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Response to questions about Cultural Heritage

Response to questions about Cultural Heritage

Response to questions about Cultural Heritage

26 October 2021

Response to questions about Cultural Heritage

Today a story appeared in some news publications recording the opinion of a long-term opponent to the Carmichael Project that certain cultural heritage works at the Carmichael mine site were not appropriate, which we strongly refute.

The following statement provides our position on this matter:

“The works in question were unanimously approved by the Wangan and Jagalingou Traditional Owners’ Cultural Heritage Committee.

“Cultural heritage works at Bravus Mining and Resources’ Carmichael Mine are managed according to the legally-binding agreements in place between our company and the Clermont Belyando Native Title applicant group (formerly known as the Wangan and Jagalingou).

“The Cultural Heritage Committee operates as required by the Indigenous Land Use Agreement between Bravus Mining and Resources and the Clermont Belyando Native Title applicants and oversees the implementation of the Cultural Heritage Management Plan.

“Wangan and Jagalingou Traditional Owners are intimately involved in cultural heritage clearances and supervising cultural heritage works on the site.

“Traditional Owners appointed by the committee undertake cultural heritage clearances and monitor cultural heritage works at the site.

“Adani has been working with the Traditional Owners of the Carmichael Project area, including the Wangan and Jagalingou native title claimants (W&J People), since 2010.

“In 2016 the W&J people voted 294 to 1 in favour of an Indigenous Land Use Agreement for the Carmichael Project (W&J ILUA).

“The W&J ILUA was signed by the Queensland Government, the W&J People and Adani Mining, was certified by QSNTS and on 8 December 2017 it was registered with the National Native Title Tribunal (NNTT). “

 

Editors notes:

In April 2017, Delia Kemppi, Lester Barnard, Lyndell Turbane, Adrian Burragubba and Linda Bobongi filed an Application in the Federal Court of Australia claiming that the certification of the W&J ILUA was void and of no effect and a declaration that the Registrar of the NNTT lacked jurisdiction to register the W&J ILUA. (Proceeding QUD194/17 against Adani, QSNTS, the State of Queensland and the NNTT (Kemppi Proceeding)).

In August 2018 the Federal Court handed down a decision in that case upholding the ILUA and found the claims made by Delia Kemppi, Lester Barnard, Lyndell Turbane, Adrian Burragubba and Linda Bobongi to be “without merit”.

Delia Kemppi, Lester Barnard, Lyndell Turbane, Adrian Burragubba and Linda Bobongi appealed the Federal Court’s decision.

This Kemppi Appeal was heard in May 2019 before the Full Court of the Federal Court.

On 12 July 2019 the Federal Court entirely dismissed the Kemppi appeal and awarded costs in Adani’s favour.