This bill did not become law and is no longer proceeding.
Climate, energy & environment
The bill would cancel the Federal Environment MinisterThe Commonwealth minister who made the 13 August 2024 heritage protection declaration that the bill seeks to cancel.'s 13 August 2024 heritage protection declarationA formal ministerial decision that can stop work if it may harm an Aboriginal or Torres Strait Islander place or object of significance., so the proposed Blayney gold mine tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. could go ahead.
The Environment Minister’s 13 August 2024 heritage protection declarationA formal ministerial decision that can stop work if it may harm an Aboriginal or Torres Strait Islander place or object of significance. halted construction of the Blayney gold mine tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. and triggered outcry because it overturned earlier state and federal approvals. This bill cancels that declaration and blocks future heritage protection declarations across the mine site so the project can proceed.
After years of state and federal assessment, including consultation with registered Aboriginal partiesThe Aboriginal people or groups formally recognised in the approvals process as having standing to be consulted about the project. from 2016 and a section 10The part of the Heritage Protection Act used to seek a declaration to protect a significant area or object. heritage protection process that began in 2020, the McPhillamys projectThe gold mine project near Blayney that is the subject of the bill and the heritage dispute. had secured approvals before the Environment Minister’s 13 August 2024 declaration stopped the planned tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. and made the wider Blayney gold mine effectively unviable. Senator Duniam introduced this bill on 12 September 2024 to cancel that declaration and bar future heritage declarations across the mine site, but the measure was defeated at second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. on 20 November 2024.
Critics said the bill would wipe out a lawful heritage protection decision so a tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. could be built, putting Wahluu and nearby cultural and environmental values at risk while carving out the whole mine site from future federal heritage protection. That case was pressed by Labor, the Greens and crossbench critics, who treated the bill as a direct weakening of First Nations heritage law rather than a broad bipartisan concern.
Senator Jonathon Duniam introduced this bill. Speeches supporting it came from Liberal Party, CLP, Nationals.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
Did not pass
1 recorded vote before the bill stopped proceeding
Time before failure
69 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
The bill would cancel the Federal Environment MinisterThe Commonwealth minister who made the 13 August 2024 heritage protection declaration that the bill seeks to cancel.'s 13 August 2024 heritage protection declarationA formal ministerial decision that can stop work if it may harm an Aboriginal or Torres Strait Islander place or object of significance., so the proposed Blayney gold mine tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. could go ahead.
The bill would stop future Aboriginal and Torres Strait Islander heritage protection declarations from being used anywhere across the full Blayney mine site, so the whole project could proceed.
The bill would block the minister from using the Aboriginal and Torres Strait Islander Heritage Protection Act 1984The federal law the minister used to make the heritage declaration, and the law this bill tries to limit for the Blayney mine site. to stop the mine being built or run, including the tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop..
If passed, it will revoke the decision she made, through that declaration, to prevent the construction of a tailings dam as part of a proposed gold mine project in central west New South Wales.Blayney Gold Mine explanatory memorandum
If passed, the Bill will repeal the Environment Minister’s declaration and it will subsequently preclude any further cultural heritage declaration from being applied to the relevant area. It should be noted that the area defined by the Bill covers the full proposed location of the mine site. This is in order to ensure certainty that the entire gold mine project can proceed – in accordance with the multiple State and Federal approvals that had been attained prior to 13 August 2024 – without any further action being taken under the Heritage Protection Act.Blayney Gold Mine explanatory memorandum
5. This clause prevents the Minister from making any declarations under the Heritage Protection Act that would affect the construction or operation of the gold mine. Subclause (3) clarifies that the construction or use of a tailings dam is an activity to which a declaration may not be made.Blayney Gold Mine explanatory memorandum
Context
After years of state and federal assessment, including consultation with registered Aboriginal partiesThe Aboriginal people or groups formally recognised in the approvals process as having standing to be consulted about the project. from 2016 and a section 10The part of the Heritage Protection Act used to seek a declaration to protect a significant area or object. heritage protection process that began in 2020, the McPhillamys projectThe gold mine project near Blayney that is the subject of the bill and the heritage dispute. had secured approvals before the Environment Minister’s 13 August 2024 declaration stopped the planned tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. and made the wider Blayney gold mine effectively unviable. Senator Duniam introduced this bill on 12 September 2024 to cancel that declaration and bar future heritage declarations across the mine site, but the measure was defeated at second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. on 20 November 2024.
Regis begins consultation with registered Aboriginal partiesThe Aboriginal people or groups formally recognised in the approvals process as having standing to be consulted about the project.
