Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I thank the senator for her question. I am advised that the federal government will carefully consider the matters raised in the request for it to protect Aboriginal sites and objects within the Fortescue Metals Solomon Hub project area. Under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, the environment minister can make declarations to stop activities that could injure or desecrate areas and objects that are of particular significance in accordance with Aboriginal tradition.

I am advised that some Yindjibarndi people have asked Minister Burke to use emergency powers under that act to prevent what they claim is the destruction of sacred sites at the Fortescue Metals Solomon Hub project in the Pilbara. The federal environment department will carefully consider the matters raised in that request. As part of the legal process, all interested parties will be consulted to provide natural justice. This will include giving traditional owners, native title holders and the company the opportunity to comment on the evidence that will come before Minister Burke for a decision.

As the application is the subject of a legal decision-making process, it would not be appropriate to comment on the issue further. That includes commenting on specific documentation which may be relevant to the matters raised in the request. Minister Burke will make a decision on the matter when he receives advice from his department. I am advised that the government is not in a position at this point to set a time line for how long that process may take. However, given that the application involves substantial documentation, it will take some time to carefully consider the matters raised. I understand that Minister Burke has agreed to meet with the traditional owners to listen to their concerns.