Politics · McPhillamys heritageBlayney goldmine protection: Two emergency applications under assessmentAired October 30, 2026 at 7:10 AM UTCWritten October 30, 2026 at 7:31 AM UTCRead the write-upThis storyTranscript · LOADING0:07Twelve land council members have asked the government to protect River Headwaters0:10from a gold project.0:11They say the Balubula River's sacred waters face irreversible harm.0:15An earlier protection declaration has already fallen in court, putting the future of0:20protection for the Headwaters back before the federal government.0:23Will the environment minister use his emergency powers to protect the area?0:26The McPhilamy's Gold Project is near Blaney, in central west New South Wales.0:30The dispute centers on the Balubula River Headwaters and Springs, where Regis0:35Resources proposed a tailings dam to hold mining waste.0:37A dozen concerned members of the Orange Local Aboriginal Land Council submitted0:41their request this week, acting independently of the council.0:44They addressed it to Federal Environment Minister Murray Watt.0:47A different party has lodged a second application.0:50The Federal Environment Department says both applications are under assessment and0:53no decision has been made.0:55The members want emergency protection for part of the project area.0:58The second application comes from a different party, whose detailed grounds haven't1:02been disclosed.1:03The members describe the Headwaters as facing an imminent threat of desecration.1:07They urge Watt to take all available lawful steps to protect what they call the1:11sacred waters from irreversible harm.1:13Their application calls the river a sacred songline of particular significance to1:16the Virajuri people.1:18They describe it as the giver of life and the lifeblood of their people, connecting1:22protection of the water with cultural responsibilities and continuity.1:25They are seeking a declaration under Section9 of the Aboriginal and Torres Strait1:29Islander Heritage Protection Act.1:31That gives the minister an emergency protection power.1:33The minister must decide whether the evidence meets the legal test.1:36An Aboriginal person or group can apply orally or in writing.1:40The minister must be satisfied the area is culturally significant and faces a1:44serious and immediate threat of injury or desecration.1:47Even then, making a declaration is discretionary.1:50The member's submission also challenges who has been heard.1:52They say Viradri and other First Nations people with cultural connections to the1:56country weren't given a meaningful opportunity to express their views.1:59Council Chief Executive Annette Steele expects the department to seek the council's2:03response.2:03She says senior Vera Juri elders with cultural authority for the area will guide it.2:07Council membership is open to Aboriginal people within its boundaries.2:10Including people who aren't traditional owners, steele says cultural heritage2:15matters are typically decided by people with cultural authority.2:18She also says members can raise concerns at meetings or with the board, describing2:22land councils as democratic organizations.2:24The council objected to the project's environmental impact statement in2019, warning2:29of detrimental and irreversible harm to Aboriginal cultural heritage.2:32In2023, it changed its position to neutral.2:36It has also questioned cultural claims about the area, including a dreaming story.2:40The new applicants say they weren't consulted or asked for their views when the2:43council's executive changed that position.2:45Their complaint puts consultation and cultural authority at the center of the2:49dispute within the community.2:50Viradier elder Auntineary Reynolds made the original protection application,2:54supported by the Viraduri traditional owners, Central West Aboriginal Corporation.2:58Former Environment Minister Tanya Pleibersek then protected the headwaters and3:01springs through a Section10 declaration in August2024.3:05Plaversack found the proposed waste dam would cause irreversible and permanent loss3:09to Aboriginal Heritage.3:10She found the headwaters sacred to the Rirajuri people and their blue banded bee3:14dreaming tradition, which describes how the springs formed.3:17The August2024 declaration had put the project on hold.3:20Regis said it made the planned open cut operation not viable.3:23On October14,2026 , the company successfully challenged the declaration in the3:28federal court over a failure in the decision making process.3:31A departmental brief for the earlier decision acknowledged that protection ran3:35against the land council's advice.3:36It concluded that a consensus among all Vera Juri people wasn't necessary, but the3:41handling of new information about the dreaming story undermined the declaration's3:44legality.3:45Justice James Stelios found that officials should have treated the revelation of the3:48blue banded bee dreaming story as a new application.3:51His ruling left the merits of the cultural claim, the area's significance, and the3:55threat to it undecided.3:56Regis had argued in court that the dreaming story didn't exist and questioned why it4:00hadn't appeared in the initial application.4:02The judge made no finding that the tradition was invented.4:05The company's argument remains its position in that case.4:08Regis says the project already has New South Wales and federal environmental4:12approvals, and both processes considered Aboriginal cultural heritage.4:16The members are asking the government to exercise its separate emergency heritage4:19powers over an area they say needs urgent protection.4:22The company says it supports Aboriginal cultural heritage protection through a4:26planning process that gives certainty to all parties.4:28Its warning that the project was unviable concerned the earlier declaration.4:32It hasn't supplied a current works timetable in this response.4:35Watt now faces the decision on emergency protection.4:38He must assess cultural significance and the claimed immediate threat before4:41deciding whether to make a declaration.4:43The department hasn't announced a decision date.Explore with HeyDexFollow via RSS
