The Federal Court has overturned a Commonwealth cultural heritage declaration that had affected Regis Resources’ proposed McPhillamys Gold Project near Blayney in central-west New South Wales.
Justice James Stellios ruled on 14 October 2026 that the 2024 declaration made under the Aboriginal and Torres Strait Islander Heritage Protection Act was invalid, with the matter to be returned to the federal Environment Minister for reconsideration.
Court Found Problems With the Decision-Making Process
The declaration was made in 2024 over part of the project site, including an area proposed for a tailings storage facility.
The Federal Court found that additional cultural heritage information introduced during the assessment process effectively amounted to a new application and should have gone through further consultation procedures.
The judgment concerned the legality and procedural fairness of the decision-making process. It did not determine whether the area lacks cultural significance or resolve the underlying heritage dispute.
Project Had Previously Received Other Approvals
McPhillamys had received NSW planning approval and federal environmental approval in 2023 before the separate heritage declaration was issued.
Regis Resources said the declaration prevented it from using the planned tailings storage location and made the project unviable in its approved form.
The proposed gold mine is located near Blayney, about 250 kilometres west of Sydney.
Decision Returns to Federal Government
Following the court ruling, the heritage issue will return to the Commonwealth for redetermination.
Federal Environment Minister Murray Watt has said the government is reviewing the judgment and considering the next steps.
The ruling therefore removes the existing 2024 declaration but does not itself provide a final approval for construction of the mine.
NSW mining industry groups welcomed the decision and argued it highlighted problems with regulatory certainty, while groups supporting protection of the site have continued to argue for recognition of its cultural heritage values.
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