After more than three years waiting for a government decision on the protection of Murujuga, home to the world's largest collection of rock art, a traditional custodian will now have her day in court.
In February 2022, Mardathoonera woman Raelene Cooper submitted an application under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act (ATSIHPA) to then-Environment Minister Tanya Plibersek.
Under the ATSIHPA legislation, the Minister is empowered to make any declaration they deem appropriate to protect cultural heritage.
Lawyers for Ms Cooper, a former Chair of the Murujuga Aboriginal Corporation, wrote to the Environment Minister on April 16 this year to demand a resolution of her Section 10 application before a final decision is made about the North West Shelf extension, the country's largest fossil fuel project.
That request was renewed following Murray Watt's appointment as Environment Minister in May.
Last week, Senator Watt gave a conditional approval to an extension of Woodside’s North West Shelf to 2070, including the Karratha Gas Plant, which is adjacent to Murujuga.
Ms Cooper said she was "sickened" by the decision.
“The Minster does not even have the respect to come and see for himself what he will be allowing Woodside to destroy," she said.
"At least the whole of Australia now knows about the dirty deals that have been allowed to take place in Western Australia for many years, the worst of which is the North West Shelf extension.”
Court sets date to force minister's decision
Murujuga is a sacred and unique collection of more than a million petroglyphs - a type of rock art carved into the patina - some of which are tens of thousands of years old, depicting extinct animals native to the Burrup peninsula of Western Australia.
On Friday, the Federal Court ordered that Ms Cooper's case be heard in the week of July 14, to compel Senator Watt to make a determination of her Murujuga Section 10 cultural heritage assessment.
The court noted that the Minister had agreed to give Ms Cooper three business days’ notice prior to making any final approval decision for the North West Shelf.
That affords Ms Cooper an opportunity to consider filing an injunction to prevent the Minister from making a final decision to approve the North West Shelf extension before determining her Section 10 application.
Ms Cooper said she began legal proceedings to require Minister Watt to do his Ministerial duty and make a decision.
"For their entire first term, Labor ignored my application while the devastation to my cultural heritage has continued on Murujuga," she said.
"If the Minister waits any longer, there will be nothing left to protect.
“If the Minister approves the North West Shelf extension before addressing my application, he will be locking in the very threat that I have sought to prevent.
“I am furious that the Minister would make a decision to lock in ongoing and irreversible damage to my country before addressing my application."
The Ngarluma and Yindjibarndi Foundation (NYFL), the Traditional Owner representative body for the Ngurra (Country) on which the North West Shelf Project operates, released a statement on the day Senator Watt approved the North West Shelf extension saying they had not received a copy of the Minister’s approval nor the conditions attached to it.
"Without this information, we cannot comment on whether the conditions are fit for purpose, nor whether they sufficiently protect Ngurra, heritage, and the environment – all of which are interconnected and sacred to our people," the statement said.
NYFL said that they, like other Traditional Owner organisations, do not have the right of consent over developments that affect Ngurra (Country), waters, and sacred places.
"This is despite the clear international standard set by the United Nations Declaration on the Rights of Indigenous Peoples, which affirms the right to Free, Prior and Informed Consent," they said.
"We join others in calling for structural and policy reform to embed Traditional Owner decision-making into project approvals that impact Country.
"Our vision is one in which Aboriginal people are not merely consulted, but are respected as decision-makers for their own lands and waters."
The decision to approve Woodside's extension has also come under fire from environmental groups and puts at risk the World Heritage nomination of Murujuga.
Last week, the United Nations World Heritage Committee sent Australia's draft nomination back to "prevent any further industrial development adjacent to and within the Murujuga Cultural Landscape".
Murujuga Aboriginal Corporation chair Peter Hicks said they were very proud of the World Heritage nomination.
“The evaluation report provides the pathway to finalising World Heritage Listing and, while the referral adds another small step to our journey, it is a positive outcome and not a rejection," he said.
“While it is disappointing, we are determined to finish our journey and see the Murujuga Cultural Landscape included on the World Heritage List as soon as possible."
During a Senate inquiry in August last year into the Protecting the Spirit of Sea Country Bill, proposed by Senator Dorinda Cox, she read onto the record a 'gag' clause that prevents the Murujuga Aboriginal Corporation from criticising development on the Burrup.
