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

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2026G00478 In force Gazette

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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:

  1.           the particular significance of the area to Aboriginals;
  2.           the nature and extent of the threat of injury to, or desecration of, the area;
  1.           the extent of the area that should be protected;
  2.           the prohibitions and restrictions to be made with respect to the area;
  3.           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;
  4.             the duration of any declaration;
  5.           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
  6.           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

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for protecting significant Aboriginal and Torres Strait Islander heritage sites from damage or desecration. The Act was introduced by the Parliament of Australia to safeguard areas of cultural importance to Indigenous peoples, ensuring that their heritage is preserved for future generations. The policy objective of the Act is to provide a mechanism for the protection of specified areas of land that hold significant cultural value to Aboriginal and Torres Strait Islander communities, and to balance these protections with other interests such as economic development. The Act empowers the Minister for the Environment and Water to consider applications for the protection of such areas, taking into account the significance of the area to the Indigenous community, the potential threats to the area, and the implications for other stakeholders. The Act allows for the public to be informed of applications for the protection of significant heritage sites and to provide representations on the application. The process involves inviting interested parties to make written submissions by a specified deadline, which are then considered as part of the decision-making process. The Act also outlines the procedure for handling personal information provided during the process, ensuring that privacy is respected while enabling the collection of necessary information for the assessment of the application.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to areas of cultural significance to Aboriginal and Torres Strait Islander peoples, with a specific focus on protecting these areas from injury or desecration. The Act provides a mechanism for the Minister for the Environment and Water to declare certain areas as protected, following an application by Aboriginal or Torres Strait Islander groups or corporations. This application process is exemplified in the case concerning a portion of the Hamersley Range Region in Western Australia, jointly submitted by the Yindjibarndi Ngurra Aboriginal Corporation and the Yindjibarndi Aboriginal Corporation. The Act's jurisdictional reach is federal, meaning it applies across Australia, with the power to override state and territory laws where necessary to ensure the protection of culturally significant areas. The Act does not explicitly state exclusions or thresholds, but the application process and the minister's discretion play crucial roles in determining which areas qualify for protection. The Act's scope can be extended or restricted through subordinate instruments, such as regulations or guidelines, although the primary legislation itself outlines the core principles and procedures for protection applications.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act) contains several key provisions relevant to the application for the protection of the Hamersley Range Region in Western Australia. Section 10(1) of the Act provides the mechanism for making an application to the Minister for the Environment and Water for the protection of a specified area of cultural or spiritual significance to Aboriginal people. The Minister is required to consider the application and may, if satisfied, make a declaration under section 10(2) of the Act, which imposes prohibitions and restrictions on activities that may injure or desecrate the area. The report under section 10(4) must address the significance of the area, the nature and extent of threats, the area to be protected, the proposed prohibitions and restrictions, the impact on proprietary interests, the duration of any declaration, the extent of existing protection, and any other prescribed matters. The Act imposes specific obligations on the parties involved. The Minister is responsible for considering the application and report, and for making a declaration if satisfied that the criteria are met. The report under section 10(4) must be comprehensive, covering the significance of the area, the nature of any threats, the proposed scope of protection, and the potential impacts on third parties. The applicant, in this case the Yindjibarndi Ngurra Aboriginal Corporation and the Yindjibarndi Aboriginal Corporation, must provide sufficient evidence to demonstrate the cultural and spiritual significance of the area, the threats to its integrity, and the need for protective measures. Additionally, interested parties are invited to make written representations by a specified deadline, which the Minister must consider in making a decision. Breach of the provisions of the Act can lead to civil and criminal consequences. Section 14 of the Act provides that a person who contravenes a prohibition or restriction imposed by a declaration commits an offence and is liable to a penalty. The maximum penalty for an individual is 2,000 penalty units (currently AUD 220,000), and for a body corporate, 10,000 penalty units (currently AUD 1,100,000). These penalties reflect the serious nature of any desecration or injury to areas of significant cultural or spiritual importance to Aboriginal people. Additionally, any failure to comply with reporting obligations or misrepresentations made in the course of the application process may also result in legal consequences, including fines or imprisonment. The Act thus serves to protect significant Aboriginal areas from harm and to ensure that any activities that may impact on them are properly regulated and monitored.

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Area of Law
Indigenous Peoples & Native Title Law
Instrument
Gazette Notice
Concepts
Reporting & Disclosure Obligations
Consultation Requirements
Privacy Law

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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.