Fortescue facing probe over fresh Aboriginal heritage site bungle

Fortescue Metals chief executive Elizabeth Gaines has apologised after the iron ore miner cleared land on a cultural heritage site in Western Australia without the presence of elders in an apparent breach of an agreement with traditional landowners.

The Andrew “Twiggy” Forrest-backed miner had been given permission from Western Australia’s Aboriginal Affairs Minister Ben Wyatt to clear land in the Weelamurra Creek area, sacred to the Wintawari Guruma people, on the condition that community elders were present to observe and salvage artefacts. But an administrative error led to land-clearing works being conducted on February 1, sooner than scheduled and in the absence of representatives, Fortescue chief executive Elizabeth Gaines said in a statement.

Fortescue has apologised to an Aboriginal group for clearing land on a heritage site without community representatives present.
Fortescue has apologised to an Aboriginal group for clearing land on a heritage site without community representatives present.Credit:AP

“I have spoken to Wintawari Guruma Aboriginal Corporation (WGAC) chairman Glen Camille regarding this incident to personally express my regret and sincere apology on behalf of Fortescue,” she said.

“We have carried out a full investigation into the matter which has shown that this unfortunately occurred as a result of an administrative error and the results of the investigation have been shared with WGAC.”

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Officials from WA’s Department of Planning, Lands and Heritage are investigating whether the clearing was in violation of the Aboriginal Heritage Act.

“I have been advised by the Department of Planning Lands and Heritage that an alleged breach of the Aboriginal Heritage Act is currently under official investigation,” Mr Wyatt said.“The matter is being treated very seriously and with utmost priority by the department,” Mr Wyatt said. “I trust that the investigation will be managed expeditiously and concluded swiftly.”

The incident comes amid escalating scrutiny of iron ore miners’ treatment of First Nations peoples and sites of cultural significance after Rio Tinto blew up 46,000-year-old rock shelters in Western Australia’s Juuan Gorge last year. This week it emerged that BHP is investigating the cause of a rock fall that damaged a registered site at its South Flank operations in January.

The Juukan Gorge disaster, which eventually led to the resignation of former chief executive Jean-Sebastien Jacques, led to a joint federal parliamentary inquiry which has recommended measures including a pause on all permits issued under the WA Aboriginal Heritage Act to impact significant heritage sites, and for all existing permits to be reviewed.

Fortescue has since paused all clearing works at the Weelamurra Creek site, Ms Gaines said, “as we work with WGAC on the matter”.

The clearing works were suspended within 3.5 hours as soon as the error was identified and the miner self-reported the incident to the WGAC and the state Department of Planning Lands and Heritage.

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