Tribunal blocks mining lease on ‘sacred’ site 28th May 2009, 18:00 WST
An Aboriginal land corporation has had a historic win in the National Native Title Tribunal by blocking a company's application for a mining lease. In the first case where a company has failed to win a mining application on land granted under the Native Title Act, Reward Minerals subsidiary Holocene was denied a lease over Lake Disappointment in WA.
The Western Deserts Lands Aboriginal Corporation, which holds the native title area on trust for the Martu people, hailed the decision as "a historic and special day".
WDALC director Brian Samson said the tribunal had established that the area targeted by Holocene for the mining of potash was a "very significant" sacred site for the Martu.
"The decision ... highlights the strength of the Martu people, their culture and their native title rights and interests," Mr Samson said.
"This was a historic and special day for both the Martu people and traditional owner groups all over Australia."
The Martu hold native title rights over 136,000square kilometres of land in the Western Desert, including Lake Disappointment on the eastern edge of the Pilbara.
In his finding, NNTT deputy president Chris Sumner said the effect of Holocene's proposed project on "a site of particular significance" had to be considered in relation to the management, use or control of the land by the native titleholders.
"In my view, the interests, proposals, opinions and wishes of the native title party in relation to the use of Lake Disappointment should be given a greater weight than the potential economic benefit or public interest in the project proceeding," Mr Sumner said.
He said he had not ignored the fact that Holocene had invested considerable time, effort and money in attempting to launch the project and had negotiated in good faith until discussions broke down.
Mr Sumner noted that the native title holders had been entitled to take different positions in the inquiry than they had adopted during the negotiations.
He said the Martu were entitled to believe that conditions other than the legal right to compensation would be considered "in return for mining on a place that is very special to them".
"What they now say is that the substantial interference with one of their important traditional sites is not acceptable in light of the limited benefits available to them.
"(These are) effectively for the upgrading of a road and the possibility of some employment and business opportunities."
Emeritus Professor Robert Tonkinson, chair of anthropology at the University of Western Australia until his retirement in 2003, told the NNTT inquiry that traditionally Lake Disappointment was an area "where no interference would be contemplated by the Martu".
WDALC chairman Gordon Madijalu said the decision had vindicated the Martu people's stand against mining.
"Martu people, through their prescribed body corporate, have shown they are willing and able to fight for their land and rights," Mr Madijalu said.
"WDALC will continue to protect Martu people's native title to the fullest extent possible."
Reward Minerals did not respond to requests for comment.
AAP
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