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UPDATE: 17 February 2014

Gomeroi Communities, Locals and Environmentalists succeed where Whitehaven Maules Creek fail 

Last week, the sixth anniversary of the National Apology, was acknowledged by holding a protest against Governments’ failed policies to protect Aboriginal culture and heritage and specifically, Minister Hunt’s failure to protect and Whitehaven’s desecration of burial and ceremonial sites.

Amanda Heard said “We almost cancelled the day, because our community are in Sorry Business (the passing of three members of our community). However, despite Sorry Business impacting on the representation on the Day. Families in mourning strongly encouraged Gomeroi Elders and community to continue with the day because of its importance.”

“We need the mine to do the right thing, We need to protect our culture and heritage before they continue to destroy it. We only get one shot at it.” Said Blonde Bennett

Following a march down Conadilly Street Gunnedah a flagship event was held at the Boggabri Park (opposite Whitehaven office) with the important signing of the Protection and Protocols Agreement between Gomeroi Elders, local community and environmental protection groups.

“We were gobsmacked at the pledges of partnership and sign up – some of the pledges include 350.org, Country Women’s Association – Maules Creek, Friends of the Pilliga , Frontline Action on Coal, Greenpeace Australia-Pacific, Lock the Gate Alliance,  Maules Creek Community Council,  Mary’s Mount Protection Alliance,  Mullaley Gas and Pipeline Accord,  Northern Inland Council for the Environment and The Wilderness Society. Some Maules Creek and Harparary farmers and landholders also signed up as individuals as well as Gomeroi Elders and community. The signatories will build up over time.

The Protection Protocols Agreement set out the protocols for protecting cultural heritage, lands and water and formalised the ways in which Gomeroi Elders and community will come together to protect what is jointly important to them, while differentiating between the signatories to the Agreement.

Respected Elder Uncle Dick Talbott “It was so great to have so many non-Aboriginal community and organisations want to sign an agreement with us.” “The common threat of open cut mining in a culturally and environmentally significant area such as the Leard State Forest has brought our communities together.- We are coming full circle.

Respected spiritual Elder Uncle Neville Sampson said “We are deeply hurt by Whitehaven Maules Creek Mr Paul Flynn’s comments on Thursday. As CEO of Whitehaven, his mocking of our protest and cynicism of numbers attending the march while our families are in mourning is just insensitive and deepening the relationship divide, His behaviour is disgraceful and just reflects his complete ignorance relating to the passing of Gomeroi family members and what this means for our families.

The community are disgusted in Mr Flynn’s behaviour  stating his statements particularly on the 6th Anniversary of the National Apology is shameful and disrespectful to our Elders and our community and our dead.  Some Elders were going to visit Whitehaven’s office on Thursday but after hearing his comments were too angry and upset.

Spokesperson Steve Talbott said “The reports he is toting as expert relating to our burials are significantly flawed and we are currently having them professionally reviewed.”  The message is simple “Mr Flynn – It’s not over yet.  Whitehaven will simply have to protect our burials and respect our Elders- our community demand it”.

Contact Dolly Talbott on behalf of the Gomeroi Traditional Custodians- Elders and community in Gunnedah   0413 131 983

Additional information

Gomeroi people as traditional owners have a unique cultural and spiritual connection and custodial rights and obligations to care for, access and protect the lands, waters, flora and fauna within Gomeroi County.

We especially have responsibilities and rights in relation to the protection of our ancestor’s burials, our sacred places including men’s areas, women’s areas, camping grounds and ceremonial places.

The Protection Agreement will also ensure that the protection of our culture and heritage will be integrated into any protection efforts of any party undertaking their democratic right to peaceful protest.

