Regis Resources challenges Minister’s decision to block McPhillamys gold mine in Federal Court

Regis Resources, the WA gold miner that had a $1 billion gold project torpedoed by Tanya Plibersek on Indigenous heritage grounds, has moved on legal action to have the decision declared invalid.

The Jim Beyer-led company in a statement on Thursday said it had filed an application with the Federal Court outlining “several issues and alleged failures” as to how the Environment Minister reached her decision over the project in August.

A Section 10 application — lodged usually to seek protection or preserve areas on cultural heritage grounds — was granted over the part of Regis’ proposed McPhillamys gold mine in New South Wales, in a decision that has infuriated the mining industry.

Regis claims the decision rendered its project essentially unviable, and has indicated recently that legal action was on the cards.

“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,” Mr Beyer said.

“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.”

He claimed “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 part of its pursuit, Regis wants the Section 10 declaration made invalid, to have the application referred to a different Minister and costs awarded for legal proceedings.

In its arguments to have the decision overturned, Regis has pointed to an external expert that allegedly found there was “insufficient evidence” to prove the patch of land in Blayney was of “particular significance” under heritage grounds.

Regis claims the Minister failed to take this into consideration.

The miner also plans to refer to what it argues was “clear advice” from the Orange Local Aboriginal Land Council that the area was not of significance.

As legal proceedings are under way, a spokeswoman for Minister Plibersek said it would be “inappropriate for the Minister to comment”.

The Minister had previously said that her “decision is not to stop the mine” and suggested the tailings dam — used to store waste from the mine — could easily be built elsewhere.

Regis on Thursday re-emphasised its argument that McPhillamys was “unviable” in its approved form, and that it would take between five and 10 years to sort new Federal and State approvals for a rehashed project.

Federal shadow environment Minister Jonno Duniam swiftly moved to lambaste the minister’s decision after the legal action was announced.

“When it comes to approvals, the Australian public and the proponents of resources projects need to have confidence that governments will responsibly balance economic interests with environmental and Indigenous cultural heritage considerations,” he said.

He said the minister had damaged Australia’s reputation among international resources companies.

“Tanya Plibersek’s Section 10 declaration has put a serious dent into our reputation amongst the boards of international resources companies who are contemplating where to invest their capital.”

Regis wrote down $192 million, or nearly the entire value of McPhillamys after the decision.

Regis’ project had been held up in the approvals process since October 2020 when the Section 10 application against McPhillamys was submitted, and had received all other substantive State and Federal approvals for the project.

Under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 , an application can be made to the Federal Government to request the protection and preservation of significant Aboriginal areas.