Custodian ‘sick of waiting’ on heritage decision
Keira Jenkins |
A Traditional Owner who launched a legal bid to compel the government to consider a cultural heritage application to protect ancient rock art on her Country says she’s thrilled to finally have the matter heard in court.
Mardathoonera woman Raelene Cooper submitted an application under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act in February 2022, in a bid to protect her Country in Western Australia’s Pilbara region.
The area, known as the Burrup Peninsula, or Murujuga, contains some of the world’s oldest and largest petroglyphs.
Ms Cooper has long opposed Woodside’s North West Shelf extension and other industrial developments in the area, fearing for the future of this unique collection of rock art.
In May, Ms Cooper launched action in the Federal Court to compel Environment Minister Murray Watt to consider her section 10 application.
The action came a week before Mr Watt granted interim approval of the North West Shelf extension until 2070, which was met with opposition from environmental groups and Traditional Owners.
Outside the Federal Court in Sydney on Wednesday, Ms Cooper said it had been a “good day” and she was thrilled to have the matter heard.
“It’s a huge weight off our shoulders,” she told reporters.
During the hearing, lawyers for Ms Cooper told the Federal Court there has still not been a decision made on Ms Cooper’s section 10 application, more than three years after it was first lodged.
“It is plain, almost beyond argument that three-and-a-half years grossly exceeds a reasonable time for the making of that decision,” barrister Edward Muston said.
Lawyers for the government argued the department was doing its best with a significant volume of work and limited staff to deal with section 10 applications, of which it had seen an influx while Ms Cooper’s application was being considered.
Mr Muston said a report prepared for then-federal environment minister Tanya Plibersek was met with a period of “outwardly facing inactivity”.
While the report found there was no conclusive evidence that industrial emissions were harming the ancient petroglyphs at Murujuga, it did make a number of recommendations to protect Indigenous heritage in the area.
One of the recommendations was fertiliser developer Perdaman should drop plans for a causeway across the site of its urea plant in the area.
Mr Muston said while the environment minister had this report, Western Australia’s government had given the green light for this causeway and construction was underway.
Ms Cooper said even as the case is being heard, development continues on the Burrup Peninsula, and as processes drag, she fears for her Country.
“I am sick of waiting for the government to do its job,” she said.
“I commenced these proceedings to require the minister to do his ministerial duty and make a decision.
“If the minister waits any longer, there will be nothing left to protect.”
Justice Angus Stewart reserved his decision on the matter.
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