Fortescue Metals should be prosecuted over Pilbara breach, traditional owners say
Aboriginal traditional owners in the Pilbara are furious with the iron ore giant Fortescue Metals over an alleged breach of heritage protection laws at a sacred site and are demanding that the Western Australian government prosecute the company.
In letters seen by Guardian Australia, Fortescue notified both the Western Australian government and the traditional owners on 5 February, issued an apology and promised to investigate further. The incident, which Fortescue described as the clearing of an area around Weelamurra Creek, took place less than two months after conditions were placed on operations in the area to protect heritage items.
“I have spoken to Wintawari Gurama Aboriginal Corporation (WGAC) Chairman Glen Camille regarding this incident to personally express my regret and sincere apology on behalf of Fortescue,” its chief executive, Elizabeth Gaines, said.
“We have carried out a full investigation into the matter which has shown that this unfortunately occurred as a result of an administrative error and the results of the investigation have been shared with WGAC.
“We have paused all clearing works at this site as we work with WGAC on the matter.”
But the group representing the eastern Guruma traditional owners, the Wintawari Guruma Aboriginal corporation (WGAC) claim FMG has been
“negligent and lazy” and is demanding that the WA Department of Lands and Planning (DPLH) take action against them.
“Our view, which I have no doubt will be shared by many other RNTBCs and Aboriginal people in WA more generally, is that FMG should be prosecuted for their latest blatant breach of the Aboriginal Heritage Act 1972(AH Act). It will not be a good outcome if the DPLH again give them the benefit of the doubt because they have self-reported the offence,” WGAC boss, Glen Camille wrote to the Aboriginal affairs minister, Ben Wyatt on 15 February.
“FMG holds more tenure under the Mining Act 1978than any other company in WA. Its compliance systems and processes should be sophisticated and sufficiently mature to ensure that such negligent, lazy breaches do not occur.
“This latest breach, while disappointing, comes as no surprise. We are used to FMG’s expedient approach to their regulatory approval process resulting in corners being cut and compromised outcomes, that we are forced to live with.”
FMG’s approval to operate in the Weelamurra area was granted in December by Aboriginal affairs minister Ben Wyatt after months of discussions with elders and the WGAC about mitigation measures.
A key condition of ministerial consent was that Fortescue would provide a written invitation for two representatives of the Eastern Guruma people to undertake cultural salvage prior to any disturbance works at Weelamurra Creek, and be present to monitor the ground disturbing works.
The conditions were issued in December amid heightened public scrutiny of “lopsided” mining agreements and the limitations of the WA laws protecting Aboriginal heritage highlighted by the federal parliamentary inquiry into the destruction of Juukan Gorge.
Fortescue wrote to WGAC on 29 January inviting them to undertake cultural salvage in late February, but due to what Gaines described as “human error and not malicious intent”, clearing works took place on 1 February “in contravention of Fortescue’s stated internal policy”.
The WGAG, representing Eastern Guruma traditional owners, have long said they are opposed to any work in the area, but accepted that under current WA heritage laws, they had no power to object.
They have been in negotiations with Fortescue over the future of dozens of rock shelters in the Weelamurra area, one possibly 60,000 years old, as well as stone structures, camping sites and painted and engraved rock art.
The WA Aboriginal affairs minister, Ben Wyatt, said his department was investigating the matter.
“I have been advised by the Department of Planning Lands and Heritage that an alleged breach of the Aboriginal Heritage Act is currently under official investigation,” Wyatt said.
“The matter is being treated very seriously and with utmost priority by the Department. I trust that the investigation will be managed expeditiously and concluded swiftly.”
The revelations come just days after BHP announced a Banjima registered site on its mining area C, had been subject to a “rockfall”.
BHP had promised not to disturb any sites in the area without “further deep consultation” with the Banjima traditional owners.
The site, a culturally significant rock shelter, was reportedly damaged by a rockfall in late January. It is one of several Banjima sites located in and around BHP’s mining area C near its $4.5bn South Flank iron ore mining operation.
BHP said the heritage site was not part of its current mining operations and the cause of the rockfall was not known. The site was first recorded in 2005.
BHP and the Banjima have launched a join investigation into the incident.