Correction to Gazette Notice – Notice of an application for the protection of significant traditional areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia

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Legislation au C2018G01002 In force Gazette

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CORRECTION TO GAZETTE NOTICE –

Notice of an application for the protection of significant traditional areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia.

This notice corrects information in Gazette - C2018G00981 published on 10 December 2018. The original notice, in setting out the matters the report under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) is required to deal with, did not name the correct state law applicable in paragraph (g). The correct state law is included in the notice below. This notice also extends the period for submission of representations from 18 January 2019 until 25 January 2019.

A complete copy of the notice, as amended, is produced below:

 

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

Notice of an application for the protection of significant traditional areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia.

Invitation to make representations

I, Susan Phillips, hereby give notice as follows:

The Minister for the Environment, responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act), has received an application made under section 10 of the Act. The application is seeking long term preservation and protection of significant Aboriginal areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia, and appointed me to provide a report to her under section 10(1)(c) of the Act.

The Applicants

The application is made by Mr Wayne Nannup, Chief Executive Officer, South West Aboriginal Land and Sea Council, on behalf of the Whadjuk traditional custodians, who form part of the Noongar nation of people in the South West of Australia.

The purpose of the application

The application seeks the preservation or protection of the area specified in the application, shown at Figure 1 below, from injury or desecration. Section 10 of the Act enables the Minister to decide whether to make a declaration to preserve and protect the specified area, if the Minister is satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration. In the Act, the term ‘significant Aboriginal area’ refers to an area that is of particular significance to Aboriginal people in accordance with Aboriginal tradition. Section 3 of the Act provides definitions of ‘significant Aboriginal area’ and other relevant terms including ‘Aboriginal tradition’ and ‘injured or desecrated’. The area specified for protection, the claimed significance of the area, and the claimed nature of the threat of injury or desecration are set out below.

Matters the report is required to deal with

The Minister will consider my report under section 10 of the Act in relation to the area specified for protection before deciding whether to make a declaration. Under section 10(4) of the Act, the report is required to deal with the following matters:

(a)           the particular significance of the area to Aboriginal people;

(b)           the nature and extent of the threat of injury to, or desecration of the area;

(c)            the extent of the area that should be protected;

(d)           the prohibitions and restrictions to be made with respect to the area;

(e)           the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the applicants on whose behalf the application is made;

(f)             the duration of any declaration;

(g)            the extent to which the area is or may be protected by or under a law of a State or Territory, and the effectiveness of any remedies available under any such law; and

(h)           such other matters (if any) as are prescribed.

 

The area sought to be protected (the 'specified area')

The Applicant specifies two areas for which protection is sought as traditional areas located within and near the proposed Perth Aiport New Runway Project, Perth, Western Australia. These include:

  • Munday Swamp (Department of Aboriginal Affairs Heritage Registered Site ID 3719)
  • Munday Swamp Poison Gully (Department of Aboriginal Affairs Heritage Registered Site ID 3888)

Figure 1: Map showing the specified area near Perth Airport, Perth, Western Australia.

Claimed nature of particular significance

The application indicates that the particular significance of the specified area arises from Whadjuk people’s obligations under Noongar Lore as follows (summarised version of the Applicant’s claims):
 

  • The Whadjuk people are the traditional owners of, and have cultural responsibilities and rights in relation to the specified area which includes Munday Swamp and Poison Gully.
  • Munday Swamp and Poison Gully are linked to a web of Aboriginal heritage sites in the area. The sites are of particular spiritual and cultural significance to the Whadjuk people in accordance with their traditions, observances, customs and beliefs, and those traditions are continuous and practiced today.
  • The specified area is one of the last remaining places of extreme cultural and historical significance in the Perth metropolitan area.
  • Munday Swamp and Poison Gully are central to Whadjuk people’s connection to the dreamtime stories and Whadjuk Lore and spiritual and physical occupation.
  • Munday Swamp and Poison Gully are linked to the Rainbow Serpent who replenishes the area with rain water;
  • The specified area contains significant artefact scatters;
  • Elders and Whadjuk people visit the specified area for healing, to hunt seasonally for turtles, for resource gathering, ceremony and teaching children.
  • The specified area is the site of many cultural practices including corroboree, funeral rites and religious rituals with spirit communication.