Respected spiritual Elder Uncle Neville Sampson shared his experience of seeing the Maules Creek mine site from a helicopter on Monday said- “It was devastating to see the damage being done to our sacred burials and ceremonial places from the sky; “They are tearing my country apart” –

Its now more than 104 days since we lodged an emergency sec 9 and sec10 ATSHIP application with Minster Hunt. After seeing the devastation from the air… we ask how can the Abbott and O’Farrell governments kid themselves and the broader community that they care and respect Aboriginal people and our culture?

Its now six years since the National Apology and for either government to say they give a damn and respect our people and working on improving policy and legislation which effects our people is farcical.  Both the State government and Federal Government have responsibilities and accountabilities to protect Aboriginal culture and heritage.  We just can’t understand how this is demonstrated.

Respected Gomeroi Elder, Dick Talbot said, “The common threat of open cut mining in a culturally and environmentally significant area such as the Leard State Forest has brought our communities together.- We are coming full circle.

Proud Gomeroi woman Dolly Talbott said It’s ironic that Whitehaven Coal has been the catalyst for such long overdue change and dialogue and perhaps finally some reconciliation and understanding of each other and healing between traditional and local land holders and farmers will result.

“The threat of mining – particularly Whitehaven Coal’s Maules Creek project — is making one positive community benefit that perhaps their EIS never recorded and assessed and their executive never imagined.

“We invite everyone to come along, bring their families and be part of this very special day. It’s fitting that the Protection Agreement is being signed on the anniversary of The National Apology.”

This special day marked the commitment by Gomeroi Elders and community and the non-Aboriginal community to collaborate and continue our campaign to protect our culture and heritage and continue to campaign for the environmental protection and future wellbeing of all our children.

 

UPDATE: 11 February 2014 

Gomeroi Elders, to mark the 6th anniversary of the National Apology by protest and historic reconciliation

On the sixth anniversary of the National Apology, this Thursday will mark both a day of protest against Minister Hunt’s failure to protect and Whitehaven’s desecration of burial and ceremonial sites and a day of historic reconciliation between Gomeroi Elders and community, local landholders and lead environmental groups.

Respected spiritual Elder Uncle Neville Sampson shared his experience of seeing the Maules Creek mine site from a helicopter on Monday said- “It was devastating to see the damage being done to our sacred burials and ceremonial places from the sky; “They are tearing my country apart” –

Its now more than 100 days since we lodged an emergency sec 9 and sec10 ATSHIP application with Minster Hunt. After seeing the devastation from the air… we ask how can the Abbott and O’Farrell governments kid themselves and the broader community that they care and respect Aboriginal people and our culture?

Its now six years since the National Apology and for either government to say they give a damn and respect our people and working on improving policy and legislation which effects our people is farcical.  Both the State government and Federal Government have responsibilities and accountabilities to protect Aboriginal culture and heritage.  We just can’t understand how this is demonstrated.

We invite all community to a Welcome to Country ceremony, followed by a peaceful protest rally, followed by the historic signing of a “Aboriginal Cultural Heritage and Environmental Protection Agreement” for the area threatened by the Maules Creek and Boggabri mines

When: commencing at 8:30am on the anniversary of the National Apology Thursday 13 February 2014.

Where: beginning at the Redchief Memorial, Abbott Street, marching to Wolsley Park Gunnedah

The procession will be followed by a convoy to the Park in Merton Street Boggabri (Opposite Whitehaven Office) for a BBQ lunch hosted by local landholders and community.

At the park, a flagship event will take place with the important signing of the Protection Agreement between Gomeroi Elders, local community and environmental protection groups.

The Protection Agreement will set out the protocols for protecting cultural heritage, lands and water and formalise the ways in which Gomeroi Elders and community will come together to protect what is jointly important to them, while differentiating between the signatories to the Agreement.

Gomeroi people as traditional owners have a unique cultural and spiritual connection and custodial rights and obligations to care for, access and protect the lands, waters, flora and fauna within Gomeroi County.

We especially have responsibilities and rights in relation to the protection of our ancestor’s burials, our sacred places including men’s areas, women’s areas, camping grounds and ceremonial places.

