Equinox Resources says Indigenous heritage decision sets a ‘dangerous mining precedent’
Equinox Resources is taking on the WA government and one of the most powerful traditional owner groups in Australia after being refused permission to work on part of its mining lease.
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Iron ore junior Equinox Resources has begun legal battle with the West Australian government and one of the most powerful traditional owner groups in the country after being refused permission to continue work on part of its mining lease based on Aboriginal heritage concerns.
Equinox boss Zac Komur said the ruling set a dangerous precedent and appeared to be based on two newly identified Aboriginal ethnographic sites that were not mentioned in previous surveys involving the Wintawari Guruma Aboriginal Corporation.
The company is challenging the validity and significance of the two sites, as well as the WA government’s decision.
The row comes amid tension between the resources industry and the federal government over an Aboriginal heritage-related call that scuttled the Phillamys gold project in NSW, and the cancelling of the mining permit for the Jabiluka uranium deposit in the Northern Territory.
Equinox is taking on one of the wealthiest and most influential traditional owner groups in the Pilbara with a long track record of involvement with the mining industry.
WGAC chief executive Aaron Rayner said the sites had always been there, adding Equinox had taken a heavy-handed approach to negotiations with traditional owners.
Mr Komur said one of the sites in question extended well into Fortescue’s existing mining operations and exploration leases, and took in part of a Rio Tinto exploration lease.
The Equinox share price plunged more than 35 per cent on Monday after it revealed WA Aboriginal Affairs Minister Tony Buti had rejected a section 18 application under the state’s Aboriginal Heritage Act.
Equinox will challenge the decision in the State Administrative Appeals Tribunal and is demanding more information on why it has been blocked from drilling on a mining lease covered by a native title agreement.
Equinox said the WGAC had approved and accepted compensation for a 168-holed drilling program on the mining lease, which is near the Karijini National Park.
The company said the application to continue drilling was rejected based on concerns about potential impacts on ethnographic sites identified in a 2023 heritage survey conducted by Yulur Heritage Services, a subsidiary of WGAC.
The sites were named as the Elinili Range, associated with stories and songs, and Wulkajarramunha Wuntu, an ancestral water serpent believed to have created waterways.
Equinox said Wulkajarramunha Wuntu had not yet been registered as a heritage site and that Elinili Range was registered on September 20.
In a statement to the ASX, Equinox said the 2023 heritage surveys were flawed and lacked independence because they were conducted by a WGAC subsidiary.
Mr Rayner rejected claims that the Equinox ruling could have implications for Fortescue and Rio.
“The Equinox approach has been to engage a litany of expensive lawyers to browbeat and hector the traditional owners. Over the past 12 months, they haven’t attempted to engage in consultation at all and I think the minister’s decision reflects that,” he said.
“The Guruma are used to dealing with Rio Tinto for the last 40 years. They’ve got six mines on Guruma country. We do surveys work with Fortescue every week to help them expand their mines. The Guruma are not averse to mining.”
Mr Komar said the Guruma were pro-mining and that he had discussed with them co-development options for Equinox iron ore project.
“I met a lot of resistance. I think being a junior, and not having deep pockets compared to others, they think we’re a pushover. Ultimately, I think they want us to walk away and have the asset to themselves,” he said.
Mr Rayner denied that was the case and said Equinox had raised the prospect of selling the mining lease to WGAC at a meeting in November 2023.
Mr Buti was asked a series of questions about his section 18 ruling but had not responded by late on Monday.
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Originally published as Equinox Resources says Indigenous heritage decision sets a ‘dangerous mining precedent’
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