2021-03-14
Two weeks ago, I stood at the foot of Mount Ainslie alongside Ngambri Elder Shane Mortimer and numerous distinguished professors, archaeologists, ecologists and passionate community advocates and heard of the site’s rich history as a First Nations meeting place.
Instead of keeping this sacred site safe from development, the Federal authorities have approved a private pool, tennis court, and a fenced-off complex of more than 200 homes to be built.
“The development by Doma Group has been subject to heritage impact assessment under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which failed to consider First Nation’s heritage.
The ACT Greens campaigned on this issue, joining representatives, local residents and concerned Canberrans to urge the Federal Government to assess the Indigenous heritage value before the development was approved.
After ACT Greens advocacy, the Environment Minister Susan Ley agreed for the need to undertake an Indigenous heritage assessment as advised by the ACT Government.
Doma Group commissioned the new cultural heritage study, which consulted with registered Aboriginal organisations in Canberra, including Mr Mortimer.
Despite finding First Nation artefacts on the site, the study concluded that the site did not meet the Department of Agriculture, Water and the Environment’s significance guidelines.
The Federal Government determined the land was not a significant First Nation area requiring special protection and therefore, the development was approved.
As the Minister for Environment and Heritage, my hands are tied because the development approval lies with the National Capital Authority and not the ACT Government.
This travesty is yet another example of the EPBC Act failing to do what it was designed to do, which is why I am working to improve these laws at a national level.
As Professor Samuel said, our current environmental laws do not fully support the rights of First Nation Australians in decision-making, instead reflecting a ‘culture of tokenism and symbolism’ rather than inclusion.
Having walked on the site and heard of the discoveries that are being made, I am deeply concerned that this development is being pushed ahead without answers.
We are at risk of losing First Nation and geological heritage. Once lost, they are gone forever.