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 thwarted by an Indigenous heritage protection challenge, 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 Environment Minister Tanya Plibersek 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.

“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”.

If successful, Regis wants the Section 10 declaration made invalid, to have the application referred to a different Minister and costs awarded for legal proceedings.

More to come.