Plibersek shares the rationale behind the suspension of the $1 billion McPhillamy's gold mine project located near Blayney

Federal Environment Minister Tanya Plibersek has determined that the 'irreversible' and 'permanent' loss to Aboriginal heritage outweighs the financial implications of pausing a $1 billion gold mine project in New South Wales' Central West region.

Today, Ms. Plibersek published the Statement of Reasons explaining her decision to safeguard part of the Belubula River, along with its headwaters and springs near Blayney, from the tailings dam proposed for the Regis Resources McPhillamys gold mine.

In August, the Minister approved a request from a coalition of Wiradyuri elders to protect the area from 'harm' or 'desecration' due to its cultural importance.

In the document, Ms. Plibersek acknowledged that Regis Resources would be financially impacted by her decision. She stated, "I was satisfied that the proprietary and pecuniary effects on the proponent and others do not outweigh the irreversible damage and permanent loss to the Aboriginal cultural heritage in the declared area."

The statement highlighted that Regis Resources argued the decision would eliminate job opportunities related to the project, negate the financial benefits to the Blayney community, and compromise other indirect advantages, including population growth, education, and training. "I was satisfied that a partial declaration would make the proposed mine unviable in its current proposed and approved state," the Minister concluded.

She also recognized that while the company could explore alternative locations for the tailings dam, doing so would incur "time and resource implications."

Insufficient NSW Laws

Ms. Plibersek concluded that the relevant NSW legislation did not offer "effective protection" for the Belubula headwaters. The document detailed Regis Resources' stance that an Aboriginal Cultural Heritage Management Plan for the site would serve as an "adequate tool" for protection. However, the statement found that this plan would not encompass "intangible heritage" and would only pertain to Aboriginal objects.

Furthermore, it stated that the two state laws that could potentially protect the site—the National Parks and Wildlife Act and the Heritage Act—would not apply to the approved State Significant Development. "For these reasons, I formed the view that NSW legislation does not provide effective protection of the declared area," wrote Minister Plibersek.

Spiritual Significance

The Minister found that the Belubula headwaters were "sacred" to the Wiradjuri people and integral to their Blue Banded Bee Dreaming tradition, which explains how the springs were created. She noted that the coalition of elders that made the protection request—the Wiradyuri Traditional Owners Central West Aboriginal Corporation—indicated that the Dreaming would be taught at the site during pre-initiation ceremonies.

Minister Plibersek referenced Senior Wiradyuri Elder Dinawan Dyirribang Uncle Bill Allen's testimony, which described the site as a "big university for our young fellas to come to get their learning."

The statement also acknowledged that both Regis Resources and the Orange Local Aboriginal Land Council contended that the Bee Dreaming did not exist and questioned why this tradition was not mentioned in the initial protection request. However, the Minister determined that the Dreaming was handed down to specific custodians, and the relevant elder with that knowledge was hospitalized during consultations about the decision.

Broad Criticism

Regis Resources chose not to comment on the Statement of Reasons but previously stated that the protection order rendered the gold mine unfeasible and that it would take a decade to find a suitable alternative site for the tailings dam.

Speaking exclusively to the ABC, elders from the Wiradyuri Traditional Owners Central West Aboriginal Corporation claimed they had faced threats and harassment following the Minister's decision. They emphasized the site's significant spiritual importance to their community.

Previously, the Orange Local Aboriginal Land Council had opposed the mine but later adopted a neutral stance after discussions with Regis. The gold mine had received approval from the NSW independent Planning Commission in March 2023.

Minister Plibersek's August decision prompted considerable political backlash from the Federal Opposition and NSW Premier Chris Minns.