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Traditional owners in Western Australia's Pilbara have called for a state government inquiry into Fortescue Metal Group's (FMG) Solomon Hub iron ore mine over cultural and environmental concerns.
It is the latest battle in the ongoing dispute between the Pilbara's Yindjibarndi Ngurra Aboriginal Corporation (YNAC) and Andrew Forrest's FMG.
Solomon Hub, which was given state environmental approvals in 2011, operates "without adequate protection of cultural heritage" according to YNAC, which holds exclusive native title rights over the area.
Yindjibarndi man and YNAC chief executive Michael Woodley said Solomon Hub had been a "source of ongoing hurt and distress".
"Our community not only endures poor environmental and cultural management … but our native title rights and interests have also been disrespected," he said.
Plea to environment minister
Solomon Hub was the focus of a long-running native title dispute between YNAC and FMG, with the Federal Court awarding YNAC exclusive native title in 2017.
A compensation agreement between YNAC and FMG is yet to be struck, with the Yindjibarndi seeking upwards of $500 million from Fortescue due to the "economic and cultural loss" caused by mining at the lucrative Solomon Hub operation.
In recent months the corporation made a submission to WA Environment Minister Reece Whitby urging him to authorise an inquiry by the Environmental Protection Authority under section 46 of the Environmental Protection Act 1986, and to add conditions to the 2011 ministerial consent provided to Fortescue:
S46 (1) If the Minister considers that the implementation conditions relating to an approved proposal, or any of them, should be amended (whether because of an amendment to the proposal approved under section 45C or for any other reason), the Minister may request the Authority to inquire into and report on the matter.
Mr Woodley said under Solomon Hub's current conditions it had "officially" destroyed or damaged 249 Yindjibarndi heritage sites, and has previously voiced concerns that 5,000 sacred sites at Solomon were at risk.
He believed conditions placed upon Solomon were "much weaker" than more recent ministerial approvals including Fortescue's Eliwana iron ore mine and the Sanjiv Ridge project operated by Gina Rinehart's Atlas Iron.
"[We want] consistency … in terms of how [the state government] reviews the environmental impact and also the heritage impact to our country, as they have been doing with other neighbouring groups," Mr Woodley said.
Concerns over toxic chemicals, water flow
According to Mr Woodley the involvement of a breakaway group of traditional owners, funded by FMG, meant approvals had been provided for Solomon Hub without the consent, cooperation, or participation from senior elders in YNAC who have knowledge of Yindjibarndi country.
"We haven't been involved in any of the assessments in relation to environmental impacts or heritage impacts … for the last 10 years," he said.
In the detailed submission to Reece Whitby, YNAC raised concerns over reduced water flows and fauna in the area surrounding Fortescue's operations, and the possible use of toxic chemicals such as PFAS contaminating the water supply.
Mr Woodley said better consultation between all parties was required.
"Mining shouldn't be given a blanket cover [approval] because it's all about money. That type of approach to these large scale operations needs to stop," Mr Woodley said.
"There's a direct benefit flowing through the state from mining on our country. They need to be more respectful and acknowledge the native title rights and interests of First Nations people."
Responding to YNAC's call for an inquiry, Fortescue declined to answer specific questions but provided a statement to say it takes the responsibility of protecting and managing cultural heritage "seriously".
"We have strong relationships with the First Nations people of the Pilbara region of Western Australia, which are built on open and transparent engagement, mutual respect, and the development of comprehensive native title agreements," the spokesperson said.
The state's environment minister declined to comment.