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Court Overturns Heritage Order Stalling $1b Gold Mine
Justice Stellios ruled the minister’s declaration was invalid, sending the case back for redetermination after Regis Resources said the order made the project unviable.
On Wednesday, October 14, 2026, Federal Court Justice James Stellios ruled an Aboriginal protection order invalid, ordering the $1.3 billion McPhillamys Gold Project proposal returned to Environment Minister Murray Watt for redetermination due to procedural fairness flaws.
Former Environment Minister Tanya Plibersek granted the Aboriginal Protection Order in August 2024, blocking a tailings dam near the Belubula River headwaters and preventing Regis Resources from proceeding with its original development plan.
Regis Resources disputed the 2024 order, claiming the project was "no longer financially feasible," then unveiled an engineering shift using "filter cake" consistency to bypass the Section 10 declared area while maintaining commitments.
Calare MP Andrew Gee criticized the government, calling the flawed assessment process a "shocking debacle," while NSW Premier Chris Minns emphasized the state's need for investment despite federal opposition.
Minister Watt must now decide the project's future following the court's order, as Regis Resources remains committed to McPhillamys, aiming for a final investment decision by the first half of 2028.