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

Read the original at The Guardian ↗
Cite

Lisa Cox Environment reporter. (2026, October 14). Court overturns Tanya Plibersek’s protection order which company says blocked controversial NSW goldmine. The Guardian. https://www.theguardian.com/environment/2026/oct/14/federal-court-overturns-tanya-plibersek-protection-order-nsw-goldmine-mcphillamys-blaney

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

The Guardian · collected 2026-10-14 · by Lisa Cox Environment reporter

Quick Summary

The Federal Court overturned a protection order issued by former Environment Minister Tanya Plibersek in 2024 that blocked Regis Resources from developing its McPhillamys goldmine in New South Wales. The court ruled the order invalid based on arguments made by Regis Resources during a three-day hearing, claiming procedural unfairness and government errors. With this decision, the current environment minister, Murray Watt, is expected to reassess the protection application, while Regis plans an alternative development strategy that avoids the declared protected area.
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 2026-11-02, 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 unscored and hedges 12% of its claims. Each row says how that neighbour differs.
ABC News (AU)
⚖️ Leans right Hedges 2 of 20 claims Outlet record 68/100
The Sydney Morning Herald
⚖️ Leans right Hedges 3 of 16 claims Outlet record 61/100
ABC News (AU)
Hedges 3 of 25 claims Outlet record 68/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
16
sentences that state something as happening or true
Uncertain
12%
2 of 16 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
66/100
The Guardian'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

The Guardian · 2850 article(s) · 6 correction(s) detected
Running correction rate · 6 correction(s)

Who wrote this

Lisa Cox Environment reporter
2 article(s) here · 1 carrying a prediction
🔮 The company said at the time the protection order, while affecting only part of the site and not the area intended to be mined, would make its McPhillamys goldmine development at Blayney unviable.
🔮 In a 3-2 split ruling, the high court dismissed the coal company’s appeal, with a majority of judges finding the state’s planning commission was required and failed to consider how to mitigate the greenhouse gas emissions that would be generated by the mine when the coal is sold and burnt overseas.
Also by Lisa Cox Environment reporter
Nothing else under this byline is closely related to this article, so these are simply their most recent.

Topics

New South Wales Regis Resources The Wiradyuri Traditional Owners Central West Aboriginal Corporation section 10 the Aboriginal and Torres Strait Islander Heritage Protection Act

Subjects

Regis Resources ORG · 3× Stellios PERSON · 2× ABC ORG · 1× Blayney GPE · 1× James Stellios PERSON · 1× McPhillamys ORG · 1× New South Wales GPE · 1× Perry Herzfeld SC PERSON · 1× Tanya Plibersek PERSON · 1× The Wiradyuri Traditional Owners Central West Aboriginal Corporation ORG · 1×

Narrative

In a statement, the company said it anticipated the current environment minister, Murray Watt, “will be required to redetermine the application for a Section 10 Declaration, having regard to the relevant findings made by Justice Stellios in the judgment”. “Today’s federal court judgment is a significant and welcome step forward for the McPhillamys Gold Project,” managing director Jim Beyer said.
framing: assertive · carried by 1 article(s) · first seen 2026-10-14
🔮 The company said at the time the protection order, while affecting only part of the site and not the area intended to be mined, would make its McPhillamys goldmine development at Blayney unviable.

Claims (16 extracted, 2 hedged)

The federal court has overturned a rare protection order issued by former environment minister Tanya Plibersek under Indigenous heritage legislation, which the company said effectively blocked a controversial goldmine in the central west of New South Wales. asserted
company → overturn → Wales
Regis Resources challenged the decision by the former minister to issue the order in 2024 under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. asserted
Resources → challenge → Act
The Wiradyuri Traditional Owners Central West Aboriginal Corporation asked the minister to protect the headwaters and the springs of the Belubula River as a site central to creation stories. asserted
Corporation → ask → stories
The company said at the time the protection order, while affecting only part of the site and not the area intended to be mined, would make its McPhillamys goldmine development at Blayney unviable. asserted
development → say → Blayney
The order blocked the company from building a tailings dam in the headwaters of the Belubula River. asserted
order → block → River
In a decision on Wednesday morning, Justice James Stellios ruled the order was invalid. asserted
order → rule → morning
The reasons for the court’s decision will be published on Friday. asserted
reasons → publish → Friday
According to the ABC, Stellios said on Wednesday the court’s decision and his 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.” uncertain
those → accord → court
At a three-day hearing last year, Regis Resources argued it had been denied procedural fairness and the government made errors in the process it followed before issuing the protection order. asserted
it → argue → order
The company’s lawyer, Perry Herzfeld SC, argued a blue-banded bee Dreaming story that influenced the government’s decision to protect the area was not raised until two years after the initial application for a section 10 order was made. asserted
application → argue → order
In a statement, the company said it anticipated the current environment minister, Murray Watt, “will be required to redetermine the application for a Section 10 Declaration, having regard to the relevant findings made by Justice Stellios in the judgment”. “Today’s federal court judgment is a significant and welcome step forward for the McPhillamys Gold Project,” managing director Jim Beyer said. asserted
Beyer → say → Project
“The judgment finding that the Section 10 Declaration is legally invalid vindicates the position we have held since the Declaration was made in August 2024, and we are extremely pleased the Court has agreed.” asserted
Court → find → August
Regis Resources said because any process to redetermine the protection order application could be protracted and “or for the outcome not to be in Regis’ favour”, the company was still pursing an alternative approach to the development. uncertain
company → say → development
The company said that plan would involve co-disposal of filtered processed ore and waste rock into a single facility – referred to as an Integrated Waste Landform – “and entirely avoids the area impacted by the declaration”. asserted
plan → say → declaration
“After considerable delay and uncertainty, and more than two years of time lost, we are eager to move forward,” Beyer said. asserted
Beyer → lose → time
“We look forward to engaging constructively with the Department through the redetermination process, and to advance one of Australia’s largest undeveloped gold projects – one with the potential to deliver lasting economic and social benefits to the Central New South Wales region and our broader stakeholder community.” Comment has been sought from Watt. asserted
Comment → look → Watt
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