Parliamentary debate said Regis had been consulting 13 registered Aboriginal partiesThe Aboriginal people or groups formally recognised in the approvals process as having standing to be consulted about the project. from 2016 as part of the project's approval pathway.
Second reading speech ↗Section 10The part of the Heritage Protection Act used to seek a declaration to protect a significant area or object. heritage protection application begins
A later second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. speech said the section 10The part of the Heritage Protection Act used to seek a declaration to protect a significant area or object. application process started in 2020 and the claim considered at the end was very different from the original application.
Second reading speech ↗Environment Minister issues the heritage protection declarationA formal ministerial decision that can stop work if it may harm an Aboriginal or Torres Strait Islander place or object of significance.
The explanatory memorandum says the declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984The federal law the minister used to make the heritage declaration, and the law this bill tries to limit for the Blayney mine site. halted the proposed tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. and, in practice, stopped the mine proceeding.
Blayney Gold Mine explanatory memorandum ↗Bill is introduced to overturn the declaration
Senator Duniam introduced the bill to repeal the 13 August 2024 declaration and prevent further heritage protection declarations across the full proposed mine site.
Parliamentary timeline ↗Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. is negatived
The bill failed at second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further., leaving the minister's declaration in place and the proposed legislative override unmade.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further., opening the main debate on the bill's purpose and principles.
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. negatived
Key criticism
Critics said the bill would wipe out a lawful heritage protection decision so a tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. could be built, putting Wahluu and nearby cultural and environmental values at risk while carving out the whole mine site from future federal heritage protection. That case was pressed by Labor, the Greens and crossbench critics, who treated the bill as a direct weakening of First Nations heritage law rather than a broad bipartisan concern.
The recorded criticism was strong but came mainly from Labor, Greens and allied crossbench senators.
Overrides heritage protections
Opponents said the bill would cancel an existing lawful heritage protection declarationA formal ministerial decision that can stop work if it may harm an Aboriginal or Torres Strait Islander place or object of significance. and prevent future use of the federal heritage law across the Blayney mine site, exposing Wahluu and related cultural heritage to damage.
Sets a dangerous precedent
Critics argued the bill was not just about one project: it would create a precedent for Parliament to strip back First Nations heritage protections whenever a development is politically contested.
Weakens legal and environmental safeguards
Government critics said the bill would override a ministerial decision made under existing law and cut across proper environmental and heritage decision-making, including while the broader dispute was before the Federal CourtThe court the government says is already hearing the wider dispute, which is why it argues Parliament should not override the matter in this bill..
Further sources
Votes
Other recorded votes grouped by chamber. Expand a vote to see the party breakdown.
Senate
Defeated 24 to 27. Support came from Liberal Party, Nationals, One Nation, and CLP. Opposition came from Labor, Greens, and minor parties and independents. Minor-party and independent votes were split.
This stopped the bill at second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. in the Senate and prevented it from proceeding further on 20 November 2024.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Duniam supports the bill and says it is a practical way to reverse the minister's decision blocking the Blayney gold project.
Read in Hansard ↗Green says Labor will not support the bill because it would let the opposition overturn lawful cultural heritage protections and weaken environmental decision-making.
Read in Hansard ↗Thorpe opposes the bill, saying it is a coalition attack that would override the minister's heritage protection decision and stop further cultural heritage processes at the mine site.
Read in Hansard ↗Cox opposes the Blayney Gold Mine bill, saying it would overturn valid cultural heritage protection for a tailings damA large storage dam for waste left after ore is processed, and the part of the mine the declaration was said to stop. and set a dangerous precedent for First Nations heritage.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 oppose
“That is the view of our government: that when there are laws in place to protect cultural heritage they should be applied, and decisions should be made with the full raft of evidence available. Cultural heritage is a gift, and once it's gone you cannot get it back; it is gone forever. What an incredible loss, if we see those opposite, given the opportunity, destroy the environment, destroy cultural heritage and slow down environmental approvals by defunding the environment department. That is what we would see under the Liberals-Nationals. That is why we are not supporting this legislation. It's an outrageous stunt from the Liberals-Nationals. It is a complete degradation of their responsibility in wanting to be an alternative government. They should be ashamed of themselves for even putting this forward. (Time expired)”Read the full speech in Hansard ↗
“The government opposes this bill, the Blayney Gold Mine Bill 2024. The statement of reasons for the minister's decision has been available on the Department of Climate Change, Energy, the Environment and Water's website for some time, and the minister has spoken at length about her decision, including to the parliament.”Read the full speech in Hansard ↗
4 speakers · 6 contributions · 4 support
Hansard records 2 separate contributions by Jonathon Duniam on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Duniam supports the bill and says it is a practical way to reverse the minister's decision blocking the Blayney gold project. He argues the project was already well assessed and would deliver major jobs and investment, so the government has badly mishandled the issue.
