The Aporia
The Federal Court has overturned an Aboriginal Protection Order issued by former Environment Minister Tanya Plibersek in 2024 that halted a $1 billion gold mine project near Blayney, New South Wales. Regis Resources challenged the order under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. The order was intended to protect the headwaters and springs of the Belubula River based on cultural significance to Indigenous heritage but prevented the company from building a tailings dam at the site, making the project unviable. Justice James Stellios ruled that Plibersek’s decision lacked procedural fairness, sending the proposal back to the current minister for redetermination. The Wiradyuri Traditional Owners Central West Aboriginal Corporation had argued that the area was significant to a Dreaming story about the blue banded bee. This decision does not address the merits of Indigenous heritage claims but focuses on procedural issues.
NSW Premier Chris Minns has emerged victorious in a stoush over a controversial Central West gold mine after the Federal Court threw out a ban made by then-environment minister Tanya Plibersek, who stalled the mine on Indigenous heritage grounds.
McSweeney, J. (2026, October 14). Block on NSW gold mine rejected by federal court. The Sydney Morning Herald. https://www.smh.com.au/politics/nsw/block-on-nsw-gold-mine-rejected-by-federal-court-20261014-p615fl.html?ref=rss&utm_medium=rss&utm_source=rss_feed
McSweeney, Jessica. “Block on NSW gold mine rejected by federal court.” The Sydney Morning Herald, 14 Oct. 2026, https://www.smh.com.au/politics/nsw/block-on-nsw-gold-mine-rejected-by-federal-court-20261014-p615fl.html?ref=rss&utm_medium=rss&utm_source=rss_feed.
McSweeney, Jessica. “Block on NSW gold mine rejected by federal court.” The Sydney Morning Herald, October 14, 2026. https://www.smh.com.au/politics/nsw/block-on-nsw-gold-mine-rejected-by-federal-court-20261014-p615fl.html?ref=rss&utm_medium=rss&utm_source=rss_feed.
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