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Politics · Global

Federal Court invalidates Aboriginal protection order for gold project

The Federal Court has invalidated an Aboriginal protection order for a gold project, removing the order in this case and raising questions about how federal heritage-protection powers are applied.

AI-assisted synthesis · Based on 2 outlets' reporting · Article text read from 1 of 2 outletsHow it's made

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2 outlets2 regionsLatest reporting 3 min read
Coverage: Too few ratedL 0 · C 1 · R 1

What happened

Key facts

  • Justice James Stellios found the decision-making process behind the order fundamentally flawed (per ozarab.media).
  • The declaration was intended to protect the Belubula River’s headwaters and springs, where the project’s tailings dam was planned (per ozarab.media).
  • 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 (per ozarab.media).

The brief

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 found the decision-making process behind the order “fundamentally flawed,” according to ozarab.media, which attributed its account to ABC News. Stellios published redacted reasons for the ruling.

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

The account says Aboriginal elders provided details of the story in December 2023, after the Section 10 report had already been presented to the minister. One elder had asked for the information to support a Section 10 application. The timing and purpose of that request feature in the court’s explanation of the administrative process behind the declaration.

Justice Stellios said the Department of Climate Change, Energy, the Environment and Water should have advised the minister that the elder’s request required a new application.

The ruling therefore concerns the process that led to the protection order; it does not, in the reported account, set out a separate finding about the proposed tailings dam or the river’s environmental condition. A federal government spokesperson said the Albanese government remained committed to reforming the legislation.

The spokesperson said consultation on proposed reforms was due to begin before the end of the year. That is the stated next step concerning changes to the law; the account does not say whether the proposed reforms would alter the process at issue in this ruling.

The decision leaves the order invalid, while the government has described legislative reform and consultation as continuing priorities. The account identifies no further court action or specific remedy beyond the ruling, and does not report a separate response from the project’s proponents or the elders.

Why it matters

  • The ruling invalidates an order intended to protect the Belubula River’s headwaters and springs at the location where the McPhillamys Gold Project’s tailings dam was planned.
  • The court’s criticism focused on the Department of Climate Change, Energy, the Environment and Water’s advice to the minister about whether the elder’s request required a new application.
  • The Albanese government says it is pursuing reform of the heritage legislation, with consultation on proposed changes due to begin before the end of the year.

What to watch next

  • Whether the Albanese government begins consultation on proposed legislative reforms before the end of the year.
  • What changes, if any, the government proposes to the Aboriginal and Torres Strait Islander Heritage Protection Act.

How it's being covered

Coverage analysisShow details
2 source articles · 2 unique outlets
Outlet political mix: Too few rated· 1 Center · 1 Right
Where the outlets are based: Middle East 50% · Asia 50%
Outlet political mix
Too few rated
Left
Center
Right
0 outlets
1 outlet
1 outlet
The marker shows coverage balance: each unique outlet counts once.
Geography
Where the outlets covering this story are based.
2 unique outletsDominant coverage: Middle East
Limited coverage
  • Coverage is currently limited to 2 outlets.
How we measure coverage

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Timeline

Developments from this story's sources, dated background we compiled and fact-checked, and our earlier coverage. Each row says which.
  1. New South Wales passed the National Parks and Wildlife Act, which protected Aboriginal objects and places.
    Background · compiled and fact-checked by Updat3
  2. A drilling project proceeded at Noonkanbah in Western Australia amid a dispute over land regarded as sacred by the local Aboriginal community.
    Background · compiled and fact-checked by Updat3
  3. Australia passed the Aboriginal and Torres Strait Islander Heritage Protection Act, establishing a federal mechanism to protect Aboriginal areas and objects.
    Background · compiled and fact-checked by Updat3
  4. Before the federal protection order, the McPhillamys gold project near Blayney in New South Wales had received state development consent in 2023.
    Background · from our historical context
  5. Environment Minister Tanya Plibersek made a federal heritage-protection declaration covering the Belubula River headwaters and springs near the McPhillamys project.
    Background · compiled and fact-checked by Updat3

How we got here

Before the federal protection order, the McPhillamys gold project near Blayney in New South Wales had received state development consent in 2023. Its proposed tailings storage facility was planned near the Belubula River’s headwaters and springs.

In 2024, federal Environment Minister Tanya Plibersek made a declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 covering the area; the declaration was intended to protect places of significance to Aboriginal tradition from the project’s effects.

Original sources

2 articles from 2 outlets

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