❓ Hon Robin Chapple questions the Minister for Aboriginal Affairs regarding Fortescue Metals Group's (FMG) alleged refusal to follow recommendations from the Aboriginal Cultural Material Committee (ACMC) concerning its Solomon mining project. The Minister confirms the letter was sent and states proponents must provide information to the ACMC, and are expected to consult respectfully with traditional owners.
AnsweredQoN 1340Legislative Council
QuestionView source ↗
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?
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?
AnswerView source ↗
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.
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.
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