“More to the point, the introduction of this bill provides an opportunity for Australia's Federal parliamentarians to try to reverse that dreadful decision.”Read this contribution in Hansard ↗
Second reading speech
Duniam says the opposition supports the bill and wants the Senate to reverse the decision blocking the Blayney gold mine. He argues the project had full state and federal approvals, and says stopping it creates sovereign riskA business term for the fear that government decisions may change rules in a way that makes investing in Australia less predictable., harms investment, and ignores local Indigenous voices.
“There are a range of concerns about this process. How can a project which had full environmental planning and cultural heritage approval at state and federal level be knocked on the head like this based on claims made by a group that Indigenous leaders, Wiradjuri elders, are saying have no authority to do so? This Senate needs to do the right thing, and it should support this bill to do it.”Read this contribution in Hansard ↗
“The coalition believes that, to achieve real outcomes for communities, we need to back initiatives that will help the economy, support local jobs and create industry incentives. On this principle, the coalition vows to reinstate the mine under a Dutton-Littleproud government.”Read the full speech in Hansard ↗
Hansard records 2 separate contributions by Jacinta Nampijinpa Price on this bill. They are grouped here so the speaker is listed once.
Second reading speech
Price supports the bill and says it should be passed to reverse the minister's decision blocking the Blayney gold mine. She argues the project was already well advanced, had major local economic benefits, and should not have been stopped after years of approvals and consultation.
“If we don't sort this out now, this issue will raise its head over and over again. This bill must be supported so that we can continue to allow projects that will ensure jobs are available to communities, including Indigenous members of those communities. Minister Plibersek chose to bypass—”Read this contribution in Hansard ↗
Second reading speech
Jacinta Nampijinpa Price supports the Blayney Gold Mine bill and says it should pass because overturning the minister's decision would protect investment and prevent major economic harm. She argues the decision would cost millions each year and damage the broader community.
“If we don't overturn this decision, we lose millions of dollars to the economy every year. We cannot stand aside and let this decision decimate our nation, and that is why this bill must be supported today.”Read this contribution in Hansard ↗
“It gives me great pleasure to rise to speak on this piece of legislation, the Blayney Gold Mine Bill 2024. I know there are several senators who are very, very keen to have their say about what has been an absolute shocker of a decision by the Labor government and indeed the minister responsible—shall I say, irresponsible—Minister Plibersek. Here we have a project that would be delivering jobs in a regional community, a project that the local Indigenous landowners wanted to see developed and a project that the broader community had been waiting for to come to fruition.”Read the full speech in Hansard ↗
2 speakers · 2 oppose
“You come in here and talk about the red tape, the green tape and now, as Senator Hanson mentioned yesterday, the black tape. Guess what? Here's a reality check. We are not going anywhere. We are not going to stop fighting to protect our country. We are not going to stop fighting to protect our identity. It is about time we settled the unfinished business of this nation, and that's what the A way forward report recommends. The recommendations when I sat on the northern Australia committee were very clear: it is time for truth-telling and time to fix the gag clauses of these mining agreements. Just recently we heard about another one, the BMIEA on the Burrup Peninsula, where Woodside want to make sure they can extract gas until 2070, ruin the wonderful rock art of the Murujuga area and make sure that those traditional owners never have a say and are unable to protect their cultural heritage. So we are seeing Juukan Gorge 2.0, and, if this bill gets up today, that's exactly what's going to happen.”Read the full speech in Hansard ↗
“I want to end by remembering that it can actually work right, because the coalition's Minister Ley did listen to traditional owners and protected Wahluu. She did the right thing, and I credit her for it. Both she and Minister Plibersek, for once, listened to these same traditional owners and protected this one little precious patch of my home state and of their traditional country and culture. If we can do it right once, we can do it right again. Far from this ugly attack, it was a little spark of hope, and now the coalition wants to rub it out. What you're doing is disgraceful.”Read the full speech in Hansard ↗
1 speaker · 1 oppose
“This bill, the Blayney Gold Mine Bill 2024, which is the latest attack from the coalition, seeks to override the minister's section 10 decision and prevent any further cultural heritage processes happening on the proposed mine site.”Read the full speech in Hansard ↗
Record
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. opened
A minister or sponsoring member moved the second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further., opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. debate
The bill reached this recorded parliamentary step.
Senate · Second reading debate
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. debate
The bill reached this recorded parliamentary step.
Senate · Second reading negatived
Second readingThe stage where senators debate the main idea of a bill and vote on whether it should go any further. debate
The bill reached this recorded parliamentary step.
