Nyree Reynolds lodged an application to protect the area under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act.
The McPhillamys Gold Project received approval.
Tanya Plibersek granted the Aboriginal Protection Order, and Regis Resources launched legal action in August.
The Federal Court held two days of hearings.
Justice James Stellios ruled the minister’s declaration invalid and ordered the proposal referred back for redetermination.
The parties were ordered to submit written arguments on costs by this date.
- Project
- McPhillamys Gold Project
- Location
- Near Blayney, New South Wales
- Order area
- 400 hectares
- Judge
- Justice James Stellios
- Current federal environment and water minister
- Murray Watt
- Costs submissions deadline
- October 27, 2026
2 sources
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What people are saying
Consequently, the declaration made by the minister was made without authority
We remain committed to McPhillamys, which has the potential to become not only a long-life, low-cost operation but also the core of a significant new mining hub, with multiple associated growth opportunities