Notice of an application for the protection of a specified area, being the area known as Wadjemup (Rottnest Island), Western Australia Invitation to make representations

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 Wadjemup (Rottnest Island), Western Australia

Invitation to make representations

I, Rene Provis, 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 long-term preservation and protection of a significant Aboriginal area being the area known as Wadjemup (Rottnest Island), near Fremantle, Western Australia (WA). 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 Traditional Owner of the Nyungar (also spelt Noongar and Nyungah) People (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 (Wadjemup (Rottnest Island), WA). This area is depicted in Figure 1.

The specified area

Figure 1, below, depicts the area for which preservation and protection is sought. This specified area is described as the island and surrounding waters of Wadjemup, west of Fremantle, in Western Australia.

Figure 1: Map showing the specified area

Claims in relation to ‘significant Aboriginal area’

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

• The Quod, part of the former Aboriginal prison on Wadjemup, associating the area with mass incarceration and death of Indigenous people. 
• The Boys Reformatory was built by Aboriginal prisoners, to house mainly non-Indigenous youth undertaking training on Wadjemup. 
• Glass and other artefact scatters are connected with the prison and pre-colonial occupation. 
• Infrastructure on the island, including roads, buildings, the lighthouse and old quarries, which were built or used by Aboriginal ancestors.
• The surrounding waters, which rose approximately seven thousand years ago, contains information about Aboriginal ancestors. 

Claimed threat of injury or desecration

The applicant claims that the specified area is ‘under threat of injury or desecration’ for the following reasons:

• The redevelopment of Lodge Wadjemup poses risks to culturally significant areas and infrastructure.
• The Rottnest Island Deaths Group Aboriginal Corporation, recognised since the 1980s as custodial keepers of the area, has obligations to protect Wadjemup.
• The threat extends across the island and surrounding waters, given the breadth of cultural and ancestral values attached to the specified area.

Invitation to make representations
 

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

Dr Rene Provis
Senior Social Consultant
Umwelt Environmental & Social Consultants
Suite 11.01, Level 11
213 Miller Street
North Sydney NSW 2060
0413 210 731
wadjemup@umwelt.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.