Arabic version: محكمة تلغي أمر حماية للسكان الأصليين يتعلق بمنجم مكفيليميز

According to ABC News, the Federal Court has ruled invalid an Aboriginal protection order covering part of the McPhillamys Gold Project site near Blayney in New South Wales. Justice James Stellios published redacted reasons finding the decision-making process that led to the order was “fundamentally flawed”.

Former environment minister Tanya Plibersek made the declaration in August 2024 under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. It was intended to protect the headwaters and springs of the Belubula River, where the project’s tailings dam was to be built.

The declaration was based on the blue-banded bee Dreaming story shared by Wiradjuri elders. Aboriginal elders provided details of the story in December 2023, after the Section 10 report had been presented to the minister. One elder asked for the information to support a Section 10 application.

Justice Stellios said the Department of Climate Change, Energy, the Environment and Water should have advised the minister that the request required a new application. He found the statutory process, including public consultation, should have begun afresh because the new material gave greater clarity about the area’s particular significance.

Regis Resources, the mine owner, had challenged the validity of the protection order. The application will now return to the federal government for redetermination. A federal government spokesperson said the Albanese government remained committed to reforming the legislation, with consultation on proposed reforms due to begin before the end of the year.