Notice of an application for the protection of a specified area, being the area known as Matilda Bay, Western Australia

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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 Matilda Bay, Western Australia

Invitation to make representations

I, Erica Walther, hereby give notice as follows:

The Minister for the Environment and Water (the 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 known as Matilda Bay, Crawley (near Perth) in Western Australia. 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 made by a Noongar woman who is a custodian of the Whadjuk/Boorloo lands (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 long-term 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. This specified area is described as Matilda Bay, WA, including the waters of the Bay and the immediately adjoining banks extending inland three meters from the water line. 

 

Figure 1 Map showing the specified area of Matilda Bay, WA.

 

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:

         Several points along the bay have long been recognised as traditional birthing grounds, women’s business areas, and marriage ceremony sites.

         Living cultural knowledge is maintained through oral histories, Elder testimony, and ongoing cultural teaching at the site.

         The resource-rich, riparian environment has historically supported occupation, seasonal harvesting, and cultural activity for Traditional Owners and visitors.

         The site is embedded within an interconnected seasonal knowledge system and broader living water system, including the Yarragadee aquifer (understood to connect to the Nedlands hot springs beneath the river and extend offshore along the river bed). This aquifer sustains Country to the east and west of the bay and must be respected and managed holistically.

         The area forms part of Waugal creation story and has continuing obligations of care under Noongar law.

         There is contemporary cultural use of the specified area for women’s business, River Law observance, and intergenerational knowledge transmission.

Claimed threat of injury or desecration

The applicant claims the specified area is under threat from the proposed expansion of the METRONET Swan River Ferry Network into Matilda Bay, which poses a threat to a culturally and spiritually significant site for the Traditional Custodians of the Noongar Nation. Activities associated with the claimed threats are located within and outside of the specified area.

The planned works, including jetty construction, foreshore clearing, tree removal, and the erection of infrastructure such as the terminal itself, charging stations, ablutions, and a proposed bus terminal would permanently alter the cultural landscape, desecrate sacred sites, sever ongoing cultural practices, and irreversibly degrade the environment.

Local Elders have strongly opposed the project, warning that these impacts cannot be reasonably mitigated and would constitute serious injury under the Act. The threat is primarily attributed to the scale, specific siting, and intensity of the proposed construction and operation within a living cultural landscape of ongoing ceremonial, spiritual, and ecological water-system significance.

Invitation to make representations

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

Erica Walther
Manager – Sea Country
Director, Extent Heritage
Level 1/52 Holmes St,
Brunswick East VIC 3057
03 9388 0622
matildabay@extent.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 5pm (AEST) on Wednesday 29 July 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 (the department) 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 urgent need to protect areas of cultural and spiritual significance to Indigenous Australians from potential desecration and injury. This Act was introduced by the Commonwealth Parliament to provide a legal framework for the protection of such areas, ensuring that the rights and heritage of Indigenous communities are preserved and respected. The policy objective of the Act is to safeguard the cultural heritage of Aboriginal and Torres Strait Islander peoples by allowing for the declaration of protected areas in cases where there is a credible threat of injury or desecration. The Act empowers the Minister for the Environment and Water to consider applications for the protection of specified areas and to make appropriate declarations based on comprehensive reports that assess the cultural significance, the nature and extent of the threat, and other relevant factors.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to any person, entity, or industry whose activities may affect areas of cultural heritage significance to Aboriginal and Torres Strait Islander peoples. The Act's jurisdiction covers the entire Commonwealth of Australia, and it extends to the protection of significant Aboriginal areas, whether these are on private, state, or Commonwealth land. The Act allows for the protection of areas through the issuance of declarations by the Minister for the Environment and Water, following a report on the significance and threats to the area in question. Exclusions and exemptions are minimal, with the primary focus on ensuring the preservation of culturally significant sites. The Act can also extend its application through subordinate instruments, such as regulations that may specify additional protective measures or processes for making declarations. The Act's application in the case of Matilda Bay, Western Australia, highlights its role in safeguarding areas of profound cultural importance to Aboriginal communities, particularly in the face of development threats.

Key Provisions

Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act) mandates that the Minister for the Environment and Water must consider a report from an appointed person before deciding on an application for the protection of a specified area. In this case, Erica Walther has been appointed to report on the application seeking protection for Matilda Bay in Western Australia, an area claimed by a Noongar woman to hold significant Aboriginal cultural and spiritual importance. The report must address the significance of the area to Aboriginals, the threat of injury or desecration, the extent of protection required, any necessary prohibitions or restrictions, the effects on non-Aboriginal interests, the duration of the declaration, and the adequacy of existing protections under state or territory laws. Additionally, the report must cover any other prescribed matters. The Act imposes several obligations on the parties involved. The Minister for the Environment and Water must carefully consider the report provided by the appointed person, ensuring all required matters are addressed. The appointed person, in this instance Erica Walther, is tasked with conducting a thorough investigation and providing a comprehensive report that includes the views of all relevant parties, particularly those of the applicant and any affected third parties. Furthermore, interested parties are invited to submit written representations by a specified deadline, with the opportunity to claim confidentiality if necessary. The applicant and other interested parties must be given a chance to review and comment on these representations to uphold procedural fairness. Breaches of the Act can result in various civil and criminal consequences. While the Act itself does not specify maximum penalties, breaches of associated regulations or other relevant legislation could lead to fines or imprisonment. For instance, unauthorised interference with protected areas could attract penalties under the Environment Protection and Biodiversity Conservation Act 1999 (Cth), which includes fines of up to $66,000 for individuals and significantly higher amounts for corporations, alongside potential imprisonment terms. Additionally, failure to comply with the reporting and representation requirements may lead to administrative penalties or legal challenges regarding the procedural fairness of the decision-making process.

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Area of Law
Indigenous Peoples & Native Title Law
Environmental Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Prohibited Conduct
Consultation Requirements

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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.