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Court overturns Tanya Plibersek’s protection order which company says blocked controversial NSW goldmine

Court overturns Tanya Plibersek’s protection order which company says blocked controversial NSW goldmine

Summary

A federal court overturned a protection order that blocked a goldmine project in central west New South Wales. The order was issued under Indigenous heritage laws to protect culturally important sites but was found invalid, allowing the mining company to continue plans.

Key Facts

  • The protection order was made under the Aboriginal and Torres Strait Islander Heritage Protection Act by former environment minister Tanya Plibersek in 2024.
  • The order aimed to protect the headwaters and springs of the Belubula River, important to the Wiradyuri Traditional Owners.
  • It prevented Regis Resources from building a tailings dam needed for the McPhillamys goldmine at Blayney.
  • Justice James Stellios ruled the protection order invalid, saying the court could not judge the merits of the heritage claim.
  • Regis Resources argued it was denied a fair process and presented legal challenges based on procedural errors.
  • The company plans to pursue a new development method avoiding the protection area if the order is reconsidered.
  • Regis Resources sees the ruling as a positive step for advancing the gold project, which they say could benefit the local economy.
  • The current environment minister, Murray Watt, is expected to reassess the protection order application.
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