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Regis Resources has secured a significant legal victory for its McPhillamys gold project in New South Wales, after the Federal Court declared invalid a Commonwealth heritage protection declaration that had stalled its development.
According to the ABC, the October 14 ruling returns the matter to federal Environment Minister Murray Watt for redetermination, giving Regis a fresh opportunity to advance one of Australia’s largest undeveloped open-pit gold projects.
Located near Blayney in the state’s Central West, McPhillamys holds an ore reserve of 56 million tonnes at 1.1 grams per tonne gold for 1.89 million ounces.
Regis managing director Jim Beyer welcomed the judgment as an important breakthrough following more than two years of uncertainty.
“Today’s Federal Court judgment is a significant and welcome step forward for the McPhillamys Gold Project,” Beyer said.
“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.”
The company said it intends to actively participate in the redetermination process and is seeking a timely resolution after the delays already incurred.
Regis launched its legal challenge in November 2024 against the declaration made by then environment minister Tanya Plibersek under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.
The order covered 400 hectares, including the proposed tailings dam location, following the project’s approval in 2023.
The ABC also said that Justice James Stellios found that information concerning the Blue Banded Bee Dreaming story constituted a new application that required referral to a government reporter and public consultation. The ruling concerned the lawfulness of the process and did not determine the merits of the heritage claims.
Alongside its engagement with the Commonwealth, Regis is continuing work on an alternative development approach outlined in its June pre-feasibility study.
That design would combine filtered processed ore and waste rock within a single integrated waste landform, entirely avoiding the area affected by the declaration.
Regis said it was progressing this option given the potential for redetermination to take time or produce an outcome that was not in its favour.
“After considerable delay and uncertainty, and more than two years of time lost, we are eager to move forward,” Beyer said.
The Association of Mining and Exploration Companies (AMEC) welcomed the decision and urged Watt to reconsider the matter swiftly.
“The ruling is a welcome victory for common sense and an important opportunity to restore confidence in Australia’s project approvals system,” AMEC chief executive officer Warren Pearce said.
AMEC highlighted the project’s extensive assessment history and support from the Orange Local Aboriginal Land Council, arguing the case demonstrated the need for greater consistency and transparency in approvals.
“This project had already undergone years of extensive environmental and cultural heritage assessments and received the necessary approvals, yet a subsequent ministerial decision effectively brought a billion-dollar investment to a standstill,” Pearce said.
Australian Resources and Energy Employer Association (AREEA) chief executive Steve Knott said the ruling carried implications for investment decisions across the sector.
“Major project decisions must be made through a process that is fair, transparent and lawful. On McPhillamys, the court has found that standard was not met,” Knott said.
AREEA described McPhillamys as a $1.3 billion investment and linked greater regulatory confidence to the delivery of regional employment and business opportunities.
Knott said heritage protection and timely approvals both depended on rigorous processes that engaged the appropriate cultural authorities.
The NSW Minerals Council also welcomed the judgment, describing it as a win for common sense and warning that complex assessment processes threatened investment.
“This whole sorry saga should be a warning to governments at all levels that their assessment processes are too complicated, too inconsistent, and too vulnerable to spurious challenges and objections,” the council said.
From Regis’ perspective, attention now turns to engaging with the Commonwealth while continuing the technical work needed to advance McPhillamys towards development.
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