 

Claimed threat of injury or desecration

The Application states that the specified area would be injured or desecrated by the proposed Perth Airport New Runway Project, which includes the construction of a new runway, runway end safety area, associated taxiways, drainage infrastructure and aviation equipment such as the High Intensity Approach Lighting. The Application asserts that the new runway will be constructed in part on, or adjacent to, the Specified Areas.

Invitation to make representations

Interested persons are invited to make representations on this matter to:

Susan Phillips
Barrister
13th Floor, St James Hall
169 Phillip Street
SYDNEY NSW 2000

Ph: 02 9335 3063
Fax: 02 9237 0895
Email: phillips@stjames.net.au

Representations must be made in writing by close of business 25 January 2019 or within such further period as may be allowed. You should not send your representations directly to the Minister.

If you wish to claim confidentiality over any part of your representation, please identify why you are claiming confidentiality and how you want confidentiality to apply. All representations, whether or not they are provided in confidence, will be provided to the Minister for the Environment and the Department of the Environment and Energy, along with the section 10 report. Representations, even those subject to confidentiality, may be disclosed where it is authorised or required by law, to meet procedural fairness requirements, and in response to a request by a House or Committee of the Parliament of the Commonwealth.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted by the Commonwealth Parliament to protect and preserve areas of cultural and spiritual significance to Aboriginal and Torres Strait Islander peoples. The Act provides a framework for the protection of significant Aboriginal areas that may be threatened by proposed developments, ensuring that the cultural heritage of these communities is safeguarded. In the context of the Perth Airport New Runway Project, the Act plays a crucial role in addressing potential threats to significant traditional areas by providing a mechanism for the Minister for the Environment to consider applications for the protection of such areas. The policy objective of the Act is to balance the need for development with the preservation of cultural heritage, ensuring that Aboriginal and Torres Strait Islander peoples' rights and traditions are respected and protected.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to significant Aboriginal areas that are under threat of injury or desecration, with the application process governed by section 10 of the Act. This application process involves the Minister for the Environment receiving an application from an applicant, such as Mr Wayne Nannup on behalf of the Whadjuk traditional custodians, who seek the long-term preservation and protection of a specified area. The Act extends its application to Commonwealth jurisdiction, specifically targeting projects within the proposed development footprint of the Perth Airport New Runway Project in Perth, Western Australia. The Act mandates the Minister to provide a report considering various factors, including the significance of the area, the nature of the threat, and the potential effects on proprietary or pecuniary interests of non-applicants. The Act also requires the report to examine the extent to which the area may be protected under state or territory law, and the effectiveness of any available remedies. The notice corrects previous gazette information, extending the submission period for representations and providing accurate state law details. Interested persons can submit written representations by 25 January 2019, with the option to claim confidentiality over certain parts of their submissions.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act) governs the application for the protection of significant traditional areas, as demonstrated in the corrected Gazette notice (C2018G01002) regarding the Perth Airport New Runway Project. Under section 10 of the Act, the Minister for the Environment received an application for the preservation and protection of two specified areas, Munday Swamp and Poison Gully, within the proposed development footprint of the Perth Airport New Runway Project in Perth, Western Australia. The application, made by Mr Wayne Nannup on behalf of the Whadjuk traditional custodians, aims to prevent injury or desecration of these areas which hold particular cultural and spiritual significance to the Whadjuk people. The Act mandates that the Minister consider a report detailing the significance of the area, the nature of the threat, the extent of the area to be protected, and other relevant factors before deciding whether to declare the area as protected. The Act imposes several obligations on the parties involved. Under section 10(1)(c), the Minister must appoint a person to provide a report to her regarding the application. This report must include details such as the significance of the area, the nature and extent of the threat, the area to be protected, and the effects of a declaration on other proprietary or pecuniary interests. The Minister must consider this report and any representations made by interested persons before deciding whether to make a declaration to preserve and protect the area. Additionally, the Act requires that the Minister ensure the area is not already protected under state or territory law and assess the effectiveness of any existing remedies. Failure to comply with the provisions of the Act may result in various consequences. While the Act does not specify criminal penalties, breaches of its provisions could potentially lead to civil actions for damages or injunctions to prevent further injury or desecration of the protected area. The Act also allows for the possibility of disclosing representations to the Minister, the Department of the Environment and Energy, and possibly to Parliament, where required by law or to meet procedural fairness requirements. The consequences for non-compliance would depend on the specific nature of the breach and the resulting legal actions taken by the affected parties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.