The Protection Agreement will also ensure that the protection of our culture and heritage will be integrated into any protection efforts of any party undertaking their democratic right to peaceful protest.

Respected Gomeroi Elder, Dick Talbot said, “The common threat of open cut mining in a culturally and environmentally significant area such as the Leard State Forest has brought our communities together.- We are coming full circle.

Proud Gomeroi woman Dolly Talbott said It’s ironic that Whitehaven Coal has been the catalyst for such long overdue change and dialogue and perhaps finally some reconciliation and understanding of each other and healing between traditional and local land holders and farmers will result.

“The threat of mining – particularly Whitehaven Coal’s Maules Creek project — is making one positive community benefit that perhaps their EIS never recorded and assessed and their executive never imagined.

“We invite everyone to come along, bring their families and be part of this very special day. It’s fitting that the Protection Agreement is being signed on the anniversary of The National Apology.”

This special day marks the commitment by Gomeroi Elders and community and the non-Aboriginal community to collaborate and continue our campaign to protect our culture and heritage and continue to campaign for the environmental protection and future wellbeing of all our children.

A ceremonial invitation will be released on Wednesday 12 February

Contact Dolly Talbott on behalf of the Gomeroi Traditional Custodians- Elders and community in Gunnedah   0413 131 983

 

UPDATE: 11 February 2014

Gomeroi Elders take to skies – witness to Whitehaven-Maules Creek desecration and Ministerial failure to protect

Gomeroi Elders with the assistance of local landholders and protectors of the Leard State Forest, took to the skies yesterday in the quest of gaining important evidence to demonstrate to Minister Hunt that the areas identified for protection under a section 9 (immediate temporary) and section 10 (permanent) protection under the Aboriginal and Torres Strait Islander Heritage Impact Protection Act now 100 days lodged without Ministerial determination are being destroyed and desecrated by Whitehaven Maules Creek.

Respected spiritual Elder Uncle Neville Sampson stated after viewing the destruction from the air first hand, spoke of his upset and disgust for the damage he witnessed via Helicopter

I can’t believe our burial areas- I can’t believe how close they went to our burial sites with the bulldozers, they have no respect it’s so hurtful and upsetting. It is now an imperative that we have access to our traditional lands and burial sites and undertake sacred ceremony. We simply cannot leave the area the way it is. Our ancestors need to be respected and healing needs to take place.

Aunty Louie Conlan spoke of the disgust she felt when she saw the images of the damage for herself …:.it’s so confronting when you see it all from the air when you see what they are doing. There is no respect for our culture,,, people working out there should be ashamed”.

Proud Gomeroi man David Horton stated “When I compare what the country looked like before Christmas till now it’s a disgrace. These areas should be protected and we are just ignored. Minister Hint needs to act and to act now”

We fear the Minister has failed us and our culture completely.

  • “It’s now been 100 days since our initial urgent application was sent to Minister Hunt’s office which was bounced between Minister Hunts Office and Senator Scullions Office then back to Minister Hunt (with confusion and Ministerial inaction raging for over 39 days).
  • v  Its now 48 days since we provided extensive additional documentation to detail further our application for our urgent sec 9 and 10 ATSIHP Act applications were provided to Minister Hunts office and
  • v  now a further21 days since our sec 18 ATSHIP Act urgent 48 hour stop works application was filed.    All without any stop neither works nor decision from the Minister.

We can’t understand what the Minster defines as urgent….as it sure isn’t how we define urgent. We dont understand what the Minister defines as threat- we would have thought the threat is obvious. We don’t understand what the Minister defines as Protection- as the damage we have seen from the air is devastating.

Whitehaven have been destroying and desecrating our sites by marginalising our concerns and values by siting that its community politics they are having to manage…while ramping up the destruction works in undetermined protection areas.  We fear that Whitehaven are taking advantage of the indecision of the Minister, we are fearful by the time a decision is made it will all come a little too late. The system seems to be stacked against us.

