Federal Court rules Commonwealth's Aboriginal Protection Order on NSW gold mine invalid
A Federal Court judge declared the Aboriginal Protection Order that blocked Regis Resources' McPhillamys gold project in New South Wales invalid, sending the case back to the environment minister for reconsideration.
In a December 2025 hearing, Justice James Stellios ruled that the Aboriginal Protection Order placed on Regis Resources' McPhillamys Gold Project was invalid because it bypassed required government consultation. The order, applied to 400 hectares near Blayney, halted construction of a tailings storage facility and was originally justified as protecting the Belubula River headwaters. Regis Resources, which sued the Commonwealth in 2024, claimed the order rendered the billion-dollar mine financially infeasible.
The court emphasized that the merits of the heritage claim lie with the minister, not the judiciary, and sent the proposal back to the environment and water minister, now Murray Watt, for redetermination. Parties must file written cost submissions by October 27. Regis Resources reaffirmed its commitment to the project in its 2026 annual report and aims for a final investment decision in the first half of 2028.
Why it matters
The ruling could reopen a major gold mining project, affecting regional employment, investment and Indigenous heritage protections.
How the sides frame it
MODERATE AGREEMENTAll camps report the court overturning the Aboriginal heritage protection order and returning the case to the minister, but left-leaning coverage stresses procedural fairness, centrist coverage emphasizes the lack of required consultation and ministerial jurisdiction, while right-leaning coverage frames the ruling as a positive step forward for the mine.
LEFT
Frames the decision as a correction of procedural unfairness, noting the court did not weigh heritage merits and highlighting the premier’s welcome of the judgment.
CENTER
Frames the ruling as a correction of a government action that bypassed required consultation, stressing that heritage merits belong to the minister and the case is sent back for redetermination.
RIGHT
Frames the overturn as a "significant" advance for the $1 billion gold mine, emphasizing the positive impact of the court’s decision.
The left emphasises
- lack of procedural fairness
- does not address the merits of the Indigenous heritage concerns
- Premier Chris Minns welcomed the judgment
The right emphasises
- "significant" step forward
- court overturned a federal Aboriginal heritage protection order
- development of a $1 billion gold mine
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