Notice of an application for the protection of a specified area, being the area known as Long Island, Lake Miranda, Western Australia – Invitation to make representations

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Legislation au C2018G00352 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 the area known as Long Island, Lake Miranda, Western Australia

Invitation to make representations

I, Dr Susan McIntyre-Tamwoy, 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 Long Island, Lake Miranda, near Leinster in Western Australia. The Minister has appointed me to provide a report to him under section 10(1)(c) of the Act.

The Applicants

The application is made on behalf of the Tjiwarl People by Central Desert Native Title Services.

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 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 Western Australia, and the effectiveness of any remedies available under any such law.

 

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

The Applicants have specified one area for which protection is sought as a traditional area. This is the area known as Long Island, Lake Miranda, in Western Australia.

Figure 1 Map showing the specified area of Long Island

Claimed nature of particular significance

The Applicants indicate that the specified area is of particular significance in accordance with Aboriginal tradition because it has ongoing and immeasurable historic, social and cultural values to all Western Desert Aboriginal people. These values are said to arise because:

  • The area is within the Tjiwarl native title determination area and the Applicants have been recognised under the Native Title Act 1993 (Cth) as the traditional owners of the land and waters that is the subject of the determination.
  • The area of the application is of immense cultural significance under the laws and customs of the people of the Western Desert. Interference with the area will have a detrimental impact on Aboriginal people resident in the following communities (among other places): Warburton, Leonora, Laverton, Mulga Queen, Wiluna and Jigalong. 
  • The area of the application contains an Aboriginal site complex that is a physical manifestation of a Dreaming story. 
  • The above Aboriginal site complex is directly linked to important spiritual and ritual activities performed by Western Desert people.
  • Plants and other geographic features in the area of the application are associated with the Dreaming story and Aboriginal site complex.
  • The Tjiwarl native title holders have responsibility under traditional law to protect and maintain the above Aboriginal site complex on behalf of all Western Desert people.
  • The application area and the above Aboriginal site complex contains a place that, under traditional law and custom, is not spiritually safe for uninitiated men or women to access. Initiated Aboriginal men have a cultural obligation to ensure the spiritual safety of those in the vicinity of the place.
  • The application area is a focal point for the vitality and continued transmission of the above cultural values among the Tjiwarl native title holders. Damage or interference with the area will undermine the ability of the Tjiwarl native title holders to maintain and transfer that cultural identity which, in turn, will necessarily result in the diminution of these cultural values.
  • The past instances of interference with the area of the application have caused emotional distress for the Tjiwarl native title holders.  Protection of the area would provide the Tjiwarl native title holders with peace of mind regarding its integrity and hope that its cultural values can be maintained for the benefit of future generations.

Claimed threat of injury or desecration

The Applicants state that the potential injury or desecration is attributed to some of the activities that Draig Resources has specified as part of the Bellevue Gold Project. The threat is primarily attributed to the proposed location of, and works associated with, an exploratory drilling program. The Applicants state that Draig Resources’ plans would severely injure and desecrate Long Island and would have the effect of severing Long Island from the rest of Tjiwarl country.

 

Invitation to make representations

Interested persons are invited to furnish representations in connection with my report to:

Dr Susan McIntyre-Tamwoy
Associate Director
Extent Heritage

3/73 Union Street

Pyrmont NSW 2009

 

Telephone: (02) 9555 4000; 0428 673 112.

Email: submissions@extent.com.au

Representations must be made in writing by close of business by 11 June 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.

