A dispute between a mining company and traditional owners neighbouring a famous national park in Western Australia has escalated, with the company lodging a controversial Section 18 application.
Wintawari Guruma Aboriginal Corporation (WGAC) and Perth-based Equinox Resources have been debating the future of a mining lease next to the renowned Karijini National Park in the state’s Pilbara region.
Equinox wants to start drilling at its Hamersley Iron Ore Project to move it towards commercialisation, but WGAC says that will impact two Aboriginal heritage sites in the area and has called for the company to abandon its plans.
WGAC is also campaigning against the mine proposal as a whole, saying it will damage ground and surface water connected to Hamersley Gorge in Karijini.
The parties have been unable to reach an agreement, and Equinox has lodged an Aboriginal Heritage Act Section 18 application — the controversial mechanism that allowed Rio Tinto to destroy Juukan Gorge in 2020 — with the state government.
‘Disrespect’ towards traditional owners
A WGAC spokesperson said traditional owners were “profoundly disappointed” by Equinox’s application.
They said WGAC first told Equinox about two heritage sites in the area last year and traditional owners felt disrespected by the company.
“The Eastern Guruma people have not experienced this level of disrespect toward their cultural heritage from a mining company for more than a decade,” the spokesperson said.
The spokesperson said it was an alarming development that an ASX-listed company could disregard established environmental, social and governance principles and choose not to engage with traditional owners before lodging a Section 18.
WGAC said an online petition it launched against the entire mine proposal had received 15,000 signatures.
Equinox backs 2014 agreement
An Equinox spokesperson said it would engage with WGAC on the terms of a native title agreement signed in 2014 — seven years before the company acquired the lease.
“If WGAC is not prepared to honour its agreement, the Equinox board has decided to use the mechanisms available under the existing agreement and the Aboriginal Heritage Act … to progress the project,” the spokesperson said.
The company disputed the claim it had not consulted traditional owners, and said it had notified WGAC and the stock exchange in January of its intention to file a Section 18 application.
Equinox chief executive Zac Komur this week said in a separate stock exchange announcement the company was committed to “collaboration and respectful engagement” with WGAC.
“Our goal is to work together in a way that respects the heritage and culture of the landowners while also delivering on the Hamersley Iron Ore Project for our shareholders,” he said.
The company said there were no registered Aboriginal sites within the Hamersley project, but two new sites were identified in the WGAC survey last year.
Test of new heritage laws
If granted by WA Aboriginal Affairs Minister Tony Buti, the Section 18 application would allow Equinox to disturb the Aboriginal heritage sites flagged by WGAC and move forward with its drilling plans.
The application is among the first to be lodged since the WA government finished a drawn-out update to Aboriginal heritage laws earlier this year.
It introduced several changes, including the right for traditional owners to appeal Section 18 decisions.
A state government spokesperson said the application would be assessed before the Aboriginal Cultural Heritage Committee made a final recommendation on whether to grant consent to the minister.
Karijini National Park is a popular tourism destination in the Pilbara and is already surrounded by significant mines and related infrastructure, such as rail lines.
According to publicly available records, WGAC holds 16 live or pending mining exploration licences in the region under its subsidiary Guruma Resources.
WGAC country is rich in mineral resources, and the traditional owners have relationships with multiple major mining companies including official agreements with FMG and Rio Tinto.
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