New Aboriginal Protection Applications Lodged Against McPhillamys Gold Project

Two separate applications for emergency protection have been filed with the federal government regarding the site of the proposed McPhillamys Gold Project near Blayney, NSW. Applicants are seeking to safeguard the headwaters of the Belubula River, which they claim are under an "imminent threat of desecration."

Context of the Dispute

• Previous Legal Action: On October 14, the Federal Court overturned a previous Aboriginal protection order granted by former environment minister Tanya Plibersek in 2024. The court ruled the decision was "invalid" due to procedural flaws regarding the assessment of cultural significance.
• Current Status: The Department of Climate Change, Energy, the Environment and Water (DCCEEW) is currently assessing the two new applications. No decision has been finalized.
• Internal Conflicts: The applications highlight ongoing disagreements among regional Aboriginal groups regarding cultural authority and representation. The Orange Local Aboriginal Land Council (OLALC) currently holds a "neutral" position on the goldmine project, having shifted from an earlier stance of opposition.

Claims and Responses

• Applicants' Claims: Supporters of the current protection requests argue that sacred waters, specifically those linked to the "Blue Banded Bee Dreaming" tradition, face irreversible harm if the project's tailings dam proceeds.
• Corporate Position: Regis Resources, the company behind the project, maintains that the mine has already undergone rigorous state and federal approval processes. They argue that the legal challenge in October showed the mine was unviable under previous protection declarations.
• Judicial Stance: Justice James Stellios, who overturned the previous order, clarified that his decision focused on procedural errors in the decision-making process rather than the inherent merits or cultural significance of the site itself.

The environment minister is now tasked with determining whether the site remains a significant Aboriginal area under immediate threat. The original filings and departmental updates can be monitored through official DCCEEW channels.