Flinders Ranges traditional owners launch legal action after state government signed off on destruction of sacred sites

Flinders Ranges traditional owners have hired a top native title lawyer to launch legal action against the state government.

Flinders Ranges traditional owners have hired a top native title lawyer to launch legal action against the state government after earthworks destroyed sacred Adnyamathanha sites, as it can be revealed a former District Court judge is the head of an independent inquiry into the destruction.

The Adnyamathanha Traditional Lands Association (ATLA) has hired prominent Sydney native title lawyer Andrew Chalk, who has specialised in native title law for about 30 years, to take legal action against the Environment Department after it approved earthworks on the boundary of the Nilpena Ediacara National Park and Beltana Station without consulting traditional owners.

This month, The Advertiser revealed the earthworks had destroyed culturally significant Adnyamathanha sand hills linked to dozens of ancient storylines after an Environment Department employee signed off on the construction of a new fence line on the national park boundary.

ATLA heritage co-ordinator Anthony Pike said the state government “had not followed the letter of the law”.

“We’re deeply concerned that there’s been some works undertaken in the area without consultation,” Mr Pike said.

Heather Stuart and Regina McKenzie near the Three Sisters Range in the Flinders at sunset. Pictured on September 15th 2023. Picture: Ben Clark

Mr Chalk’s firm on Friday wrote to the state government, beginning the legal proceedings.

“We want to see a proper consultation go on and we’ll work our way through the issue,” Mr Pike said.

On August 30, the department wrote to ATLA seeking advice on whether or not a cultural survey was required to conduct the works on previously undisturbed sites along a 2km stretch of the boundary, with a response required within 30 days.

However, in an email sent by an Environment Department employee on August 29 and obtained by The Advertiser, the Beltana Station lessee was told the works could go ahead.

The legal action comes as former District Court judge Christine Trenorden can be revealed as the head of an independent inquiry into the earthworks.

Environment Minister Susan Close formally appointed Ms Trenorden, who is also a former Environment, Resources and Development Court judge and a current Independent Environment Protection Authority board member, after announcing the inquiry this week.

The inquiry will investigate the circumstances around the earthworks as well as identify improvements to department processes, policies and practices to support the protection of Aboriginal culture and heritage.

Aerial image of the Hawker Graded Track and borrow pit. Picture supplied.

The inquiry will provide a list of recommendations to the state government.

“It is a tragedy that this has occurred, both in terms of the loss of heritage and the impact on the traditional owners, and it is being taken seriously by the state government,” Dr Close said.

“What requires consideration by the independent reviewer is how it came to happen, who is responsible and whether there are improvements to be made in government processes or communications.”

Traditional Owner Regina McKenzie said a “comprehensive survey” of the damage was required.

“I want the truth,” Ms McKenzie said.

“We never ever dreamt that those sand hills would be touched.”

Ms McKenzie said the state government needed to work with traditional owners to prevent future damage.

“They need to be able to show that it will change in the future,” she said.

“This place is too important.”