Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I move:

That the Senate take note of the answer given by the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) to a question without notice asked by Senator Siewert today relating to Yindjibarndi sites in Western Australia and a Firetail mine development.

The minister informed the chamber that on 18 November the minister for the environment received a section 9 emergency heritage protection application from the Yindjibarndi Aboriginal Corporation because they are very concerned about the damage to sites within the Solomon Firetail mines by Fortescue Metal Group. Mr Michael Woodley, the CEO of the Yindjibarndi Aboriginal Corporation, or YAC, is extremely concerned about the damage to the heritage system, and he has expressed on numerous occasions his concern that, in fact, the state heritage system is in crisis. He is concerned that the heritage system and the Department of Indigenous Affairs in WA are incapable of ensuring that these important sites are protected. This is particularly because, as people may have heard in the question I asked and some of the information that I provided, earlier this year the Yindjibarndi people were notified of a discovery of skeletal remains in FMG's Firetail mining priority area. Elders who have visited this site have confirmed that there are in fact bones stowed high up in a walled niche sealed with three stones and that these are human remains. They subsequently conducted a ceremony of purification and conciliation with the spirits of their ancestors. But since that date there have been at least two more discoveries of skeletal remains in the mining area, on 3 October and 24 October. Partial surveys in the area of the Solomon Hub have recorded 215 sites already. Seventy-eight of these are rock shelters. They believe the total number is likely to be much higher. One in five rock shelters featured walled niches containing ancient burials or possible ritual artefacts associated with law. They believe there is a lot more there.

This is a fairly remote area in the Pilbara. It is unallocated crown land and is recognised by archaeologists as what they call a greenfield site, meaning that as they understand it there has been no previous archaeological investigation. The Yindjibarndi believe this is an important area and they are extremely concerned that mining is starting there. There has been a lot of pressure put on the Yindjibarndi people to agree to mining in this particular area. They have strong concerns about the future of the area and that is why they have put in a section 16 emergency heritage protection application. Their fears have been heightened because, as I mentioned earlier, they recently received a letter from a principal archaeologist, who apparently did work for FMG, that raises concerns about the veracity of a 2011 archaeological report. This is another reason why they are making this heritage protection application.

It makes you wonder about how effective the system is if it has to come to this point where they are having to seek emergency heritage protection for what look like very important sites. How effective are the Western Australian heritage system and our national heritage system if mining can take place and actually disturb sites? It yet again throws up the question of the effectiveness of our heritage system in this country if at the federal and state levels these systems are failing.

It also highlights yet again the failures in the native title system. We know that we have a split between some of the traditional owners in the area. I think that highlights yet again the failures of our native title system. These licences were granted by the National Native Title Tribunal with the assurance that any sites of significance associated with the religious practice of the Yindjibarndi people would be protected by the Aboriginal Heritage Act. It appears that that condition is not being met, which is why this group has made this emergency application. I urge the minister to deal with this issue as a matter of urgency. (Time expired)

Question agreed to.