Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Notice of an application for the protection of a specified area, being the area known as Djab Wurrung Country, Victoria
Invitation to make representations
I, Susan Phillips, hereby give notice as follows:
The Minister for the Environment and Energy, 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 seeking to protect a specified area, being the area known as Djab Wurrung Country near Ararat in Victoria. The Minister has appointed me to provide a report to him under section 10(1)(c) of the Act.
The Applicant
The application is made on behalf of the Djab Wurrung Traditional Owners by Meriki Onus and Jidah Clark.
The purpose of the application
The application seeks the preservation or protection of the area specified in the application and depicted below in Figure 1, 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 Aboriginals in accordance with Aboriginal tradition. Section 3 of the Act provides definitions of 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 is 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 sought to be protected before deciding whether to make a declaration under section 10 of the Act. 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 Aboriginals;
(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 Aboriginal or Aboriginals on whose behalf the application is made;
(f) the duration of any declaration; and
(g) the extent to which the area is or may be protected by or under a law of the State of Victoria, and the effectiveness of any remedies available under any such law.
The area sought to be protected (the 'Specified Area’)
The Applicant has specified one area for which protection is sought as a traditional area. This area is the area known as Djab Wurrung Country, in Victoria.
Figure 1 Map showing the specified area of Djab Wurrung Country
Claimed nature of particular significance
The Applicant states that the Specified Area is of particular significance in accordance with Aboriginal tradition because the area features culturally significant trees that feature in Djab Wurrung song and story traditions, and because the Djab Wurrung Traditional Owners follow these traditions in current ceremonial practices in accordance with traditional custom. Other statements made by the Applicant include that:
- There are two highly culturally significant ancient hollow trees, which sit in an extremely significant area at the basin of the Hopkins river, and are connected to our songlines and stories that reach from Langi Ghiran, our black cockatoo dreaming site and also along the Hopkins river which is connected to our eel dreaming;
- The ancient trees are particularly culturally significant to Djab Wurrung women;
- The trees have been used by Djab Wurrung ancestors for hundreds of years, over 50 generations, and have had multiple uses over time. The trees are extremely rare examples and the last remnants of such trees, most similar trees in the area have already been destroyed over the course of history;
- The trees have played an important role in the health of our country and the wellbeing of Djab Wurrung people for countless generations. The trees are living beings that embody our stories throughout this significant landscape. These old trees are named ‘Delgug’ meaning ‘tall person’. These trees are our ancestors and we must protect them to the best of our ability. Destroying them is severely upsetting, and brings bad fortune.
Claimed threat of injury or desecration
The Applicant states that the potential for injury or desecration to the trees is attributed to some of the activities that VicRoads has specified as part of upgrades to the Victorian Western Highway at Buangor, between Ballarat and Stawell. The threat is primarily attributed to the proposed location of, and works associated with the highway upgrade that would remove the culturally significant trees in the Specified Area.
Invitation to make representations
Interested persons are invited to furnish representations in connection with my report to:
Susan Phillips
Barrister
13th Floor, St James Hall
169 Phillip Street
Sydney NSW 2000
Telephone: (02) 9335 3063; 0418 160 037
Email: phillips@stjames.net.au
Representations must be made in writing by close of business by 20 August 2018 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 wish confidentiality to apply. Representations will be provided to the Minister for the Environment and Energy 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.