Aboriginal Affairs Minister ‘surprisingly’ denies Equinox Resources drilling near Karijini National Park

A mining company in north-west WA says it will pursue all legal options after the state government unexpectedly rejected its bid to start drilling at an iron ore mine next to an iconic national park.

Equinox Resources has announced that Western Australia’s Aboriginal Affairs Minister Tony Booty has refused to agree to a Section 18 request that would have allowed the company to begin infill drilling at its Hamersley iron ore project.

The proposed mine is located on the doorstep of Karijini National Park, renowned worldwide for its natural beauty and cultural heritage.

Under Section 18 of the Aboriginal Heritage Act 1972, landowners must obtain the consent of the Minister for Aboriginal Affairs if it is likely that an Aboriginal site will be affected by the proposed use of the land.

Section 18 is the controversial mechanism that allowed Rio Tinto to destroy the Juukan Gorge in 2020.

The Aboriginal corporation that manages the land has long campaigned against the mine, arguing it would harm ground and surface water linked to the park’s Hamersley Gorge.

Equinox managing director Zach Komur said Dr Buti’s decision came as a shock, calling the minister’s decision “legally flawed, unreasonable and procedurally unfair.”

“Equinox Resources is both surprised and disappointed by the minister’s decision,” he said in a statement to the Australian Securities Exchange.

He said the company had not been informed of the newly discovered cultural objects and Equinox was “actively seeking clarification” about the new evidence.

Mr Komur said the company would continue to pursue “all available” legal avenues and confirmed Equinox would apply to have the case heard by the State Administrative Tribunal.

He said the decision could have serious national consequences.

“Our case, like others in Australia, raises concerns about the sovereign risk to our country, potentially impacting future mining activity that makes a significant contribution to our GDP,” Mr Komur said.

He said such decisions called into question Australia’s status as a “tier one mining jurisdiction”.

The Washington State Department of Mines, Regulation and Safety recently approved the project’s work program.

Mr Komur said the approval would allow the company to continue developing the project.

Aboriginal corporation ‘welcomes’ surprise decision

River bank with red rocks and rare trees. — The Wintawari Guruma Aboriginal Corporation manages the determination of the rights of the East Guruma Aboriginal people near Karijini National Park. (Delivered by: WGAC)

The Hamersley Project is located on land owned by the Wintawari Guruma First Nation, which is managed by the Wintawari Guruma Aboriginal Corporation (WGAC).

WGAC and Equinox were at odds over the development of the mine after the Aboriginal corporation raised concerns that the mine could negatively impact historic sites found in the region.

In April, an online petition against the mine received more than 15,000 signatures.

WGAC Chief Operating Officer Aaron Rayner said the corporation was advocating for the minister’s interests but did not expect him to reject the application.

Mr Rayner said the corporation was aware of the issues in a statement to the minister.

“This is an unusual decision, but a very welcome one,” he said.

“It was clear to everyone involved in this application that they (Equinox) did not adhere to these Section 18 standards. So to some extent we were not surprised that the minister chose to reject.”

A stream after rain flows horizontally at the bottom of the image in a red gorge. — WGAC expressed concern that Equinox’s mining activities could negatively impact the land and water in the Karijini Gorges. (ABC News: Pieter de Cruyff)

He said Equinox’s participation had been “extremely poor” throughout the application process.

He also described as “harsh” Equinox’s claims that the decision raised concerns about a “sovereign risk” to Australia’s GDP.

“This decision has nothing to do with sovereign risk in Western Australia,” Mr Rayner said.

“This is about the minister defending consultation standards and what his minimum expectations are for proponents operating on traditional lands.”

Mr Rayner said the corporation hoped Equinox would now begin a productive engagement, but said ongoing legal efforts meant there was “little chance” of that happening.

Aboriginal Affairs Minister Tony Booti has been contacted for comment.