Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Notice of an application for the protection of a specified area, being a portion of the Hamersley Range Region, Western Australia
Invitation to make representations
I, Damien Barnes, hereby give notice as follows:
The Minister for the Environment and Water (minister), 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 protection of a significant Aboriginal area, being a portion of the Hamersley Range, near Tom Price in Western Australia, more particularly described in Figure 1. The minister has appointed me to provide a report to the minister under paragraph 10(1)(c) of the Act.
The Applicant
The application is jointly made by the Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and Yindjibarndi Aboriginal Corporation (YAC) (applicant).
Matters the report is required to deal with
The minister must consider my report pursuant to section 10 of the Act before deciding whether to make a declaration under section 10 of the Act. Under subsection 10(4) of the Act, the report must deal with the following:
- the particular significance of the area to Aboriginals;
- the nature and extent of the threat of injury to, or desecration of, the area;
- the extent of the area that should be protected;
- the prohibitions and restrictions to be made with respect to the area;
- the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the Aboriginal or Aboriginals who made the application, or on whose behalf the application is made;
- the duration of any declaration;
- 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
- such other matters (if any) as prescribed.
The purpose of the application
The application seeks the preservation or protection of the area specified in the application (the specified area). This area is depicted in Figure 1.
The specified area
Figure 1 depicts the area for which preservation and protection is sought. The specified area is described as the 2017 Yindjibarndi Exclusive Native Title Regions in the Hamersley Range Region of Western Australia as set out below in Figure 1.
Figure 1 Map showing the Specified Area
Claims in relation to ‘significant Aboriginal area’
The applicant claims the specified area is of particular significance to Aboriginals in accordance with Aboriginal tradition for the following reasons:
- Each of the 13 Ngurra (traditional areas of Yindjibarndi Country) has its own sacred resources, which in accordance with Traditional Law, may be used only by the human beings whose spirits emanate from the Ngurra.
- The movements, authority, and responsibilities of Mirduwarra (the boss for the specific Ngurra).
- The presence and responsibilities associated with Thalu (increase sites) and other sites connected to Men’s Business.
- The presence and use of Yarna (ochre quarry) sites.
- The presence of numerous Yamararra (caves/rock shelters).
Claimed threat of injury or desecration
The applicant claims the specified area is under threat from the ongoing mining practices of Fortescue Metals Group Ltd and associated subsidiaries (FMG) (proponent). The application claims that FMG have never settled an Indigenous Land Use Agreement (ILUA) with the Yindjibarndi people, have never created a Heritage Agreement with YNAC, nor established a Cultural Heritage Management Plan (CHMP) or an Environmental Impact Plan. The application states that the proponent has major plans to expand the mine further into ‘exclusive’ native title areas without the consent of the Yindjibarndi people.
Invitation to make representations
Interested parties are invited to furnish representations in connection with my report to:
Damien Barnes
Managing Director, YIMBA Pty Ltd
Level 57, 25 Martin Place
Sydney, NSW, 2000
0484 181 678
contact@yimba.com.au
Interested parties are urged to contact me as soon as possible to be provided with further information about the reporting process.
Representations must be made in writing by 5:00 pm AWST by 25 August 2026 or within such further period as may be allowed. Do not send your representations directly to the minister. First Nations people without representatives may provide an oral representation.
Representations made by, or on behalf of, more than one person should be signed by each of those persons.
Representations may subsequently be provided to the applicant and other interested parties for their review and comment in order to meet procedural fairness requirements.
Claiming confidentiality
If you wish to claim confidentiality over any part of your representation you should contact me for further information.
Privacy
Your personal information is protected by law, including the Privacy Act 1988 (Cth).
Please read this notice carefully before submitting a representation about the application.
Collection and use of your personal information
Your representation may contain your personal information. By submitting a representation, you consent to your personal information being collected by me for the purpose of:
- Contacting you about your representation, including for verification or clarification purposes;
- Preparing my report and briefing the minister;
- The minister making a decision in relation to the application,
and for related purposes. You also consent to your personal information being collected by the Department of Climate Change, Energy, the Environment and Water for these same purposes.
Disclosure of your personal information
I may need to disclose your personal information to the department and the minister for the purposes listed above. I may also need to disclose your personal information to:
- Third parties that may be affected by the minister’s decision, where necessary to meet procedural fairness requirements;
- Commonwealth, State or Territory entities and/or persons or organisations, where necessary to prepare my report and/or for the minister to make a decision about the application.
Your personal information will not be disclosed to overseas recipients unless necessary for the above purposes.
Anonymous representations
You can make an anonymous representation or use a pseudonym. However, this may mean I cannot verify information provided in your representation and/or take your representation into account.
Representations containing other people’s personal information
If your representation contains the personal information of another person, you must ensure they have agreed to their personal information being collected, used and disclosed in accordance with this privacy notice. This includes giving them a copy of this public notice and the privacy notice.
Privacy Policy
The department's Privacy Policy is available at https://www.dcceew.gov.au/about/commitment/privacy