A mining company that started legal action against the WA State Government for knocking back its application to destroy an Aboriginal heritage site in the East Kimberley has withdrawn its appeal and parted ways with its former director.
Kimberley Granite Holdings had already started work on the Halls Creek site in 2019 before it sought the Government's permission earlier this year following a complaint by traditional owners.
Elias Christianos was the managing director at the time when the company came under scrutiny.
Mr Christianos initially worked with a small team and the backing of a Chinese-based investor to purchase an exploratory licence at the Halls Creek site, and work began after the company said it consulted a number of traditional owners.
The mine's location was called Garnkiny, and features in revered Indigenous artist Mabel Juli's "moon-dreaming" stories.
But the Kimberley Land Council disputed the claim, saying the company should have applied for a Section 18 approval from the Aboriginal Affairs Minister Ben Wyatt to destroy the site before moving ahead with any official work.
The company then applied for approval, but Mr Wyatt rejected it and the State Government proceeded to launch an investigation into Kimberley Granite Holdings' activities.
The company then opted to challenge Mr Wyatt's decision in the State Administrative Tribunal — a decision the minister condemned as "disappointing".
The appeal also meant the Government's investigation into the company's actions in Halls Creek had to be put on hold.
But following Mr Christianos' departure from the company in August, Kimberley Granite Holdings formally withdrew its appeal.
The company now says it asked Mr Christianos to resign as it rebuilds its leadership, and works towards repairing its working relationship with the Kimberley Land Council and traditional owners.
The Government probe now continues.
Halls Creek mining operations questioned
Mr Christianos has a lengthy history in gem mining in Australia, and has been a director for Yerilla Gems, a major shareholder and alternate director for Australis Mining.
At the Halls Creek operation, Mr Christianos maintained he had the approval of traditional owners at the time of the work.
The former director told the ABC he had taken a number of people out to the site who had told him there was nothing of significance in the area when the company took over the tenement.
He said the complaint was making a "mountain out of a molehill" and called the ongoing investigation "political bullsh*t".
"This is a made-up obstacle, and it will come out … I have never had many problems with mining departments — Queensland, South Australia, Western Australia. I have been in this field for 50 years," he said.
Mr Christianos was particularly critical of the Kimberley Land Council's role in the investigation into the site and said they had been obstructive when he had tried to work with them on the site.
"There is no way I'm going to let the KLC get their way because it's not right for the place, it's not right for the people there because there is a lot of work, a lot of income, and it should go on," he said.
"There is no reason it should not go on … there is no reason. I will be the first one to get out of there if there was."
In response to Mr Christianos' criticisms, former KLC deputy chief executive Tyronne Garstone said the organisation's past interactions with the company had been characterised by "wilful disrespect" and it would continue to do everything it could to help traditional owners.
Mr Christianos went on to dispute the fact the company had withdrawn its action in the State Administrative Tribunal, and said he would be discussing his legal options.
He said as he still had a stake in the outcome of the court action, it would need to proceed.
"We will pursue this way … until the truth comes out," Mr Christianos said.
He said he would also be participating in the State Government's investigation.
Miner changes leadership
While Mr Christianos said he only left the company as he intended to sell his stake in it, Kimberley Granite Holdings said he was asked to resign.
Regardless, they parted ways in August, and it is now left to the new leadership to rebuild a fractured relationship with Garnkiny traditional owners and the Kimberley Land Council.
The company has now appointed Michael Elliott as the new director.
Mr Elliott said it was committed to complying with the State Government investigation.
"In line with recent changes to the management of the company, Kimberley Granite Holdings is committed to ensuring any future activities on this land are only conducted in a manner that is consistent with our social, environmental and legal obligations," he said.
"As a starting point for our renewed commitment to our stakeholders, the company has now withdrawn its appeal to the State Administrative Tribunal in relation to a decision made under Section 18 of the Aboriginal Heritage Act.
"We also intend to provide our assistance to the Department of Planning, Lands and Heritage in its investigation into this matter."