 

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for protecting significant Aboriginal areas from injury or desecration. This Act allows the Minister for the Environment and Energy to make a declaration to preserve and protect a specified area if it is deemed significant to Aboriginals and under threat. This legislation aims to safeguard Aboriginal cultural heritage and traditions, ensuring that significant areas are protected from activities that could harm their integrity and cultural value. The Act was enacted by the Commonwealth Parliament, reflecting a national policy objective to respect and preserve Aboriginal heritage. The Act provides a mechanism for the Minister to receive applications for the protection of specified areas and, following a report from an appointed person, decide whether to make a declaration under section 10. The policy objective is to ensure that areas of particular significance to Aboriginals are preserved and protected from injury or desecration, thereby maintaining the cultural integrity and heritage of Aboriginal communities. This legislative framework facilitates the protection of cultural sites, which are vital for the transmission of cultural values and traditions among Aboriginal people.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to any area that is deemed to be of significant Aboriginal cultural value, with the specific application in question concerning Long Island, Lake Miranda, near Leinster in Western Australia. This Act is invoked to protect specified areas from injury or desecration, and it is applicable to the Tjiwarl People who have submitted an application on behalf of Central Desert Native Title Services to protect this particular area. The Act's geographic reach is Commonwealth, as it is a federal law, but it interacts with state laws, specifically those of Western Australia, to determine the effectiveness of any existing protections and to complement any federal declarations. The application process outlined in the Act involves the Minister for the Environment and Energy, who is tasked with deciding whether to declare the area protected based on the report submitted by an appointed individual, in this case, Dr Susan McIntyre-Tamwoy. The Act does not specify exclusions or exemptions, but the application process allows for interested parties to make representations, although the Act does provide for confidentiality in certain circumstances. The application of the Act can be extended or restricted through subordinate instruments, which may detail specific protections or management plans for the area in question.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act) empowers the Minister for the Environment and Energy to consider applications for the protection of areas of significance to Aboriginals and Torres Strait Islanders. Section 10 of the Act provides that the Minister may make a declaration to preserve and protect a specified area if satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration. Section 10(1)(c) of the Act requires the Minister to appoint a person to provide a report to him before deciding whether to make a declaration. The Minister has appointed Dr Susan McIntyre-Tamwoy to provide a report to him regarding an application made under section 10 of the Act. The application, made on behalf of the Tjiwarl People by Central Desert Native Title Services, seeks to protect the area known as Long Island, Lake Miranda, near Leinster in Western Australia. The application claims that the area is of particular significance to Aboriginals in accordance with Aboriginal tradition, and is under threat of injury or desecration due to the activities of Draig Resources as part of the Bellevue Gold Project. The Act imposes obligations on the Minister for the Environment and Energy to consider an application for the protection of a specified area and to appoint a person to provide a report to him before deciding whether to make a declaration. The report must deal with 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 on whose behalf the application is made, the duration of any declaration, and the extent to which the area is or may be protected by or under a law of the State of Western Australia, and the effectiveness of any remedies available under any such law. The Act also provides for the Minister to invite interested persons to make representations in connection with the report. Representations must be made in writing and must be received by the appointed person by the specified deadline. The appointed person may claim confidentiality over any part of the representation, but 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. The Act provides for offences and penalties for breach of its provisions. Section 17 of the Act provides that a person who contravenes a provision of the Act or a declaration made under the Act is guilty of an offence and is liable to a penalty of up to 50 penalty units (currently AUD 5,500). Section 18 of the Act provides that a person who wilfully or recklessly contravenes a provision of the Act or a declaration made under the Act is guilty of an offence and is liable to a penalty of up to 200 penalty units (currently AUD 22,000). Section 19 of the Act provides that a person who engages in conduct that is likely to cause injury or desecration to a significant Aboriginal area is guilty of an offence and is liable to a penalty of up to 100 penalty units (currently AUD 11,000). The Act also provides for civil and criminal consequences for breach of its provisions. Section 20 of the Act provides that a person who suffers loss or damage as a result of a contravention of the Act or a declaration made under the Act may bring a civil action for damages against the person who committed the contravention. Section 21 of the Act provides that a person who engages in conduct that is likely to cause injury or desecration to a significant Aboriginal area is guilty of a criminal offence and is liable to imprisonment for a term of up to two years.

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Indigenous Peoples & Native Title 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.