Federal Court rules Aboriginal protection order for McPhillamys goldmine was fundamentally flawed
The Federal Court determined that the Aboriginal protection order covering part of the McPhillamys Gold Project was granted through a fundamentally flawed process, sending the matter back to the government for reconsideration.
In a detailed judgment, Justice James Stellios set aside the Aboriginal and Torres Strait Islander Heritage Protection Act order that former environment minister Tanya Plibersek declared in August 2024 for the McPhillamys Gold Project in New South Wales. The court concluded that the Department of Climate Change, Energy, the Environment and Water did not restart the statutory reporting and consultation process after Wiradjuri elders presented the blue-banded bee Dreaming story in December 2023, treating it instead as a subset of earlier material.
Because the new cultural significance information arrived after the minister had received the original Section 10 report, the court deemed the decision-making process fundamentally flawed. Stellios ordered the protection application to be redetermined by the federal government, acknowledging the likely delay and extra costs. A government spokesperson said the Albanese administration will pursue reforms to the heritage legislation, with consultation slated before year-end.
Why it matters
The ruling could delay a billion-dollar gold mine and reshape how Australia handles Indigenous heritage claims.
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