Traditional owners want mining boss sacked after ‘two-storey high mound of earth’ dumped on artefacts

A West Australian mining company that recently admitted to disturbing sites of “significant” cultural heritage could avoid prosecution because of when it happened. 

Last week, Sandfire Resources announced to the ASX it had “disturbed” artefact scatter at its DeGrussa mine, 900 kilometres north-east of Perth. 

However, the lawyer representing Yugunga-Nya traditional owners, Frank Gaffney, says prosecution of those responsible was “unlikely” due to Western Australia’s 12-month statute of limitations.

“[The traditional owners] are very distressed,” Mr Gaffney said.

“Two heritage sites, or scatters, which had around 90 artefacts were disturbed and destroyed.

“In one case, roughly around a two-storey high mound of earth was placed on top of the artefacts and in the other example tracks were driven straight through the artefacts site.”

Traditional owners ‘shocked’

The company said the disturbance happened “as a result of a series of process failures”. 

Mr Gaffney said the Yugugna-Nya people were “shocked” by the statement.

“Unfortunately this destruction of the artefact sites has occurred because of a lack of oversight,” Mr Gaffney said.

“Heritage surveys took place in 2016 and those heritage surveys had indicated that they should be sealed off — that can be done by barriers or by picket fences to ensure nobody disturbs the site.

“[Sandfire] didn’t put those fences up … and subsequently parts of the operations were placed on top of it, and roads were built through the sites.”

Last week, WA Premier Roger Cook requested the Aboriginal affairs minister investigate and “where appropriate [consider whether] to prosecute”.

However, due to the 12-month statute of limitations in Western Australia’s Aboriginal Heritage Act, Mr Gaffney expected the prosecution was “unlikely”.

“If it is found that following the [government] investigation that there was a disturbance of an Aboriginal heritage site … it is unlikely at this point in time that there could be a prosecution,” he said.

‘No-one taking responsibility’ 

The disturbance occurred between 2017 and 2018, a statement by Sandfire Resources revealed.

According to Mr Gaffney, Sandfire became aware of the issue in October 2022, and an internal investigation began in April 2023, but traditional owners were not made aware of the incident until October 2023.

“It does seem like a Monty Python show — the time frames don’t add up, and no one seems to be taking responsibility,” he said.

In a statement to the ABC, Sandfire chief executive Brendan Harris, who began his role in April 2023, apologised “unreservedly”.

“We have reported these disturbances to the Department of Planning, Lands and Heritage, and are cooperating fully as they investigate the matter,” Mr Harris said. 

“We remain focused on engaging with the Yugunga-Nya to better understand their wishes and respond to their needs.” 

Calls to sack CEO 

Mr Gaffney said the Yugunga-Nya would like Mr Harris to step down over the handling of the matter, and to see a “tangible benefit” offered “to compensate them for the destruction of their cultural heritage”. 

“Sandfire have offered the group the contract to fence off all remaining heritage site, well that should’ve occurred in any event after they were identified in the heritage survey reports,” he said.

“One of the options that could be explored is assisting the group into housing … and owning their own homes.” 

The WA Department of Planning, Lands and Heritage has begun an investigation.