Article by James Dowling and Paige Taylor, courtesy of The Australian
The Coalition has promised to overhaul federal heritage laws should it return to power, as new analysis shows the Indigenous group that sank the Blayney gold mine has become one of the most successful and litigious applicants under the current system.
On Tuesday, opposition environment spokesman Jonno Duniam pledged to complete long delayed reforms to the Aboriginal and Torres Strait Islander Heritage Protection Act to ensure a “small group” of Indigenous Australians could not hold public sites to “ransom” under land-rights bids.
The Australian revealed the Wiradyuri Traditional Owners Central West Aboriginal Corporation had helped facilitate a secret state heritage application to declare the peak of Mount Panorama, home of Australia’s most famous car race, as a sacred site, after the ashes of its former director Brian Grant were scattered there.
The application is the latest in a string of attempts to secure protections for the Bathurst site as the group was repeatedly emboldened by approvals from successive environment ministers.
In May 2021, then-environment minister Sussan Ley approved a heritage application to prevent the Mount Panorama-Wahluu go-kart track, marking the Wiradyuri group’s first win under the act. The successful application helped secure mainstream credibility for the group, which it has relied on since in dealings with local, state and federal authorities.
The Australian can reveal the Wiradyuri group made two more applications to carve out more protected land on Mount Panorama-Wahluu, according to a timeline of federal heritage applications released by the Department of Climate Change, Environment, Energy and Water under Freedom of Information laws. One of these applications was withdrawn while the other was rejected in May 2022.
Six months later the group held a smoking ceremony on the peak of the mountain after the death of elder Brian Grant, and used his scattered ashes as grounds for a state heritage application. The group claimed Grant’s ashes made the site culturally significant. The ashes were scattered after the site had been deemed not notable enough to protect.
The Wiradyuri group made two bids to block the Blayney mine site using federal law: in October 2020 and November 2023.
The second attempt was knocked back by Environment Minister Tanya Plibersek within the month. She approved the earlier bid eight months later, carving out the site of Regis’s proposed tailings dam as a protected area. The only remaining tailings dam option was on land not owned by Regis and had already been deemed the most environmentally damaging of all possibilities.
The departmental timeline of ATSIHPA claims shows the Wiradyuri group has used these heritage laws more frequently and more successfully than the vast majority of applicants, having submitted seven different federal applications of which three were successful.
The Wiradyuri group has established itself as a cultural authority in the region despite the existence of two local Aboriginal land councils with statutory authority for their respective areas under NSW law.
The Orange Local Aboriginal Land Council said there was no reason to stop the Blayney mine and the Bathurst Local Aboriginal land council had no problem with the go-kart track but both were scuppered on the strength of testimony from the dissident Wiradyuri group. Only two groups nationwide have submitted more applications than the Wiradyuri group, though neither has had any success to date in their dealings with federal authorities.
The Djab Wurrung Traditional Owners of central Victoria have made 12 heritage applications mainly to prevent new road developments. Six were lodged on June 17, 2018 and all but one has been declined, with the last application outstanding.
The Dunmore sand mine in southeast NSW was the subject of eight applications: five are pending and three were denied.
The only applicants to have the same number of successful applications as the Wiradyuri group are the Gumbaynggirr people who secured three successive declarations over a sacred site in Bellwood, in the Nambucca Valley in NSW.
The timeline covers applications under sections 9, 10 and 12 of ATSIHPA from 2012 to now. The Wiradyuri group remain the only applicants to have secured protection for two distinct regions.
Senator Duniam said future heritage laws needed to balance national interest with cultural protection.
“A Coalition government will get the balance right,” Senator Duniam said. “It is not okay that a small group of people can hold to ransom the futures of communities on claims that aren’t informed by Aboriginal Land Councils who are the legislated cultural authority of regions.
“Environment Minister Tanya Plibersek’s reckless section 10 declaration on the Blayney gold mine has created a dangerous precedent. The minister promised new cultural heritage laws but has not delivered a skerrick of new reform. It is another Labor mess that the Coalition will have to clean up.
“We can protect our Indigenous cultural heritage and grow our economy. Labor haven’t done this, and neither will they be able to get the balance right in any rewrite.”
In 2021, Ms Ley announced the government would collaborate with the First Nations Heritage Protection Alliance to redesign heritage laws after the destruction of Juukan Gorge. Reform has been promised since.
Ms Plibersek argued that the Coalition had had ample opportunity to reform ATSIHPA when last in government and held off.
“The Liberals and Nationals had nine years to reform cultural heritage laws, they never did,” Ms Plibersek said.
“Our plan is clear – we’re updating the laws so that they better protect First Nations heritage, while giving businesses, farmers, and others more certainty. We can do both.
“In 2020 the Coalition was presented with detailed reports on reform from a Liberal Party led committee, will they implement those recommendations? What is their plan?”
Independent MP Andrew Gee – whose electorate of Calare includes the Blayney mine site and Mount Panorama-Wahluu — said he would push for clear heritage reforms if he held the balance of power after the election. “I’m opposed to the registration of Mount Panorama as a state heritage site, and I’m also opposed to any restrictions to accessing the top of the mountain — or any other part of it,” said the former Nationals MP.
“The current laws are not fit for purpose. In order for the public to have confidence in government decisions, there needs to be rigour and transparency in the decision-making process which has clearly been lacking, and it can’t be allowed to drag on for years.
“If I am re-elected and any of the major parties want to talk about support, you can be sure that reform of these heritage laws will be well and truly on the list.”
The Nationals’ Calare candidate, Sam Farraway, said he would seek to keep the Bathurst site in public hands.
“The ATSIHP Act is being used and abused by local activist groups,” he said. “Mount Panorama is an iconic landmark that is for everyone to use. It brings economic prosperity to our region and brings our community together. I will not stand by to see a group of activists restrict its use.”
The Wiradyuri group was contacted for comment.
