By Tom Zaunmayr
WA’s Aboriginal affairs minister has refused a section 18 application for a proposed iron ore mine at the centre of a spat between its backer and traditional owners.
A proposed iron ore mine at the centre of a spat between its backer and traditional owners has been set back, with Western Australia’s Aboriginal affairs minister refusing permission to destroy Aboriginal heritage.
Equinox Resources’ 343 million tonne Hamersley Iron Ore project on the north-western edge of Karijini National Park has come under fire from the Wintawari Guruma Aboriginal Corporation due to its perceived impact to the famous national park.
The company had hoped to conduct an infill drilling program to better define its project economics and applied for a section 18 to destroy Aboriginal heritage to undertake the program in February.
But Aboriginal Affairs Minister Tony Buti has denied the request after WGAC argued consultation around two sites – a songline, and a waterway created by the Wulkajarramunha Wuntu serpent – had been inadequate.
“These matters are usually dealt with through negotiation between proponents and traditional owners,” Dr Buti said.
“I strongly encourage Equinox to continue to engage with Wintawari Guruma Aboriginal Corporation to find a solution.”
Equinox has argued the heritage surveys that identified the two sites – one was only registered in September – were flawed and lacked independence as it was undertaken by a WGAC subsidiary.
“Equinox is both surprised and disappointed by the minister’s decision to deny consent for our proposed infill drilling program,” Equinox managing director Zac Komur said.
“Our infill drilling program was meticulously designed to respect all cultural heritage considerations by avoiding the newly identified ethnographic sites.
“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 GST.”
Mr Komur said Equinox was pursuing legal avenues and a State Administrative Tribunal review.
WGAC chief operating officer Aaron Rayner said Equinox’s claims this morning reflected its behaviour over the past year.
“Surveys are done with the traditional owners. I mean, that they are the people with the primary knowledge of their cultural heritage,” he said.
“[Equinox has] done nothing but browbeat and hector the corporation over the past twelve months about this work program, and they have done the same to the regulator.
“They have got an agreement with Wintawari … there is a regulatory framework the minister has set. I would expect if the company were to adhere to those things it would find a way through.”
Equinox claimed the ruling around the serpent site could impact Fortescue and Rio Tinto projects as well, as the watercourse runs through project areas of those two companies.
Mr Rayner said that assertion was questionable.
“This decision has got nothing to do with sovereign risk, I think that’s a deflection,” he said.
“Wintawari’s experience with Rio and FMG is that they are far better equipped to engage with traditional owners in a respectful way about cultural heritage.”
The area in question has a native title agreement and drilling has been performed in the area in the recent past.
Previous surveys funded by Equinox have indicated there would be little risk to local fauna or habitat.
WGAC had initially backed the mine, but since late last year has run a public campaign in opposition over concerns of it would ruin a “pristine area” and put more pressure on watercourses and terrestrial features linked to Karijini.
The native title body has argued consenting to the mine would be akin to a 1991 decision to allow Rio Tinto to cut out part of Karijini National Park for its Marandoo mine.
WGAC itself holds several mining leases in the area in a move it argued was to ensure industrial activity on country was done so in a culturally responsible manner.
Equinox shares fell about 30 per cent in morning trade on the news.