The current and former bosses of a group overseeing a World Heritage-nominated Pilbara peninsula have derided an “offensive” government agreement
The current and former bosses of an Indigenous group tasked with protecting a World Heritage-nominated Pilbara peninsula have derided an “offensive” agreement which favours industry.
Murujuga Aboriginal Corporation chief executive Kim Wood told a federal Senate inquiry into protecting the spirit of sea country on Monday the agreement governing land use on Murujuga would be unlikely to pass muster if it were to be implemented today.
MAC consists of five Traditional Owner groups who are responsible for looking after the substantial rock art presence, songlines and cultural heritage of Murujuga, also known as the Burrup Peninsula.
But the corporation is unable to formally oppose any projects proposed on the peninsula due to a clause in the 20-year-old Burrup and Maitland Industrial Estate Agreement which governs the area.
Mr Wood said the agreement was not welcome at the time of creation and remained an imperfect system.
“The no objection clause is particularly offensive and would be unlikely to be embedded in a contractual based document if it was done today,” he said.
“There is no question that none is happy with what is happening to country on the Burrup.
“Whether it’s stockpiles of iron ore that Rio has, it’s the drilling, it’s the ripping of the earth to pipelines in, it’s all wrong, under traditional law none of this is right.”
Mr Wood said the corporation had accepted it could not stop the progress of industry.
While nominated for UNESCO World Heritage listing for its cultural values, Murujuga is also home to some of the state’s largest industry projects run by Woodside, Rio Tinto, Yara Pilbara, and a state government port and industrial services estate.
The construction of the Perdaman Urea Plant and Woodside’s Pluto expansion has significantly increased the visibility of industry on Murujuga this year.
Woodside’s existing Pluto footprint was largely hidden behind a rocky hill and the Perdaman site was untouched bushland on the road into the region’s most popular beach and rock art site.
MAC’s circle of elders had myriad concerns with Perdaman’s project, including removal of petroglyphs and feeling rushed to come to a decision.
The corporation derided inequality in decision-making power when ultimately giving its blessing to the removal of rock art for the plant in 2022.
“There are serious, far broader issues that need to be addressed regarding the equality of negotiation between Aboriginal corporations and proponents, particularly where the state government has publicly committed to changing legislation in favour of development on Murujuga,” former MAC chief executive Peter Jeffries said in a letter obtained by the ABC at the time.
Mr Wood said the group had “expressed strong views” to industry, but that the companies on the Burrup were doing their “level best” to engage with Traditional Owners.
His testimony came on the same day as his predecessor, Mr Jeffries, told attendees at the Developing Northern Australia conference the BMIEA and National Heritage listing had failed Traditional Owners.
“This region has often overlooked the voices and the rights of its original traditional owners and custodians,” he said.
“During this time, agreements like the BMIEA and even the National Heritage listing have focused on matters other than recognising the living, breathing culture that has been so integral to this country.
“Muruga Aboriginal Corporation and the Ngarda Ngarli were not parties to these agreements, resulting in, at best, tokenistic consultation rather than true partnership.”
Mr Jeffries said the pursuing of World Heritage listing was done so Traditional Owners could assert their cultural authority and ensure their voices could “finally be heard”.
“This decision was more than a bid for international recognition, it was a powerful statement of self-determination,” he said.
He said that push had resulted in bipartisan support for change from government and better consultation with industry.
MAC in February put forward a proposed agreement-making framework between all stakeholders to better manage risk and enable free, prior, and informed consent.
That deal would put MAC on equal footing with industry and government stakeholders on decision-making for land use of Murujuga Ngurra (country).
