Glencore’s McArthur River Mine charged with ‘barramundi dreaming’ sacred site breach

A mine southeast of Darwin has faced court charged with carrying out works on a sacred Aboriginal “barramundi dreaming” site.

The mine’s management has insisted it will not proceed unless and until it obtains the appropriate approvals from AAPA and the NT government.

Glencore’s McArthur River Mine southeast of Darwin has faced court charged with carrying out works on a sacred Aboriginal “barramundi dreaming” site.

The company first made an application to amend an authority certificate issued by the Aboriginal Areas Protection Authority to allow it to expand its operations adjacent to the Damangani site in 2017.

AAPA subsequently knocked back the request, finding MRM had not reached an agreement with the relevant custodians regarding the expansion plans, which MRM then appealed to Heritage Minister Chansey Paech.

In 2022, Mr Paech upheld AAPA’s decision, with its chief executive Benedict Scambary declaring it a win for the NT’s “strong, clear system to ensure the protection of sacred sites”.

“Today’s decision upholds AAPA’s expertise and processes and puts all developers on notice that lip service to consultation is not good enough,” he said at the time

“Protecting sacred sites is not a box to be ticked or an obstacle to be sidestepped.

“Aboriginal custodians must give free, prior and informed consent to development.”

In a statement issued on Tuesday, AAPA said MRM now stood accused of breaching section 34 of the Aboriginal Sacred Sites Act, which makes it an offence to work on a sacred site without an authority certificate.

The McArthur River Mine south of Borroloola on the gulf coast sits atop one of the world’s largest deposits of zinc and lead.

“Following consultation with Aboriginal custodians, authority certificates give clear advice on where sacred sites are and how to work alongside them,” the statement reads.

“AAPA alleges that MRM worked on the Damangani sacred site without an authority certificate.”

AAPA chairman Bobby Nunggumajbarr said AAPA had been successfully protecting sacred sites by guiding development for more than 40 years.

“The authority certificate process is well-established and it works,” he said.

“It is important that those who are using the land also ensure the sacred sites are respected and protected.”

At the time of Mr Paech’s 2022 decision, Mr Nunggumajbarr said Aboriginal custodians had a responsibility to protect and maintain their sacred sites.

“MRM needs to walk our country with us and explain what they want to do, they must let us look after the sacred sites,” he said at the time.

“The miners will be gone in 30 years but we will still be here.”

On Tuesday, an MRM spokesman said “given the matter is before the court, it’s not appropriate for MRM to comment in detail”.

“However, we can confirm that MRM undertook minor works to ensure environmental sampling could be done safely in or around the vicinity of a sacred site.”

In a statement to an inquiry in 2021 into the destruction by Rio Tinto of rock art at Juukan Gorge, MRM general manager Steven Rooney said the company had “never destroyed sacred sites”.

But Mr Rooney acknowledged concerns had been raised about potential impacts on Damangani of a project to increase the height of a waste rock pile at the mine.

“MRM will not proceed (and of course cannot proceed) with this work unless and until we obtain the appropriate approvals from AAPA and the NT government,” he said.

“We have always sought to achieve this through a process of agreement making with the custodians of the site.”

The case returns to court on July 29.