‘Inadequate and unacceptable’: KLC slams State Government response to illegal land clearing at Yakka Munga

One of the Kimberley’s most prominent Aboriginal corporations has slammed the State Government’s lack of willingness to prosecute Chinese company Zenith Investment Holdings for the illegal clearing of land at Yakka Munga. On June 6, 2019, the Department of Water and Environmental Regulation was informed by local groups of works being carried out on Yakka Munga Station. After investigation, DWER found about 120ha of native vegetation had been cleared in contravention of section 51c of the Environmental Protection Act. The findings led to a three-year investigation, finalised last week. As a result, DWER elected to send a letter of warning to Zenith Investment Holdings with no further penalty. It’s a move Kimberley Land Council chief executive Tyronne Garstone said was disappointing and concerning for the future. “The decision by DWER to only issue a ‘letter of warning’ to Zenith Investment Holdings is inadequate and unacceptable,” he said. “We continue to see governments acting in favour of industry and not in the best interests of Aboriginal people. “Australia is continuing to see the destruction and loss of irreplaceable Aboriginal heritage.” The decision comes after the State Government last year made a commitment to improving the protection of Aboriginal culture and heritage through the new Aboriginal Cultural Heritage Act. Mr Garstone said the decision at Yakka Munga was an example of a ‘broader issue’ within government, which was a lack of will to penalise industry. “One of the promises the WA Government made to Australia when the new Bill was introduced last year was there would be larger fines issued to companies who damaged Aboriginal heritage sites,” he said. “New laws and promises of tougher penalties are pointless when there is an ongoing failure by the WA Government to appropriately exercise the powers they have to investigate and penalise industry for cultural heritage offences. “This will continue to happen time and again if the WA Government is not prepared to use the powers available to it to protect cultural heritage and penalise offenders.” Yakka Munga sits within the Walalakoo Native Title Area. Traditional owners have protested against the land clearing and fought hard to protect the site. Walalakoo Aboriginal Corporation chair and Nyikina Mangala traditional owner Robert Watson said each time the Government failed to appropriately penalise industry, the State enabled rather than prevented the destruction of Aboriginal land and heritage. “When industry is in clear breach of heritage and environmental laws they should be charged as such,” he said. “We want to see the Government enforcing heavy penalties so that legislation is held to the highest standard and the destruction of our heritage stops.” In response to the Kimberley Land Council’s statements, Environment Minister Reece Whitby said Zenith Mining had done the wrong thing and over the past three years had been required to conduct “extensive” vegetation and soil rehabilitation of the site at “considerable” cost to the company. “The company’s rehabilitation responsibilities and payment of costs associated with the site are also required to continue into the future,” he said. “It has been made to incur the imposition of these costs over a number of years for no gain to the business. “While matters of compliance and enforcement sit with the Department of Water and Environmental Regulation, I am advised that Zenith has complied with remediation of the site within required time frames” Mr Whitby said the State Government was committed to protecting and enhancing WA’s environmental heritage values and assets and to ensuring positive outcomes for Aboriginal people and communities.