Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)
Notice of an application for the protection of specified areas, being the areas known as Jinka Hill, Woorgabup Nature Reserve, Dyliabing, Yellanup Well, Kartanup Springs and Moojebing, 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 specified areas, being the areas known as Jinka Hill, Woorgabup Nature Reserve, Dyliabing, Yellanup Well, Kartanup Springs and Moojebing near Katanning in Western Australia. The Minister has appointed me to provide a report to him under section 10(1)(c) of the Act.
The Applicant
The application is made on behalf of the Descendants of Notuman Working Group by Patricia Morrison.
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 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 Western Australia, and the effectiveness of any remedies available under any such law.
The area sought to be protected (the 'specified areas')
The Applicant has specified five areas for which protection is sought as traditional area. These are the areas known as Jinka Hill, Woorgabup Nature Reserve, Dyliabing, Yellanup Well, Kartanup Springs and Moojebing, in Western Australia.
Figure 1 Map showing the specified areas of Jinka Hill, Woorgabup Nature Reserve, Dyliabing, Yellanup Well, Kartanup Springs and Moojebing
Claimed nature of particular significance
The Applicant states that the specified areas are of particular significance in accordance with Aboriginal tradition because the areas feature in Bibbulman song and story traditions and ceremonial practices, and because the descendants of Notuman, and other Bibbulman peoples follow these traditions in current ceremonial practices in accordance with traditional custom. Other statements made by the Applicant include that:
- Jinka Hill is where the Circle of Rocks live, which are used as Initiation Ceremony and are the dwelling place of the spirit of the giant in the Creation Story;
- Dyliabing is where the Ancient Birthing Place is situated and relates to the Creation Story;
- Moojebing is a Significant Ceremonial Place for Cultural Practices & the Creation Story;
- Yowangup is the site of the First Tradition Camping Ground, Corroboree Grounds and Ancestors Burial Site;
- Yellanup Well is the Story of Woorgum Traditional Owners Family Camping Ground and waterways – Family members are named after this place. Now may be resting place of their remains; and
- Notuman Story includes the story of Kartanup Springs (Katanning) of which she is a Custodian.
Claimed threat of injury or desecration
The Applicant states that the potential injury or desecration is attributed to some of the activities that AusGold has specified in its Katanning Gold Project – Resource Development. The threat is primarily attributed to the proposed location of, and works associated with, the expansion of an existing gold mine, and associated infrastructure. This includes the grading of roads near culturally significant sites and potential burial sites, the use of areas as dumping grounds, and the grading and building of roads at Yowangup. The Applicant states that AusGold’s plans would severely injure and desecrate Jinka Hill, and the other works at Woorgabup Nature Reserve, Dyliabing, Yellanup Well, Kartanup Springs and Moojebing, would destroy sacred sites, and would have the effect of severing the connection to Bibbulman country.
Invitation to make representations
Interested persons are invited to furnish representations in connection with my report to:
Dr Susan McIntyre-Tamwoy
Navin Officer Heritage Consultants
No. 4 Kingston Warehouse
71 Leichhardt Street
Kingston ACT 2604
Telephone: (02) 6282 9415; 0425 215 012
Fax: 02 6282 9416
Email: submissions@nohc.com.au
Representations must be made in writing by close of business by Tuesday 31 July 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.