Regis Resources launches bombshell legal action over Plibersek’s McPhillamys mine ban

Regis Resources launches bombshell legal action over Plibersek’s McPhillamys mine ban.

Tanya Plibersek’s decision to slap a partial ban on a NSW gold mine will be challenged in the Federal Court, with the company behind the proposal launching legal action on Thursday.

Regis Resources will attempt to have the federal Environment Minister’s section 10 ban – which impacts a proposed dam at the McPhillamys mine site, near Blayney – thrown out, airing bombshell claims that reports saying the area wasn’t culturally significant weren’t considered.

Regis is seeking through the judicial review to have the section 10 ban, which was issued using rarely-used Indigenous heritage laws, as legally invalid.

The company will also push for the section 10 application to be redetermined by a different Minister.

“Whilst it is difficult to predict how long the court process will take, Regis is hopeful that it will be resolved by mid-2025,” Regis said in a statement to the ASX.

Environment Minister Tanya Plibersek. Picture: Nikki Davis-Jones

In a statement released shortly after their ASX announcement, Regis made the bombshell claim that an external expert’s findings that there wasn’t enough evidence to declare the site culturally significant were not properly considered by Ms Plibersek.

“Regis contends that the Minister failed to consider the clear advice of the Orange Local Aboriginal Land Council (OLALC) that the area is not a significant Aboriginal area,” the company also said.

“As has been reported in recent times, members of OLALC have also disputed significant elements of the claimed Dreaming story underpinning the evidence in the Minister’s Statement of Reasons.”

The mining company also says a “critical mistake of fact was made” when the section 10 was issued, when Minister Plibersek said a different site could be found for the dam, and that her ban wouldn’t stop the project.

“To the contrary, the Project has been rendered unviable in its current approved form …(finding a new site) could take between 5 to 10 years,” Regis’ statement said.

This is the specific area that has been opposed to put a tailings dam due to it being of cultural significance, where the Belubula River intersects with Dungeon Road. Picture: Rohan Kelly

Regis Resources CEO and managing director Jim Beyer said, “None of the extensive expert evidence produced during the years long processes we went through to approve the McPhillamys Project and respond to the Section 10 Application indicated there was Aboriginal cultural heritage that could not be appropriately managed”.

“In the weeks following the Minister’s decision, it has become clear that key findings made by the Minister regarding Aboriginal cultural heritage are vigorously disputed. We consider that neither the Minister nor the Department properly listened when Regis informed them of the clear consequences for the project of making such a wide-ranging and indiscriminate declaration.“

“As the Minister has not agreed to revoke the Section 10 Declaration, we are now seeking judicial review and relief from the decision. Our hope is that the Federal Court will find that the Section 10 Declaration is legally invalid and that an alternative decision maker will properly evaluate the claims before them before making a new decision.”

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