UPDATE: Regis Resources has launched a legal battle against former Environment Minister Tanya Plibersek, challenging her last-minute decision that halted their $1 billion gold mine project near Blayney. The case is unfolding in the Federal Court as claims of “legally unreasonable” errors dominate discussions.
On Wednesday, Regis argued that Plibersek’s declaration to protect Indigenous heritage linked to a controversial “blue-banded bee dreaming story” effectively made their McPhillamys mine project “unviable.” This decision forced the cancellation of a crucial tailings dam at the site, putting significant financial stakes on the line.
Barrister Perry Herzfeld SC, representing Regis, contended that Plibersek failed to adequately assess the ramifications of her decision. He emphasized that the dreaming story was introduced late in the consultation process by the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC), leading to a serious lack of procedural fairness.
The court was informed that the Department attempted to validate the dreaming story by referencing a mural of a blue-banded bee in Bathurst. Herzfeld characterized this move as “bootstrapping” and “entirely irrational,” suggesting that the mural was sourced at a time when WTOCWAC was already aware of the heritage protection application.
A 30-year suppression order issued by Justice James Stellios on December 5 has shrouded various pieces of evidence related to Plibersek’s decision, complicating the proceedings. Regis is now seeking to overturn this decision and demand that a different Minister re-examine the evidence, with costs also on the agenda for discussion.
As the court’s session was adjourned, the respondents have yet to present submissions on behalf of the Minister. The case is set to resume at 10:15 AM on Thursday, with developments closely watched by stakeholders in the mining sector.
This legal challenge not only impacts Regis Resources but also raises questions about Indigenous heritage protection and its implications for future mining projects across Australia. The outcome of this case could set significant precedents in how environmental and cultural considerations are weighed against economic interests.
Stay tuned for more updates as this story develops.
