Judge finds Aboriginal protection order on goldmine 'fundamentally flawed'

Key points

• The Federal Court has overturned an Aboriginal protection order placed over part of the McPhillamys goldmine site near Blayney in New South Wales. Justice James Stellios found the decision-making process was fundamentally flawed.
• The order, made by former environment minister Tanya Plibersek in 2024, protected headwaters and springs of the Belubula River, where a tailings dam was planned. Justice Stellios said a new application should have been treated as a fresh process, including public consultation.
• The matter now returns to the federal government for redetermination. The Albanese government says it remains committed to reforming the legislation.