After more than two years in limbo, the McPhillamys Gold Project near Blayney has cleared a major hurdle. The Federal Court has overturned the Commonwealth decision that stalled one of the largest proposed investments in the Central West in a generation.
The decision
On Wednesday 14 October 2026, Federal Court Justice James Stellios ruled an Aboriginal protection order invalid, ordering the $1.3 billion McPhillamys Gold Project proposal returned to Environment Minister Murray Watt for redetermination due to procedural fairness flaws.
The order was made by then Environment Minister Tanya Plibersek in August 2024, under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. It covered 400 hectares of the site, including the area where Regis Resources planned to build its tailings dam, the facility that stores mining waste. At the time, Ms Plibersek said the order would protect the headwaters and springs of the Belubula River, and that the company could build its tailings storage elsewhere.
Regis disagreed. The company said the order affected a critical part of the site and made the project “no longer financially feasible.” Regis wrote down the value of the project by A$192 million and launched legal action in November 2024. Two days of hearings followed in December 2025.
The protection order came from an application lodged in 2020 by Wiradyuri elder Aunty Nyree Reynolds. The court heard that the application was supported by the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC) and referred to a Dreaming story called the Blue Banded Bee. Justice Stellios found that this information amounted to a new application and that it should have been referred to the government reporter and put through a public consultation process.
The judge was clear about the limits of his ruling. He said the decision says nothing about whether the area is significant or under threat. Those questions remain for the Minister, not the court. The Orange Local Aboriginal Land Council has supported the development and strongly disputed the cultural heritage claims used to justify the original order.
What they said
Regis managing director Jim Beyer described the judgment as “a significant and welcome step forward” and said the company was eager to move ahead after more than two years of lost time.
NSW Premier Chris Minns said Ms Plibersek had made an error. “I want that mine to go ahead,” he said. “There are more people in mining jobs in NSW today than there were when we were elected in March of 2023. We’re proud of that. It’s a really important part of our economy.”
Calare MP Andrew Gee criticised the government, calling the flawed assessment process a “shocking debacle.” The Association of Mining and Exploration Companies called on Minister Watt to act swiftly and clear the way for the project to proceed.
About the project
McPhillamys sits on the outskirts of Blayney, roughly 250 kilometres west of Sydney. It is recognised as one of Australia’s largest undeveloped open pit gold projects, with an Ore Reserve of 56 million tonnes at 1.1 grams per tonne gold for 1.89 million ounces.
The mine was approved by the NSW Independent Planning Commission in March 2023, and federal approval followed that same year. The heritage declaration halted it the following year.
Since then, the economics have shifted considerably. Gold was fetching US$2,508 an ounce on the day the tailings dam was blocked in August 2024, while this week it was trading at US$4,155.
What happens next
The decision now sits with Minister Watt. Regis isn’t putting all its eggs in one basket, though. The company says it is continuing to work on an alternative tailings design “with the potential for the redetermination process to be protracted or for the outcome not to be in Regis’s favour.”
Under that alternative, the conventional tailings dam would be replaced with a filtered tailings solution, where waste is mechanically dewatered to a filter-cake consistency and stored within the mine waste dump. Regis is aiming for a final investment decision in the first half of 2028.
What it means for the region
The potential benefits for the Central West are significant. According to Regis, the project would create 600 direct jobs during construction and 260 permanent, locally based jobs once operating. It would also include a multi-million-dollar Voluntary Planning Agreement with Blayney Shire Council and a permanent water pipeline that could drought-proof the town’s water supply long after mining has ceased, along with hundreds of millions of dollars in royalties to the NSW Government.
For Blayney, Orange, Bathurst and the surrounding towns, a project of this size brings flow-on activity. That includes work for local trades and suppliers, more spending in local businesses, and new demand for housing as construction and operational workforces arrive. With the project now moving forward again, these are things worth watching for anyone thinking about buying, selling or investing in the region over the coming years.
What the community thinks
Independent research commissioned by Regis suggests strong local support. A March 2026 survey by SEC Newgate Research of 435 residents across the Bathurst, Orange, Cabonne and Blayney council areas found 71% support the project once informed of its key details, with just 11% opposed. Three quarters believe it will benefit their local community, and support in Blayney itself sits at 73%.
Not everyone is on board. The Wiradyuri Traditional Owners Central West Aboriginal Corporation sought the protection of the Belubula headwaters as a site central to creation stories. Local group the Belubula Headwaters Protection Group has opposed the mine for years over its environmental and water impacts. When the project stalled in 2024, then Blayney Shire mayor Scott Ferguson said the process was driving the community apart.
The court has settled the question of process. The question of heritage now returns to Canberra. For the Central West, the hope is that a final answer comes sooner rather than later.
This article reflects the views of RWC Central West only, has not been reviewed or authorised by Regis Resources, is not affiliated with Regis Resources in any way, and is general information that should not be relied on as legal, financial or investment advice.
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