If Whitehaven think that that they are protecting our sites, then allow access for our Elders and community to undertake ceremony and inspect these sites.  They say they are operating ethically, well lets ground truth this. Our community would welcome to be found to be wrong…but from what we have seen from the cockpit of the helicopter ….we hold little hope for anything to be left.

Our Elders were visibly upset yesterday when they returned from seeing what Whitehaven have been doing to our County. We will be providing footage of the destruction to the Ministers office.

One of the most important aspects of the ATSIHP Act is that protection is given on the basis of a threat of injury or desecration. Section 3(2) of the ATSIHP Act states that:

For the purposes of this Act, an area or object shall be taken to be injured or desecrated if:

(a) in the case of an area:

(i) it is used or treated in a manner inconsistent with Aboriginal tradition;

(ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or

(iii) passage through or over, or entry upon, the area by any person occurs in a manner inconsistent with Aboriginal tradition; or

(b) in the case of an object – it is used or treated in a manner inconsistent with Aboriginal tradition;

and references in this Act to injury or desecration shall be construed accordingly.

Over 190 Gomeroi Elders and Gomeroi Traditional Owner applicants which comprise the Gomeroi Traditional Custodians strongly assert that our application is legitimate and the threat is real….We have already had our women’s site destroyed by the bulldozers under the hands of Whitehaven.

We simply can’t understand why the Minister will not declare a temporary urgent stop works so that our application for protection can be deliberated properly.  We are gobsmacked that he is inferring that a decision could not be made and is delayed because of Gomeroi peoples inaction in provision of documentation is disingenuous.

Elders state that: We are not asking for any favours here we are just wanting procedural fairness and the right to be able to have our application considered properly.  Our Elders believe we should be provided with the opportunity to discuss and clarify our application with the Minister or a mediator /assessor in order that the Minister can make a determination before it’s all too late.

Our ancestors’ burials. Ceremonial and camping sites including watering hole deserve protection and protection under the ATSHIP Act.

Contact Dolly Talbott on behalf of the Gomeroi Traditional Custodians- Elders and community in Gunnedah   0413 131 983

 

 

By Margo Kingston @margokingston1
6 February, 2014

http://www.youtube.com/watch?v=_lC7PA9G3Vs

On 19 January coal mining companies Boggabri Coal defaced a Scar Tree while bulldozing for a coal rail line across the Namoi River, a joint venture with Whitehaven Coal. Before felling an ancient River Red Gum after police arrested Susie Russell for trying to stop it they painted two white stripes on the wood inside the tree’s ‘scar’, wood traditional used by Aborigines to make canoes.

Elder Dolly Talbot immediately complained to the NSW Department of Planning and Infrastructure, which issued a stop work order around the the tree the next day, began an in investigation and sought a please explain from Boggabri Coal for possible breach of its Cultural Heritage Management Plan (CHMP).

The Gomeroi have also tried without success to get help from EnvironmentMinister Greg Hunt to protect get their sacred sites in the Leard State Forest, much of which Whitehaven Coal will clear feel for its open cut mine

Distressed at Mr Hunt’s delay in considering the matter members of the Gomeroi plan to travel NSW garnering support for their cause.

Here is a statement by the Gomeroi people given to No Fibs.

[dropshadowbox align=”none” effect=”lifted-both” width=”650px” height=”” background_color=”#ffffff” border_width=”1″ border_color=”#dddddd” ]Gomeroi Elders and community call Minster Hunt to exercise section 13 of the ATSHIP Act to resolve ministerial indecision to protect Gomeroi burials and sacred sites.   Gomeroi Elders and community urgently request Minister Hunt to enact section 13 of the Aboriginal Torres Strait Islander Heritage Impact Protection Act (ATSHP ACT) to ensure natural justice is applied to Ministerial decision making. Under the Act, a section 13 makes provision for the Minister to ask a person (e.g. a professional mediator) to assist in resolving matters related to our application. The aim of this provision is to ensure that Gomeroi Elders and community as the applicant and the Minister are satisfied with the resolution of matters relating to the application.

