Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Notice of an application for the protection of a specified area within the area
known as Wahluu (or Mount Panorama), NSW
Invitation to make representations
I, Terry Bailey, hereby give notice as follows:
The Minister for the Environment, 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. The specified area is within the area known as Wahluu, or Mount Panorama, near Bathurst in New South Wales. The Minister has appointed me to provide a report to her under section 10(1)(c) of the Act.
The Applicant
The application is made on behalf of the Wiradyuri Traditional Owners Central West Aboriginal Corporation.
The purpose of the application
The application seeks the preservation or protection of the specified area in the application (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 specified area for protection, the claimed significance of the specified area and the claimed nature of the threat of injury or desecration to the specified area 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 New South Wales, and the effectiveness of any remedies available under any such law.
The area sought to be protected (the 'specified area')
The Applicant has specified the area within the bold line in Figure 1 as the specified area for which protection is sought.
Figure 1 Map showing, within the bold line, the specified area within the area known as Wahluu (or Mount Panorama), NSW
Claimed nature of particular significance
The Applicant states that the specified area is of particular significance in accordance with Aboriginal tradition for the following reasons:
- The Mountain is a part of the Wiradjuri Wahluu songline which is part of a wider story that connects Wiradjuri to neighbouring Aboriginal nations.
- The top on the mountain is called Wahluu. Wahluu is a part of a creation story as he is one of Baiame’s warriors who helped create the land.
- The area contains men’s and women’s ceremonial sites.
- The area includes a Bora Ring, culturally modified trees, culturally significant artefacts, a traditional stone hut and gravesites.
- Stories and traditions in this area have been passed down for generations.
Claimed threat of injury or desecration
The Applicant states that the potential injury or desecration is attributed to the activities associated with Bathurst Regional Council’s proposed Go Kart track modification. The threat is primarily attributed to digging up 7 hectares of the area which will destroy the significance of the objects in the area, including the ancestral trees, the stone hut, and potentially disturbing gravesites. Pre-development work is limiting access to the site so it is unable to be used in accordance with tradition and tyres dumped on site are affecting the significance of the area. The Applicant states that injury or desecration would also result if a proposed resort is built in the specified area.
Invitation to make representations
Interested persons are invited to furnish representations in connection with my report to:
Mr Terry Bailey
Director
PO Box 381
Sandy Bay Tasmania 7006
Reporter mobile: 0409 313 381
Reporter email: terry.OandG@gmail.com
Representations must be made in writing by 5pm (AEDT) on Friday 1 November 2019 or within such further period as may be allowed. Do 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 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.