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Court overturns heritage order that stalled $1b NSW gold mine

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Cite

Woodburn, J. (2026, October 14). Court overturns heritage order that stalled $1b NSW gold mine. ABC News (AU). https://www.abc.net.au/news/2026-10-14/federal-court-overturns-commonwealth-gold-mine-decision/107260458

Dated from the outlet's own feed. Check the original for its byline.

ABC News (AU) · collected 2026-10-14 · by Joanna Woodburn

Quick Summary

A Federal Court judge has overturned a Commonwealth decision that halted the McPhillamys Gold Project, a billion-dollar gold mine near Blayney in New South Wales. The Aboriginal Protection Order placed by then Minister Tanya Plibersek to protect 400 hectares of land around the project was declared invalid by Justice James Stellios, who ruled it should be referred back to the federal minister for redetermination. This decision came after Regis Resources challenged the order in November 2024, arguing that the protection area included a critical site for building a tailings dam and made the project financially unviable.
Written by AI on 2026-10-14, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

On October 14, 2026, the Federal Court overturned a Commonwealth Aboriginal Protection Order that had stalled Regis Resources' McPhillamys Gold Project near Blayney in New South Wales. The order, issued by then-Minister for Environment and Water Tanya Plibersek in August 2024 under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act, had halted construction of a tailings dam at the project site due to concerns over Indigenous heritage protecting the headwaters and springs of the Belubula River. The court found that Plibersek's decision lacked procedural fairness. Justice James Stellios ruled on October 19 that the order was "fundamentally flawed," citing deficiencies in the decision-making process, and sent the project back to the current minister for redetermination. This ruling clears a significant hurdle for the $1 billion gold mine, although its final approval remains pending under new ministerial review.

Written for “Gold Mine Court Victory Controversy” on 2026-10-31, grounded in this article and the 4 other(s) covering the same event.

Story

📰 Gold Mine Court Victory Controversy
Economy/Business · 5 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans right and hedges 10% of its claims. Each row says how that neighbour differs.
ABC News (AU)
Hedges 3 of 25 claims Outlet record 68/100
The Sydney Morning Herald
⚖️ Leans right Hedges 3 of 16 claims Outlet record 61/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
20
sentences that state something as happening or true
Uncertain
10%
2 of 20 hedged ("reportedly", "may", "according to")
Leaning
Leans right
of the writing, not the subject · beta estimate
Publisher signals
68/100
ABC News (AU)'s corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
5
Economy/Business
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-14 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

ABC News (AU) · 4411 article(s) · 10 correction(s) detected
Running correction rate · 10 correction(s)

Who wrote this

Joanna Woodburn
7 article(s) here · 1 carrying a prediction
🔮 The mine's owner challenged the validity of an Aboriginal protection order granted across part of the mine site. What's next? The application for protection will now be redetermined by the federal government.
🔮 At the time, Ms Plibersek said the order would protect the headwaters and springs of the Belubula River and that the company could construct its tailings storage elsewhere.
🔮 He hoped he could finally let his beloved daughter rest in peace, but the case could soon recommence.
🔮 The centre will permanently close on October 13, and families will be offered support to find alternative care.
🔮 Mr Donato hopes the draft legislation will be debated by the end of the year.
🔮 In short: The Therapeutic Goods Administration has announced Andrographis paniculata will no longer be able to be classified as a low-risk ingredient.
🔮 Ms Ticehurst endured several months of abuse from Billings before going to the police because she was worried it would put her and her family in greater danger, her father, Tony Ticehurst, said.
Also by Joanna Woodburn
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 7 articles by Joanna Woodburn →

Topics

Commonwealth Federal Court NSW Regis Resources an Aboriginal Protection Order

Subjects

Regis Resources ORG · 6× Stellios PERSON · 3× Commonwealth ORG · 2× Federal Court ORG · 2× James Stellios PERSON · 2× WTOCWAC ORG · 2× McPhillamys Gold Project ORG · 1× NSW GPE · 1× New South Wales GPE · 1× The Federal Court ORG · 1×

Narrative

Regis Resources launched legal action against then federal minister for environment and water Tanya Plibersek in November 2024, challenging the validity of an Aboriginal Protection Order she granted over part of its McPhillamys Gold Project near Blayney.
framing: assertive · carried by 1 article(s) · first seen 2026-10-14
🔮 At the time, Ms Plibersek said the order would protect the headwaters and springs of the Belubula River and that the company could construct its tailings storage elsewhere.
2026-10-14 · ABC News (AU)
Court overturns heritage order that stalled $1b NSW gold mine · assertive framing

Claims (20 extracted, 2 hedged)

In short: A Federal Court judge has found an Aboriginal Protection Order that halted an approved gold mine in NSW is "invalid". asserted
that → find → NSW
Regis Resources launched the legal action in 2024, challenging the Commonwealth's decision relating to its McPhillamys Gold Project What's next? asserted
What → launch → Project
Justice James Stellios has ruled that the project must be referred back to the federal minister for redetermination. asserted
project → rule → redetermination
The Federal Court has overturned a Commonwealth decision that halted a billion-dollar gold mine in New South Wales. asserted
that → overturn → Wales
Regis Resources launched legal action against then federal minister for environment and water Tanya Plibersek in November 2024, challenging the validity of an Aboriginal Protection Order she granted over part of its McPhillamys Gold Project near Blayney. asserted
she → launch → Blayney
The order applied to 400 hectares of the site, including an area where the company wanted to build a tailings dam, which is used to hold mining waste. asserted
which → apply → waste
It was made after the mining project received approval in 2023. asserted
project → make → 2023
At the time, Ms Plibersek said the order would protect the headwaters and springs of the Belubula River and that the company could construct its tailings storage elsewhere. uncertain
company → say → storage
But Regis Resources disputed this, saying the decision impacted a critical area of the project development site and meant the project was "no longer financially feasible". asserted
project → dispute → site
Justice James Stellios has presided over the Federal Court challenge and held two days of hearings in December 2025. asserted
Stellios → preside → December
He delivered his judgment during a short sitting today, which found that Regis Resources was successful in the judicial review and the minister's "declaration is invalid". asserted
declaration → deliver → review
The Aboriginal Protection Order was granted after 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 in 2020. asserted
Reynolds → grant → 2020
The court heard the application was supported by the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC) and referred to a Dreaming story called the Blue Banded Bee. asserted
application → hear → story
Justice Stellios told the court that this information "constituted a new application" and should have been referred to the government reporter for consideration and to carry out a public consultation process. asserted
information → tell → process
"Consequently, the declaration made by the minister was made without authority,"Justice Stellios said. asserted
Stellios → make → minister
"The court's decision and my reasons say nothing about the merits of the claim ... whether it's a significant area or under threat of injury or desecration ... those are matters within the authority of the minister ... not the jurisdiction of this court." Justice Stellios said the appropriate remedy was for the proposal to be sent back to the federal minister for environment and water, now held by Murray Watt, for redetermination. He ordered the parties to provide written submissions on costs to be submitted by October 27. uncertain
He → say → October
'Committed' to mine In its 2026 annual report to shareholders published in August, Regis Resources said work was "well advanced" on an alternative tailings facility. asserted
work → commit → facility
"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," the report said. asserted
report → remain → opportunities
The company said it was aiming to have a final investment decision on the project in the first half of 2028. asserted
it → say → 2028
The ABC has contacted the WTOCWAC, Regis Resources and Mr Watt for a response. asserted
ABC → contact → response
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