Federal Court invalidates order affecting Regis Resources’ NSW gold project
The ruling sends the heritage decision back to the federal minister, while leaving the merits of the underlying claim unresolved.
Key takeaways
- The Federal Court ruled the Section 10 order legally invalid and sent it back for redetermination.
- The order covered 400 hectares, including the proposed site of a tailings dam.
- Regis Resources said it would participate in any redetermination process.
The Federal Court has ruled that a 2024 Aboriginal Protection Order affecting Regis Resources’ McPhillamys Gold Project is invalid. Justice James Stellios ordered the decision returned to federal Environment and Water Minister Murray Watt for redetermination.
Stellios found that information in the application constituted a new application and should have been referred to a government reporter for consideration and public consultation. The court did not rule on the merits of the heritage claim or whether the area was at risk of injury or desecration.
The order covered 400 hectares of the site near Blayney, including the planned location of a tailings dam. Regis challenged the decision, saying it made the project no longer financially feasible. The mine had received approval in 2023.
Regis welcomed the judgment and said it would take part in any redetermination process. In its August 2026 annual report, the company said work was well advanced on an alternative tailings facility and it aimed to make a final investment decision in the first half of 2028.
The court ordered the parties to submit written arguments on costs by October 27.
This article was produced with the help of AI technology. Based on reporting by the outlets listed above.
