A leading Indigenous human rights expert says the decision to deny an application to drill next to a national park was the right one, but WA legislation is still inconsistent with United Nations law.
This week, Perth-based Equinox Resources said they will pursue all legal avenues after Aboriginal Affairs Minister Tony Buti denied an application to begin infill drilling at its Hamersley Iron Ore project.
Equinox said they were both “surprised and disappointed by the minister’s decision” in a statement to the Australian Stock Exchange, after Mr Buti declined to give his consent to a Section 18 request.
Section 18 of the Aboriginal Heritage Act 1972 requires landowners to seek the consent of the Aboriginal Affairs Minister when there is the likelihood an Aboriginal site will be harmed by the intended land use.
The mine sits next to the world renowned Karijini National Park.
Kurin Minang human rights expert and law academic Dr Hannah McGlade wrote on social media that the decision was welcome, arguing Equinox had attempted to “mine near Karijini without the agreement and consent of tradition owners, Wintawari Guruma”.
“Businesses need to respect Indigenous peoples’ right to withhold consent to mining on their lands,” Dr McGlade said.
She argued there is still “too little regulation of business and human rights in Australia,” which is resulting in “serious rights violations of Indigenous peoples—even outside of Australia”.
“The WA Aboriginal Heritage Act still gives the Minister the right to make the final decision over Indigenous lands and heritage which is inconsistent with UN law,” Dr McGlade said.
Wintawari Guruma Aboriginal Corporation (WGAC), who manage the land, have long argued the mine will cause damage to ground and surface water connected to Hamersley Gorge.
WGAC chief operating officer Aaron Rayner said whilst the decision was unusual, it was welcome.
“This is about the minister defending consultation standards, and what his minimum expectations are for proponents operating on Traditional Lands,” he said.
While WGAC said they hoped Equinox would productively engage, Mr Rayner said the mining company’s continuing legal efforts meant there was “little prospect” it would do so.
“The Equinox approach has been to engage a litany of expensive lawyers to browbeat and hector the Traditional Owners,” he said
“Over the past 12 months, they haven’t attempted to engage in consultation at all, and I think the minister’s decision reflects that.”:
He told ABC: “It was clear to everybody involved in this application that they [Equinox] hadn’t adhered to those Section 18 standards. So, to some extent, we weren’t surprised that the minister had chosen to decline,” he said.
The Equinox share price plunged more than 35 per cent on Monday, with managing director Zac Komur labelling the decision “legally flawed, unreasonable, and procedurally unfair”.
He told The Australian the ruling set a dangerous precedent, arguing it appeared to be based on two newly identified Aboriginal ethnographic sites not previously mentioned in surveys involving WGAC.
He added that Equinox was “actively seeking clarification” on the new evidence.
“Our case, along with others in Australia, raise concerns about sovereign risk to our nation, potentially impacting future mining activities that contribute substantially to our GDP,” Mr Komur said.