Regis Resources’ McPhillamys gold mine: Liberals push to overturn Tanya Plibersek’s bombshell ruling

The Opposition will push to overturn Tanya Plibersek’s decision to torpedo a $1 billion gold mine project as it accuses the Federal Government of “shutting down the mining sector by stealth”.

The Coalition will move a motion in Federal Parliament to reverse Ms Plibersek’s use of Aboriginal cultural heritage laws to stop Regis Resources’ McPhillamys gold mine development in regional NSW in its tracks.

“This latest anti-mining decision by the Albanese government is very serious,” shadow resources minister Susan McDonald said.

“This is another step in shutting down mining by stealth”.

Ms Plibersek has sparked alarm and outrage across the mining sector after choosing to side with a small group of Wiradjuri elders who, with the backing of the taxpayer-supported Environmental Defenders Office, fought to block the project amid concerns it would damage a culturally significant area.

The main Aboriginal corporation in the region — the Orange Local Aboriginal Land Council — did not oppose McPhillamys, describing its stance on the development as “neutral”.

“Minister Tanya Plibersek is disgraceful in terms of decisions that she’s making at the whim of the activist EDO as opposed to listening to the authority on the ground to ensure that this project goes ahead,” Shadow minister for Indigenous Australians Jacinta Nampijimpa Price said.

The Coalition’s motion to reverse the decision has next to no prospects of success although it will keep the decision in the spotlight.

Ms Plibersek was out defending the decision again on Tuesday, claiming the bombshell ruling was necessary to prevent a repeat of Rio Tinto’s Juukan Gorge disaster.

“If we sincerely believe that we can’t allow the destruction of cultural heritage in that way then occasionally decisions like this have to be taken,” Ms Plibersek told ABC radio.

In a statement to the ASX, Regis’ boss said the decision meant the project, which had already received all other relevant State and Federal approvals, was now “unviable”.

The company had investigated other sites for the dam but none were considered feasible — a fact that was communicated to Ms Plibersek.

Despite this, Ms Plibersek on Tuesday again urged Regis to explore alternative locations, insisting her decision did not mean the mine project could not go ahead at all.

“If they are right in saying there’s around $7 billion worth of gold to be extracted from this mine, I think it’s in their interests to have a look at those alternative sites that they’ve previously investigated,” she said.

The 11th-hour ruling under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act has sent shockwaves through the mining sector and prompted fresh warnings about the “sovereign risk” of investing in Australia.

Association of Mining and Exploration Companies chief executive Warren Pearce said the “incredibly disappointing decision” set a “truly terrible precedent” for investors.

“The absolute absurdity of this decision is that in upholding the Section 10 Objection the Minister has chosen to ignore the views of the recognised Traditional Owners for this country (the Orange Local Aboriginal Corporation), who did not object to the Project,” he said.

“They could see the value and future prosperity that this project could bring to their people. It’s a shame the Minister didn’t listen to them while purporting to protect their interests.

“Absolutely nobody benefits from this decision. Not the local community, not Traditional Owners, not the State of New South Wales nor the industry. It’s a lose, lose, lose.”

But Ms Plibersek brushed off those concerns.

“These laws have been around since 1984. Following Australian law is not sovereign risk — that is following Australian law,” she said.

Shadow environment minister Jonno Duniam said the decision had opened a “Pandora’s box of projects that the minister could reject tomorrow which severely affects our sovereign capabilities”.

“After ticking every environmental approval box possible and with mines already taking up to sixteen years to get approved, the decision is further proof that the Labor Government will go to any length to stop developments, all in the name of harvesting Greens votes in inner-city electorates,” Senator Duniam said.

“This is the most anti-jobs, anti-development government Australia has ever had and this decision is proof positive of that.

“Tanya Plibersek is willing to go to these lengths to block productive projects and with them, hundreds of jobs and billions in investment.”