Sacred Springs Face Legal Battle: Cultural Custodians Take on Queensland Government
A significant legal showdown is set to unfold in the Supreme Court of Queensland, as the state government faces a challenge from Indigenous cultural custodians over the protection of a sacred site in the Galilee Basin. The Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians initiated legal action against the Queensland government two years ago, asserting that the Department of Environment has fallen short in its duty to safeguard the Doongmabulla Springs.
These vital wetlands, nestled between Mackay and Winton in central Queensland and situated near the Carmichael River, hold profound cultural and spiritual significance for the traditional owners. The custodians have voiced grave concerns that ongoing operations at the Carmichael coal mine have adversely affected the water levels and overall quality of the springs. Consequently, they have demanded a thorough investigation into these alleged damages.
The legal journey has seen a pivotal moment. In January, the full bench of Queensland’s Court of Appeal delivered a favourable ruling for the cultural custodians, upholding their appeal. This decision afforded the government a 28-day window to consider whether it would pursue leave to appeal to the High Court. That deadline has now elapsed without further action from the state government.
Custodians’ Concerns and Allegations
Senior cultural custodian Adrian Burragubba expressed his satisfaction that the matter will now proceed to a formal court hearing. He levelled accusations against the state government, alleging a failure to uphold its environmental obligations.
“They issued the environmental protection conditions on the mine, they refused to act on the evidence of harm, and spent two years trying to shut us down,” Mr Burragubba stated, highlighting the perceived inaction and obstruction from the government.
Representatives from Queensland’s Department of Environment, Tourism, Science and Innovation have declined to comment on the ongoing legal proceedings. It is important to note that Bravus Mining and Resources, the entity operating the Carmichael coal mine, is not a direct party in these legal battles.
A Landmark Decision for Human Rights
The cultural custodians view the Court of Appeal’s judgment as a monumental victory, asserting that it confirms the enforceability of Aboriginal cultural rights under Queensland law.
“This is a huge breakthrough,” Mr Burragubba declared, underscoring the broader implications of the ruling.
Following the court’s decision, the Queensland Human Rights Commission, which participated as an intervener in the appeal, commented on the clarity the judgment brings regarding the consideration of human rights in legal contexts.
The Queensland Human Rights Act empowers the commission to provide independent advice in court cases that touch upon human rights issues.
“The Court of Appeal’s decision recognises that human rights protected by the Human Rights Act are real and enforceable,” commented Queensland Human Rights Commissioner Debbie Platz. She further added, “There should be greater legal clarity and fewer technical legal barriers in similar matters.”
What Lies Ahead
With no further appeals lodged, the case is now firmly set for a trial in the Supreme Court. While hearing dates are yet to be confirmed, the upcoming proceedings are expected to delve deeply into the government’s role in environmental protection and the recognition of Indigenous cultural rights. This legal battle is poised to set significant precedents for the enforcement of human rights and the protection of sacred Indigenous sites across Queensland. The outcome will be closely watched by Indigenous communities, environmental advocates, and legal experts alike.
