Traditional Owners have expressed their profound disappointment with a Queensland government decision rejecting their application for a stop work order at a significant cultural site.
Seven Wangan and Jagalingou Traditional Owners had requested that the government investigate a potential breach of the Queensland Cultural Heritage Act, alleging that artefacts were unlawfully disturbed.
Wirdi woman and Traditional Owner Lyndell Turbane, who lodged the request, said the ongoing legal battles with the mining giant were "an uphill battle".
"I feel absolutely helpless," she told NITV News.
"They just picked up our artefacts and put them in piles. When it comes time to take them back on Country how are we going to be able to tell what goes where?"
"That's our old people's footprint that they've left for us," she said.
"If that's damaged how do we teach our children, our grandchildren, great grandchildren. It won't be the same.
"It's bad enough that we've been removed from our land, now they're continuing to destroy our cultural history."
Adrian Burragubba, who has waged a long and public battle against the Bravus projects, supported Ms Turbane's application.
"With our lawyers, we requested the Queensland government act to issue a stop work order and halt Adani's destruction of our cultural heritage."
Mr Burragubba said the government's rejection of their application showed the state's Cultural Heritage Act was not fit for purpose.
“The Cultural Heritage Act has no teeth…what we’re calling for is a total reform of the Cultural Heritage Act.”
Bravus and the state government disagreed, saying that 3 voters on the Wangan and Jagalingou Traditional Owners' Cultural Heritage Committee unanimously approved the works.
The department of Aboriginal and Torres Strait Islander Partnerships said they had considered the requests and all parties had been afforded natural justice in the decision-making process.
"The delegate has informed the relevant parties that there are no reasonable grounds to grant their requests to issue a stop order,'' a departmental spokesman said.
"Additionally, the delegate has determined that there are no reasonable grounds to warrant investigation into the activities conducted by Bravus at the Carmichael Mine."
An Indigenous Land Use Agreement (ILUA) was signed between Bravus and the Wangan and Jagalingou people in 2017.
This was after all but one of the 294 committee members voted in favour of the deal that was struck in 2016.
Several court cases have been heard regarding claims made by the complainants, with the Federal Court handing down a decision upholding the ILUA in 2018.
This culminated in an appeal to the full Federal Court in May 2019 before the Kemppi case was dismissed in July 2019.
Native Title Applicants acting co-ordinator Irene Simpson says Clermont Belyando Native Title Applicants welcomed the state government's decision.
"While we recognise Mr Codie McAvoy, his family council and followers do not agree with the Carmichael project proceeding, the majority of the Clermont Belyando (formerly W&J) people do," she said.
"Coedie McAvoy and his supporters may be outspoken, but that does not mean it is right that his views should be used to silence the overwhelming interests of the majority of the claim group.
"We are satisfied that the cultural heritage on the Carmichael project site continues to be managed by the Cultural Heritage Committee in accordance with the CHMP between Bravus Mining and Resources and the Clermont Belyando people."
