Native title holders in the Kimberley say the WA government’s decision to prosecute a Chinese company accused of illegal clearing with a ‘letter of warning’ is an act of disrespect.
Key points:
- Traditional owners say the decision to only issue a Chinese company accused of clearing sacred sites in the Kimberley is disappointing
- Zenith Australia Investment Holdings was issued a letter of warning by the WA government last month over the 2019 bulldozing
- The Kimberley Land Council says the decision not to fine the company is representative of a ‘lack of will’ to prosecute
Zenith Australia Investment Holdings came under fire in 2019 over bulldozing 120 hectares of land on the Yakka Munga Station lease, near Derby, over the course of a fortnight.
Nyikina Mangala traditional owners blockaded the station gates, and the WA government issued a stop-work order and began an investigation into the company’s actions.
A three-year-long probe followed, with Zenith ordered to begin remedial work at the site and start revegetating patches of bushes it destroyed.
But Walalakoo Aboriginal Corporation chief executive Robert Watson said the damage was done.
Traditional owners said they lost significant sites during the bulldozing, including ancient trees and termite mounds that housed the bones of their ancestors.
“After all this time, you think that the decision-makers and these industry groups — the pastoralists and agriculturalists — would have a better understanding at this point,” Mr Watson said.
Last month, the Department of Water and Environmental Regulation confirmed it finished its long-running investigation and had opted to give Zenith a ‘letter of warning’.
The department confirmed it had notified Zenith and stakeholders in March of the outcome.
The Kimberley Land Council’s chief executive Tyronne Garstone said the decision not to prosecute Zenith within the full extent of the Environmental Protection Act was ‘inadequate and unacceptable’.
“We continue to see government acting in favour of industry and not in the best interests of Aboriginal people,” Mr Garstone said.
Mr Watson said the decision went beyond just the impact on the Nyikina Mangala people, and showed attitudes towards both the protection of cultural heritage and the environment.
“To not reprimand that company, it really sends the wrong message to any other developer going forward,” he said.
Mr Garstone said the decision of the department was another example of the WA government’s ‘lack of will to prosecute’.
“One of the promises the WA government made to Australia when the new Aboriginal cultural heritage bill was introduced last year was there would be larger fines issued to companies who damaged Aboriginal heritage sites,” he said.
“New laws and promises of tougher penalties are pointless when there is an ongoing failure by the WA government to appropriately exercise the powers they have to investigate and penalise industry for cultural heritage offences.
The Kimberley Land Council has previously expressed criticism of the new Aboriginal cultural heritage law, which they said would not go a way towards fixing current issues with the old legislation.
Zenith was contacted for comment.
