CORRECTION TO GAZETTE NOTICE –

Notice of an application for the protection of significant traditional areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia.

This notice corrects information in Gazette - C2018G00981 published on 10 December 2018. The original notice, in setting out the matters the report under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) is required to deal with, did not name the correct state law applicable in paragraph (g). The correct state law is included in the notice below. This notice also extends the period for submission of representations from 18 January 2019 until 25 January 2019.

A complete copy of the notice, as amended, is produced below:

 

Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

Notice of an application for the protection of significant traditional areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia.

Invitation to make representations

I, Susan Phillips, hereby give notice as follows:

The Minister for the Environment, responsible for the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) (the Act), has received an application made under section 10 of the Act. The application is seeking long term preservation and protection of significant Aboriginal areas located within the proposed development footprint of the Perth Aiport New Runway Project, Perth, Western Australia, and appointed me to provide a report to her under section 10(1)(c) of the Act.

The application is made by Mr Wayne Nannup, Chief Executive Officer, South West Aboriginal Land and Sea Council, on behalf of the Whadjuk traditional custodians, who form part of the Noongar nation of people in the South West of Australia.

The application seeks the preservation or protection of the area specified in the application, shown at Figure 1 below, from injury or desecration. Section 10 of the Act enables the Minister to decide whether to make a declaration to preserve and protect the specified area, if the Minister is satisfied that the area is a significant Aboriginal area and is under threat of injury or desecration. In the Act, the term ‘significant Aboriginal area’ refers to an area that is of particular significance to Aboriginal people in accordance with Aboriginal tradition. Section 3 of the Act provides definitions of ‘significant Aboriginal area’ and other relevant terms including ‘Aboriginal tradition’ and ‘injured or desecrated’. The area specified for protection, the claimed significance of the area, and the claimed nature of the threat of injury or desecration are set out below.

The Minister will consider my report under section 10 of the Act in relation to the area specified for protection before deciding whether to make a declaration. Under section 10(4) of the Act, the report is required to deal with the following matters:

(a)           the particular significance of the area to Aboriginal people;

(b)           the nature and extent of the threat of injury to, or desecration of the area;

(c)            the extent of the area that should be protected;

(d)           the prohibitions and restrictions to be made with respect to the area;

(e)           the effects the making of a declaration may have on the proprietary or pecuniary interests of persons other than the applicants on whose behalf the application is made;

(f)             the duration of any declaration;

(g)            the extent to which the area is or may be protected by or under a law of a State or Territory, and the effectiveness of any remedies available under any such law; and

(h)           such other matters (if any) as are prescribed.

 

The area sought to be protected (the 'specified area')

The Applicant specifies two areas for which protection is sought as traditional areas located within and near the proposed Perth Aiport New Runway Project, Perth, Western Australia. These include:

Map showing the specified area Munday Swamp and Munday Swamp Poison Gully

Figure 1: Map showing the specified area near Perth Airport, Perth, Western Australia.

Claimed nature of particular significance

The application indicates that the particular significance of the specified area arises from Whadjuk people’s obligations under Noongar Lore as follows (summarised version of the Applicant’s claims):
 

 

Claimed threat of injury or desecration

The Application states that the specified area would be injured or desecrated by the proposed Perth Airport New Runway Project, which includes the construction of a new runway, runway end safety area, associated taxiways, drainage infrastructure and aviation equipment such as the High Intensity Approach Lighting. The Application asserts that the new runway will be constructed in part on, or adjacent to, the Specified Areas.

Invitation to make representations

Interested persons are invited to make representations on this matter to:

Susan Phillips
Barrister
13th Floor, St James Hall
169 Phillip Street
SYDNEY NSW 2000

Ph: 02 9335 3063
Fax: 02 9237 0895
Email: phillips@stjames.net.au

Representations must be made in writing by close of business 25 January 2019 or within such further period as may be allowed. You should not send your representations directly to the Minister.

If you wish to claim confidentiality over any part of your representation, please identify why you are claiming confidentiality and how you want confidentiality to apply. All representations, whether or not they are provided in confidence, will be provided to the Minister for the Environment and the Department of the Environment and Energy, along with the section 10 report. Representations, even those subject to confidentiality, may be disclosed where it is authorised or required by law, to meet procedural fairness requirements, and in response to a request by a House or Committee of the Parliament of the Commonwealth.