The ongoing conflict surrounding the gold mining project by Regis Resources in New South Wales has reignited tensions over Aboriginal heritage. Wiradjuri elder Nyree Reynolds emphasizes the cultural significance of the Bilabula river, stating, “And no one has the right to destroy this.” In August, the Australian government mandated that Regis find a new site for a dam associated with its A$1 billion gold project, citing potential irreparable harm to the cultural heritage linked to the river.
This decision, made under a rarely invoked Aboriginal heritage protection law by Environment Minister Tanya Plibersek, has sparked backlash from mining groups, who argue that Regis adhered to all legal requirements. They warn that such actions introduce sovereign risk for developers, complicating the regulatory landscape.
The government’s stance follows the controversial destruction of ancient Aboriginal rock shelters by Rio Tinto at Juukan Gorge, highlighting the urgent need for reforms in heritage protection laws. Currently, at least three other resource projects are under review, similar to Regis’s situation, due to Section 10 of the law, which allows Aboriginal groups to protect significant cultural areas.
Warren Pearce, CEO of the Association of Mining and Exploration Companies, criticized the unpredictability introduced by these decisions, stating that even after obtaining all necessary environmental approvals, a federal minister can render a project unviable.
While some local Aboriginal groups had deemed the impacts of Regis’s project manageable, the company is now considering its legal options after a significant write-down in project value. The recent decisions signal a shift towards prioritizing Indigenous rights over mining interests, with calls for developers to engage more effectively with Aboriginal communities.