The GLSC has written to the State Government seeking a commitment to fast track its consideration of new claims that are likely to emerge in the aftermath of the recent Wongatha judgement, with a view to reaching consent determinations.

The GLSC is also seeking measures for ensuring ongoing Aboriginal heritage protection up to the time the new claims are lodged.

“A new, cooperative approach by the State and Aboriginal people to settling claims by negotiation and agreement is now more urgent than ever. This is important for all stakeholders, including the mining industry,” said Executive Director Brian Wyatt.

GLSC will also be approaching key industry groups for support for a fresh approach.

The inconclusive Federal Court judgment last February from the 5-year-long Wongatha trial has been widely interpreted as meaning native title rights could well be established in the north-east Goldfields through new, smaller claims. Claimants represented by the GLSC have decided not to appeal the judgement but remain keen to pursue their native title rights through the lodgement of new claims.

“In the meantime, the State Government and the mining industry need to ensure that best-practice heritage protection measures are in place, despite the temporary absence of native title claims.

“A commitment by the State and industry is needed in order to avoid the situation where people feel the only way to get their heritage concerns addressed is by hastily lodging a myriad of claims before adequate research and consultation has been undertaken. This would likely lead to a wave of complications for miners and government and become an administrative nightmare. 

“It would also add to the years of uncertainty already suffered by all parties; inflict significant additional litigation costs on everyone; and risk further erosion of relationships between government, industry and Aboriginal people.

“The GLSC seeks State Government cooperation to ensure that well considered and researched new claims don’t have to go to trial, but instead are settled beforehand through a fast-tracked consent determination process,” Mr Wyatt said.

In his 5^th February judgement Judge Lindgren commented that litigation was not the preferred route: ‘Several times during the hearing I encouraged the parties to attempt to find a solution by mediation … I do not know or wish to know why mediation failed. I will only say that it is to my mind sad that the matter has had to be resolved by an imposed solution,’ Justice Lindgren said.  

Media Contact:  Brian Wyatt 0417 970413;    David Berry 0417 963089, 9263 8715