In LFB Resources NL v Minister for the Environment and Water (No 3) [2026] FCA 1504, the Federal Court held that the Commonwealth heritage declaration over part of the Belubula River, its headwaters and springs at Kings Plains is invalid. The declaration had blocked the McPhillamys Gold Project, even though the project already had State and EPBC Act approval. The Court found that a Dreaming story first raised 19 months after the statutory reporter’s report was, in substance, a new application. That meant the reporter process, including public notice, had to start again before the Minister could make a declaration.

The Court also expressed the view, that a s 10 declaration must expressly state how long it lasts. We explain the decision and what it means for proponents, Aboriginal applicants and decision-makers.