UPDATE: Regis Resources has launched an urgent legal challenge against former Environment Minister Tanya Plibersek, claiming her recent decision to block a $1 billion gold mine is “legally unreasonable.” This pivotal case is currently underway in the Federal Court following Plibersek’s eleventh-hour declaration that halted the McPhillamys mine project near Blayney.
The controversy erupted after Plibersek’s declaration aimed to protect portions of the Belubula River, citing a “highly controversial” blue-banded bee dreaming story from the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC). This declaration forced the cancellation of a critical tailings dam, rendering the entire mining project “unviable.”
Barrister Perry Herzfeld SC, representing Regis Resources, argued that Plibersek failed to properly consider the severe consequences of her decision. He emphasized that the dreaming story was introduced late in the consultation process, questioning its validity and alleging a lack of independent assessment. Herzfeld described the government’s reliance on a mural of a blue-banded bee in Bathurst as “bootstrapping” and “entirely irrational.”
The court proceedings revealed that a 30-year suppression order, issued by Justice James Stellios on December 5, 2023, has sealed crucial evidence surrounding Plibersek’s decision. Regis is pushing for the court to overturn this decision and allow a different minister to reassess the evidence, with discussions around costs also anticipated.
As the case develops, the respondents have yet to present their submissions on behalf of the minister, leading to an adjournment of the proceedings until 10:15 AM tomorrow. The outcome of this case could have significant implications not just for Regis Resources, but for the broader mining industry and indigenous heritage protection policies in Australia.
Stay tuned for more updates as this urgent case unfolds.
