A native title applicant's bid to stop work near an Indigenous heritage site at a Queensland mine has been dismissed by the state government.
Seven Wangan and Jagalingou Traditional Owners requested the government investigate a potential breach of the Queensland Cultural Heritage Act and prevent destruction of a site near the Carmichael mine.
They argued Bravus would be clearing about 3000 cubic metres of land and removing it to another cultural heritage site.
"The site was an ancient stone tool-making area that our people utilised for thousands of years. These artefacts are a reminder of who we are - they must not be destroyed," spokesperson Adrian Burragubba said.
"With our lawyers, we requested the Queensland government act to issue a stop work order and halt Adani's destruction of our cultural heritage."
But Bravus and the state government disagreed in accordance with a vote by members of the Cultural Heritage Committee
The Department of Aboriginal and Torres Strait Islander Partnerships said they had considered the requests and all parties had been afforded natural justice in the decision-making process.
"The delegate has informed the relevant parties that there are no reasonable grounds to grant their requests to issue a stop order,'' a departmental spokesman said.
"Additionally, the delegate has determined that there are no reasonable grounds to warrant investigation into the activities conducted by Bravus at the Carmichael Mine."
An Indigenous Land Use Agreement (ILUA) was signed between Bravus, the Queensland government and the Wangan and Jagalingou (W&J) people in 2017.
This was after all but one of the 294 W&J people voted in favour of the ILUA that was struck in 2016.
Several court cases have been heard regarding claims made by the complainants, with the Federal Court handing down a decision upholding the ILUA in 2018.
This culminated in an appeal to the full Federal Court in May 2019 before the Kemppi case was dismissed in July 2019.
Native Title Applicants acting co-ordinator Irene Simpson says the Clermont Belyando people welcomed the state government's decision.
"While we recognise Mr Codie McAvoy, his family council and followers do not agree with the Carmichael project proceeding, the majority of the Clermont Belyando (formerly W&J) people do," she said.
"Coedie McAvoy and his supporters may be outspoken, but that does not mean it is right that his views should be used to silence the overwhelming interests of the majority of the claim group.
"We are satisfied that the cultural heritage on the Carmichael project site continues to be managed by the Cultural Heritage Committee in accordance with the CHMP between Bravus Mining and Resources and the Clermont Belyando people."
Australian Associated Press
