‘Unreasonable’ delay in decision to protect rock art
A judge, the Federal Minister of Environment has devoted a long time to evaluate the application of two traditional owners to protect the native rock art near a gas facility.
However, Murray Watt will not be ordered by the Federal Court to make a decision on a field of sacred areas and rock engravings in Northwest Western Australia, despite a delay for more than three and a half years.
Justice Angus Stewart said there was little benefit to order the Mardathoonera woman Raelene Cooper, who brought the issue to court, but it was likely that the minister would make a decision.
“For more than three and a half years of applications for more than three and a half applications in the episode 10 applications, Stewart said, Stewart said.
“There is a positive duty under the relevant provision for the minister to make a decision and do it in a reasonable time.”
The judge said that there was not enough explanation for the delay ”.
“It is not said that there is some extraordinary or unpredictable event that delayed issues,” he said.
Justice Stewart also said that if the minister could not decide until September 12th, Mrs. Cooper, who wanted the court to apply for, could bring back the matter.
The judge ordered the Federal Court to pay the legal expenses of Mrs. Cooper, but they will not be determined until the Minister’s part 10 applications.
In February 2022, Mrs. Cooper and Josie Alec applied for a statement in accordance with the 10th part of the 10th episode of Aborigin and Torres Strait Islander Heritage Protection Law to protect areas on the Burup Peninsula from injury and holiness.
The damage included the removal of the sacred areas and rock engravings, the deterioration of rock engravings from industrial emissions and the deterioration of chemical discharge and cultural heritage values from visual and noise pollution.
WoodSide Energy’s gas processing facilities and two fertilizer plants were said to be the reason for the damage to the application, Justice Stewart trial summary.
In May, Mrs. Cooper launched legal proceedings to force Mr. Watt to identify the 10 applications after the delay.
Cooper claimed victory in the court war, but most of the sites listed in the original section 10 applications were damaged or destroyed during the assessment delay.
“While the Minister was sitting in this application, important sites proposed to be protected by the Chapter 10 reports were destroyed,” he said.
“These Juukan Gorge echoes have echoes,” he added, referring to the 46,000 -year -old rock shelters destroyed by Rio Tinto.
The Buroup Peninsula, which is also about 27 km long and also known as Murujuga, contains some of the oldest and largest petroglifs in the world.
Kaya Art landscape was listed by the United Nations Educational, Science and Cultural Organization (UNESCO) as a heritage area in July.
The inscription recognizes the cultural value of more than one million engravings, some of which are thought to be more than 50,000 years of age.
The issue will return to the same court on 19 September for a case management hearing.
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