  • “It’s now been 95 days since our initial urgent application was sent to Minister Hunt’s office which was bounced between Minister Hunts Office and Senator Scullions Office then back to Minister Hunt (with confusion and Ministerial inaction raging for over 39 days).
  • It’s now 43 days since we provided extension documentation to detail further our application for our urgent sec 9 and 10 ATSIHP Act applications were provided to Minister Hunts office and
  • It’s now a further 16 days since our sec 18 ATSHIP Act urgent 48 hour stop works application was filed. All without any stop neither works nor decision from the Minister.

  Whitehaven have been destroying and desecrating our sites by marginalising our concerns and values by siting that its community politics they are having to manage…while ramping up the destruction works in undetermined protection areas. We fear that Whitehaven are taking advantage of the indecision of the Minister, we are fearful by the time a decision is made it will all come a little too late. The system seems to be stacked against us.

One of the most important aspects of the ATSIHP Act is that protection is given on the basis of a threat of injury or desecration. Section 3(2) of the ATSIHP Act states that: For the purposes of this Act, an area or object shall be taken to be injured or desecrated if: (a) in the case of an area:

  (i) it is used or treated in a manner inconsistent with Aboriginal tradition;

  (ii) by reason of anything done in, on or near the area, the use or significance of the area in accordance with Aboriginal tradition is adversely affected; or   (iii) passage through or over, or  entry upon, the area by any person occurs in a manner inconsistent with Aboriginal tradition; or

(b) in the case of an object – it is used or treated in a manner inconsistent with Aboriginal tradition;

and references in this Act to injury or desecration shall be construed accordingly.

Over 190 Gomeroi Elders and Gomeroi Traditional Owner applicants which comprise the Gomeroi Traditional Custodians strongly assert that our application is legitimate and the threat is real….We have already had our women’s site destroyed by the bulldozers under the hands of Whitehaven.

We simply can’t understand why the Minister will not declare a temporary urgent stop works so that our application for protection can be deliberated properly. We are gobsmacked that he is inferring that a decision could not be made and is delayed because of Gomeroi peoples inaction in provision of documentation is disingenuous.

Elders state that: We are not asking for any favours here we are just wanting procedural fairness and the right to be able to have our application considered properly. Our Elders believe we should be provided with the opportunity to discuss and clarify our application with the Minister or a mediator /assessor in order that the Minister can make a determination before it’s all too late.

Our ancestors’ burials. Ceremonial and camping sites including watering hole deserve protection and protection under the ATSHIP Act.

Background information

Gomeroi Elders and community recently read with some disbelief that Minister Hunts office would claim to ABC radio that the delay in determining an urgent sec 18 and sec 9 and sec10 Aboriginal and Torres Strait Islander Heritage Impact Protection Act- urgent stop works orders have not been determined due to Gomeroi delay in provision of information.

We seriously think the ABC must have misunderstood Minister Hunt’s media release 29 January 2014. Minister Hunt was provided with our urgent application for protection of burial and sacred places on the 14 November 2013, we then provided extensive documentation on the 24 December 2013 followed by a further application for emergency 48 hours stop works orders under a section 18 on the 21 January. To infer that a decision could not be made because they were awaiting the information provided on the 21 January is disingenuous.

The ABC statement also said that the Ministers office was consulting- We cannot understand this statement as we have not been consulted – We have requested a ten minute phone call with our Elders and Minister Hunt’s office has advised that the Minister is too busy…yet there is a claim he is consulting? We just want to have the rights afforded others to be applied to us…..its our culture and our loss…and once the infrastructure and open cut mine start earth moving …we have lost it all.  [/dropshadowbox]

See also:

The Whitehaven Maules Creek saga: The Gomeroi People respond [opinion]