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Parliamentary Questions


Question Without Notice No. 1340 asked in the Legislative Council on 25 November 2020 by Hon Robin Chapple

Parliament: 40 Session: 1

ABORIGINAL CULTURAL MATERIAL COMMITTEE — FORTESCUE METALS GROUP

1340. Hon ROBIN CHAPPLE to the minister representing the Minister for Aboriginal Affairs:

I refer to the letters sent to the Department of Planning, Lands and Heritage by Green Legal on behalf of Fortescue Metals Group about its Solomon mining and infrastructure project phase 5, outlining FMG's refusal to follow the recommendations of the Aboriginal Cultural Material Committee.

(1) Can the minister confirm that the letter from Green Legal, written on 22 April, states, according to my notes, ''The ACMC does not have power under the [Aboriginal Heritage Act (1972)], or otherwise, to direct FMG (or any owner of land) to complete any Action � FMG does not intend completing the Actions''?

(2) Is it standard practice for proponents to reject or refuse an action proposed by the ACMC about consultation with traditional owners?

(3) Is it standard practice for proponents to influence the decisions or actions of the ACMC?

(4) If no to (2), does the minister consider this refusal to be good practice, generally, by proponents?

(5) If no to (4), will the minister intervene in his capacity as Minister for Aboriginal Affairs?

Hon STEPHEN DAWSON replied:

I thank the honourable member for some notice of the question. The following answer has been provided to me by the Minister for Aboriginal Affairs.

(1) I am advised that Green Legal, on behalf of Fortescue Metals Group, wrote to the Registrar of Aboriginal Sites as outlined in the honourable member's question.

(2) No.

(3)–(5) Proponents are required to provide information to the Aboriginal Cultural Material Committee so that it can undertake its responsibilities under section 18(2) of the Aboriginal Heritage Act 1972, which includes determining whether there are any Aboriginal sites on the land, the importance and significance of any such sites, and making a recommendation to the Minister for Aboriginal Affairs about whether consent should be granted and about any conditions. The ACMC undertakes its functions diligently and in good faith. The minister has previously expressed his expectations, both publicly and directly to proponents, that proponents will consult and engage respectfully and constructively with traditional owners on the identification, protection and management of Aboriginal cultural heritage.