The Guardian Australia

Fortescue Metals should be prosecuted over Pilbara breach, traditiona­l owners say

- Lorena Allam

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.

 ?? Photograph: Matt Jelonek/Getty Images ?? Aboriginal traditiona­l owners claim Fortescue Metals breached an agreement over the clearing of a site less than two months after conditions were placed on operations in the area to protect heritage items.
Photograph: Matt Jelonek/Getty Images Aboriginal traditiona­l owners claim Fortescue Metals breached an agreement over the clearing of a site less than two months after conditions were placed on operations in the area to protect heritage items.
 ??  ?? An aerial view of the area which has been damaged at Weelamurra creek. Wintawari Guruma Aboriginal corporatio­n is calling for the state government to prosecute Fortescue Metals after it cleared the land in breach of conditions.
An aerial view of the area which has been damaged at Weelamurra creek. Wintawari Guruma Aboriginal corporatio­n is calling for the state government to prosecute Fortescue Metals after it cleared the land in breach of conditions.

Newspapers in English

Newspapers from Australia