Murujuga Aboriginal Corporation (MAC) is confident that concerns about a ‘No Objections’ clause in in the 21-year-old Burrup Maitland Industrial Estate Agreement will be resolved through an innovative approach to agreement making that MAC is leading.
Speaking after addressing a Senate Environment and Communications Legislation Committee inquiry hearing in Perth this week, MAC CEO Kim Wood confirmed that MAC’s position is that clause 4.8 in the BMIEA is offensive and outdated.
“The ‘no objections’ clause was of its time and is something that would be unlikely to be included in any Indigenous agreement entered into with the current State Government,” Mr Wood said.
“All levels of government are demonstrating a better way to resolve MAC’s concerns.
“We are positive that clause 4.8 will be overtaken or nullified one way or other through the Strategic Agreement Making (SAM) Project that MAC is leading, with support from all levels of government and the main industry organisations active on Murujuga.
“The agreement-making project is aligned with the United Nations Declaration on the Rights of Indigenous Peoples and the principle of free, prior and informed consent.
“Support for it was confirmed through the Statement of Intent signed by the Federal Environment Minister, Premier of Western Australia and State ministers, and CEOs at the City of Karratha, Rio Tinto, Woodside, Yara Pilbara, Perdaman and Horizon Power in February.
“The Statement of Intent commits the signatories to follow UNDRIP and FPIC principles to consensually form a Heads of Agreement, and ultimately individual bilateral contracts with industry, that will place MAC on an equal footing in future decision-making about land use on Murujuga country.
“We expect that this in turn will see a range of individual consensual contracts with industry that take precedence over clause 4.8 in the BMIEA.
“Currently, clause 4.8 prevents MAC from objecting to development proposals for sites in the Burrup industrial estate that were identified for industry use by the BMIEA, although it has never stopped MAC from accessing State and Commonwealth legislation to object to damage, destruction or any deleterious impact to cultural heritage values within any development footprint on Murujuga.”
More islands transferred
This week, WA Premier Roger Cook advised MAC that the State Government will transfer several small islands, including Low, Sandy, Intercourse and West Mid Intercourse islands, to the Dampier Archipelago islands reserve network for future joint management by MAC.
This news follows the transfer, earlier this month, by the Premier of a large, 2,300 hectare island, called West Intercourse Island, to the island reserve network for future joint management by MAC.
In 2023/24, the State Government transferred 254ha of undeveloped land previously earmarked for industry on the Burrup Peninsula to MAC for future inclusion in the Murujuga National Park.
This followed the transfer of 221ha of undeveloped land on the Peninsula, known as Site L, to MAC, in 2019.
Photo (credit Murujuga Aboriginal Corporation): MAC Members including Elders, Rangers and Chairperson Peter Hicks celebrate the transfer of West Intercourse Island on 11 August 2024, with Premier Roger Cook, Environment Minister Reece Whitby and Member for Pilbara Kevin Michel.