The ABC has taken legal action against the Indigenous land council that softened its stance against a $1 billion gold mine in western NSW.

The Orange Local Aboriginal Land Council's submission last January to the Independent Planning Commission stated its position on Regis Resources' $1b McPhillamys gold project near Blayney was now neutral, after discovering misgivings about a 2019 cultural impact report by local historian and former OLALC employee Lisa Paton.

A rare federal order on Aboriginal heritage grounds halted the project, despite prior state and federal approval, after dissident group the Wiradjuri Traditional Owners Central West Aboriginal Corporation – which Ms Paton joined prior to OLALC's pivot – convinced federal environment minister Tanya Plibersek a tailings dam for the mine at the headwaters of the Belubula River would destroy Indigenous heritage.

The national broadcaster's application lodged with the NSW Civil and Administrative Tribunal against OLALC – the representative body for Wiradyuri people under NSW law – stemmed from its desire to access what the Council said was confidential 'traditional knowledge' that neutralised its position on the gold mine.

Wiradjuri leader Roy Ah-See said OLALC had provided evidence to the IPC from Elders, who said the cultural heritage claims over parts of the Belubula River from WTOCWAC were unfounded, information the ABC will now fight for at a tribunal hearing on Monday.

"This isn't just a waste of taxpayers' money by the ABC; it's wasted money for the council too," Mr Ah-See told The Australian on Thursday night.

"[OLALC] are a not-for-profit charity and now they've got to brief a barrister to defend them."

Last April, OLALC responded to ABC questions on why it no longer opposed the mine with a three-page response, and answers to nine other specific questions from the national broadcaster, which reported only three lines of the response, and, the Council said, failed to include the flaws uncovered in Ms Paton's first report.

The NSW Information and Privacy Commissioner recommended OLALC reconsider its decision to not disclose the confidential Traditional Knowledge, prompting the ABC's legal action via the NCAT.

OLALC stated in The Australian on Thursday: "[We] maintain that other Aboriginal organisations (referring to the Wiradjuri Traditional Owners Central West Aboriginal Corporation) and individual views and opinions should be respected."

"They are entitled to their opinion. But if they are put forward it must be accepted that they may be tested.

"Any claims intangible or not should be evidence based.

"If this is not done, Aboriginal culture and heritage will continue to be used by bogus surveyors and other groups for their own agendas."