WA government sued by Banjima people over contamination
The Western Australian government is facing legal action from an Aboriginal company that wants the Federal Court to force it to clean up asbestos contamination at its Wittenoom mine.
Gordon Legal launched legal proceedings against the WA government on behalf of the Banjima Native Title Aboriginal Corporation in the Federal Court of Victoria on Wednesday morning.
Johnnell Parker, vice president and traditional owner of Banjima, said: “We the people of Banjima belong to one of the most beautiful places in the world and our connection to the land of Banjima runs deep.”
“As Uncle Maitland Parker said“I still cry for my country, but it’s inside me, I can’t get away from it,” he said.
“Our elders raised us strong and resilient despite the damage. We carry their strength in our hearts as we continue our struggle, heal our country, protect it, ensuring that future generations can stand on healthy soil and stay connected to themselves.”
The Wittenoom asbestos mine closed 60 years ago, but the remaining waste made the surrounding area extremely hazardous, eventually resulting in the closure of the Wittenoom town area.
The group says the people of Banjima have the highest rates of asbestos cancer in the world and wants the government to remediate contaminated areas.
The people of Banjima also want compensation for the destruction the mine has caused over the last 80 years.
Peter Gordon, Gordon’s senior legal partner, said it would take generations to repair the displacement, dispossession, exploitation and erosion of the cultural integrity of the Banjima nation.
“But the longest journey to clean up the largest contaminated area in the Southern Hemisphere begins with a single step,” he said.
WA Premier Roger Cook said he sympathized with the people of Banjima and respected their decision to prosecute over asbestos contamination, but said he would defend the government’s position regardless.
Cook said he was not surprised by the Federal Court’s legal action but would have preferred a “negotiated” outcome.
“I’m not surprised because I’ve been talking to Banjima and their legal representatives about what they want to see; that’s the justice they see regarding the impact of the asbestos mine in Wittenoom,” he said.
“I would prefer a negotiated outcome, but I absolutely and fundamentally respect their right to seek justice for what they believe are the health impacts on their population, as well as the damage to their country.”
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Hamish Hastie is WAtoday’s state political correspondent and the winner of five WA Media Awards, including the 2023 Beck Award for best political journalism.Connect with: X or email.
