Waanyi and Alyawarrr elders have told a Mount Isa inquiry into the destruction of caves in Western Australia the same thing could easily happen in North West Queensland at their cultural sensitive Magazine Hill site.
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The Joint Standing Committee on Northern Australia joint committee met in Mount Isa on May 4 to discuss the destruction of 46,000-year-old caves at the Juukan Gorge in WA.
They heard from Kevin Cairns, Gilbert Corbett, Barry Dick, Clarence Walden and Glen Willetts who spoke on behalf of the Waanyi and Alyawarrr people of North West Queensland.
The Waanyi people gained native title to the region in 2010 but the determination excluded Century Mine.
Magazine Hill is situated inside the Century Mine mining leases near the open cut pit. A rock shelter site located on the hill is of cultural significance to the Waanyi People.
Mr Willetts said the meeting was about protecting and preserving their culture and a significant site on their land which has been developed over the years by various owners of Century mine through the Gulf Communities Agreement between the Waanyi, Mingginda, Gkuthaarn and Kukatj Native Title groups, the State of Queensland and Century Zinc Limited now owned by New Century Resources.
"When the agreement was first signed over 27 years ago, it was noted that Magazine Hill will be preserved and protected from the mining companies, regardless of which mining company comes in," Mr Willetts said.
"When we did the cultural awareness studies back then, we had numerous archaeologists that came in over the years to help us as Indigenous people to excavate, to document and to put a time on how old that cave was."
"All the archaeologist findings were that that place was of significant value to all Aboriginal people."
Mr Willetts said they brought in all their senior elders from the community.
"They say we must protect and preserve Magazine Hill, as it was not only in the best interest of Waanyi people but was a storyline that connected into the Central Desert, which is where my brother in law, Gilbert, has come from as a senior law man," he said.
"We were told by our elders back then that it's in the best interests of all Aboriginal people, not just Waanyi people, as it had that connection to the desert".
Mr Willetts said that over the years, the mining companies changed hands but every other mining company that came in has respected that decision until recently when New Century took over the lease when MMG finished in 2015, to mine the tailings from the ore body.
"It then came about that they started discussing with their shareholders or whoever it was that there was an ore body left on Magazine Hill that they wanted to mine," he said.
"When we negotiated with the previous mining company they designed the pit so that Magazine Hill would never be disturbed. They explained to us back then that there was a fault line there and they concerned about this fault line. They said, 'We've got the best engineers in the country. We can design the pit, extract the ore and still protect a significant site.' On that agreement, the mining company proceeded forward."
Mr Willetts said New Century is now telling them there's a part of the ore body left at Magazine Hill, and they want to extract that.
Clarence Walden said all they wanted to do is keep it because it belongs to them.
"We have a lot of sacred sites that have been destroyed all over the countryside," Mr Walden said.
"The people who came in there to clean up went in there to mine, not to clean up. They're the biggest thorn in our side at the moment, the mining companies that want to desecrate Aboriginal heritage."
No mining has yet to occur at the South Block prospect which has the potential to impact Magazine Hill.
In their submission to the Inquiry, New Century Resources said the Gulf Communities Agreement contemplated that Magazine Hill might be affected by mining at Century but contained provisions for further investigation and consultation with the Waanyi People before mining could proceed.
"In addition to being a place of cultural significance, there was a known geological fault line running through the rock mass at Magazine Hill," NCR said.
"For these reasons, none of the owners of Century Mine has regarded the decision to mine in the vicinity of Magazine Hill as straightforward."
When NCR bought the resource in 2017 they commissioned fresh geotechnical investigations which determined the rock mass of Magazine Hill was at risk of damage from historical mining activities.
They said the best option to address the instability was to excavate and remove the hill and buttress the pit wall.
"NCR determined to seek views of Waanyi People and, if consent was provided, have that consent recorded in a cultural heritage management plan in accordance with the ACH Act," the company said.
The issue for the elders at the Mount Isa inquiry was that the company made the agreement with the Waanyi PBC (Prescribed Body Corporate) whereas the elders represent the Waanyi Advancement League who say they have been excluded from negotiations.
When asked by Senator Lydia Thorpe about what should happen with PBCs, Mr Walden was unequivocal.
"Get rid of them and go back to the old people who run the show, the native title holders," he said.
"The people who own the land should sit at the table and discuss all their matters."
Get rid of them and go back to the old people who run the show, the native title holders. The people who own the land should sit at the table and discuss all their matters."
New Century Resources acknowledged there was dissention among the Waanyi people but said it does not undermine the consent the PBC gave for mining in the area.
"NCR has started detailed investigations into the potential mining of the South Block resource which, as noted, is situated immediately adjacent to Magazine Hill," they told the inquiry.
"These investigations include geotechnical assessment and mine design with a view to potentially being able to mine the zinc resource without interfering directly with Magazine Hill. Not interfering with Magazine Hill is NCR's preference, and this option is being thoroughly investigated."
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