Notice of an application for the protection of a specified area, being the area known as Selwyn Range, near Cloncurry, Queensland. Invitation to make representations

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

Legislation au C2025G00521 In force Gazette

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Department of Climate Change Energy the Environment and Water
 

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

 

Notice under Section 10
 

Notice of an application for the protection of a specified area, being the area known as Selwyn Range, near Cloncurry, Queensland

Invitation to make representations

I, Dr Brendan Corrigan, 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 long term preservation and protection of a significant Aboriginal area being the area known as Selwyn Range, near Cloncurry in Queensland. 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 Mr Lance Sullivan, a Yalarrnga (also spelt Yulluna) Traditional Owner (the applicant).

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. Section 10 of the Act confers power on the Minister to make a declaration to preserve and protect an area where the Minister is satisfied that it is a ‘significant Aboriginal area’ under threat of injury or desecration. A ‘significant Aboriginal area’ is an area of land or water in Australia that is ‘of particular significance to Aboriginals in accordance with Aboriginal tradition’. ‘Aboriginal tradition’ is the ‘body of traditions, observances, customs and beliefs of Aboriginals generally or of a particular community or group of Aboriginals, and includes any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships’.

Matters the report is required to deal with

The Minister must consider my report pursuant to section 10 of the Act in relation to the specified area before deciding whether to make a declaration under section 10 of the Act. Under subsection 10(4) of the Act, the report is required to deal with the following matters:

  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 specified area

Figure 1, below, depicts the area for which preservation and protection is sought. This specified area is described as part of Selwyn Range, south of Cloncurry, in Queensland.


Figure 1: Map showing the specified area of Selwyn Range, Queensland

Claims in relation to ‘significant Aboriginal area’

The applicant claims the specified area is of particular significance in accordance with Aboriginal tradition for the following reasons:

  • The specified area is associated with Sacred Lost Boys Dreaming which includes ceremonial Sacred Lost Boys pillars and sacred ridgeline. These pillars represent the ancient songline creator.
  • The specified area includes a male initiation site.
  • The specified area includes ceremonial and other sites for cultural practices.
  • The specified area includes sacred paintings that represent the ancient songline creator.
  • The specified area includes increase sites.

 

Claimed threat of injury or desecration

The applicant claims that the specified area is under threat of injury or desecration from ongoing mining activities conducted by Chinova Resources. The threat is primarily attributed to damage to naturally occurring rock formations associated with mining, and a loss of access to sacred sites. The applicant states there were more than 12 pillars that existed prior to mining activities, and that less than 5 remain.

 

Invitation to make representations

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

Dr Brendan Corrigan
ABMC Consulting Pty Ltd
PO BOX 3037, Unley SA 5061 

E: section10ABMC@proton.me

 

Interested parties are urged to contact me as soon as possible to be provided with further information about the submission process, including the provision of the application, the making of representations in response to the application, and the making of final comments in response to representations received.

Representations must be made in writing by 5pm AEST on 06 October 2025 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 received by the due date may subsequently be provided to the applicant and other interested parties for their review and comment in order to meet procedural fairness requirements.  If representations are circulated to the applicant and/or other interested parties for comment, an additional period will be allowed for those parties to make any final comments in writing.  Representations will only be circulated to the applicant and/or other interested parties where the representation may adversely affect the interests of that particular interested party.  Please contact me should you have any questions about this.

Claiming confidentiality

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 the Department of Climate Change, Energy, the Environment and Water (department), 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.

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, such as your name, contact details, your identity as an Aboriginal and/or Torres Strait Islander person, and your opinions about the application.

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 and explains how personal information is handled by the department, how to access or correct your personal information, and how to make a complaint.

Overview

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) was enacted to address the need for the protection and preservation of significant Aboriginal areas that are under threat of injury or desecration. This Act empowers the Minister for the Environment and Water to make declarations that preserve and protect such areas, thereby ensuring the safeguarding of cultural heritage and practices that are integral to Aboriginal communities. This legislation was introduced by the Australian Parliament to provide a legal framework for the protection of culturally significant sites, recognising the importance of these areas to Aboriginal and Torres Strait Islander peoples. The policy objective of the Act is to ensure the long-term preservation of areas that hold significant cultural, spiritual, or historical value to Aboriginal communities, safeguarding their heritage against potential harm or desecration.

Scope and Application

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) applies to the preservation and protection of areas deemed to be of significant cultural, spiritual, or archaeological importance to Aboriginal and Torres Strait Islander peoples. The Act provides a mechanism for the Minister for the Environment and Water to make a declaration to protect specified areas from injury or desecration, particularly where such areas are under threat. The geographic reach of the Act is national, applying across all states and territories of Australia. The application process under section 10 of the Act is initiated by an application from an Aboriginal or Torres Strait Islander person or group, such as Mr Lance Sullivan, a Yalarrnga Traditional Owner in this case. The Act does not specify exclusions, but its application may be influenced by subordinate instruments that provide further detail on the application process and criteria for determining significant Aboriginal areas. The Minister's decision is informed by a report from an appointed expert, such as Dr Brendan Corrigan, who assesses various factors including the cultural significance of the area, the nature and extent of threats, and the potential impact on non-Aboriginal interests. Interested parties can make representations to the expert, who will consider these in preparing the report for the Minister.

Key Provisions

The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) under section 10 allows the Minister for the Environment and Water to declare an area as a ‘significant Aboriginal area’ that is under threat of injury or desecration. This declaration can provide long-term preservation and protection for the area (section 10). The Minister has received an application from Mr Lance Sullivan, a Yalarrnga Traditional Owner, seeking the protection of the Selwyn Range area in Queensland. This area is claimed to be of particular significance according to Aboriginal tradition, encompassing sacred sites, ceremonial pillars, and sacred paintings. The application alleges that ongoing mining activities by Chinova Resources pose a threat to the area due to damage to rock formations and loss of access to sacred sites (section 10(4)). The obligations imposed by the Act on the parties involved include the requirement for the Minister to consider a report provided by Dr Brendan Corrigan, which must address the significance of the area, the threat it faces, the extent of the area to be protected, and the potential impact on non-Aboriginal interests (section 10(4)). Dr Corrigan is tasked with gathering and evaluating relevant information and representations from interested parties before submitting the report. Interested parties are invited to make written representations by a specified deadline, which may be extended if necessary. These representations can be confidential if the submitter specifies the reasons and scope of the confidentiality (section 10(4)). The Minister must ensure procedural fairness by potentially circulating representations to the applicant and other interested parties for comments. Any breaches of the Act, such as unauthorized desecration of a protected area, can result in significant civil and criminal penalties. Offenders may face fines and imprisonment, with the maximum penalties varying depending on the severity of the breach. The Act provides for both criminal and civil enforcement mechanisms to ensure compliance and protection of significant Aboriginal areas. The Minister has the authority to enforce the Act and can take legal action against those who fail to comply with its provisions, including seeking injunctions and other remedies in the courts.

Legal classification tags

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.