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National

Gascoyne, Lyons rivers considered for listing as large Aboriginal cultural heritage site

The Gascoyne River snakes through its namesake region in Western Australia across 800 kilometres, bringing water and life to the land and pastoral stations in its path.  

To the Yinggarda people, the river holds great significance for its connection to a mythical water serpent and the Dreaming.

Moves are underway to list more than 400 kilometres of the waterway on the state's Aboriginal heritage register.

The listing would stretch from the mouth of the Gascoyne River in the coastal town of Carnarvon, inland to the Gascoyne Junction and up the adjoining Lyons River.

Pastoralist Hamish McTaggart, from Bidgemia Station, said everyone he knew wanted to protect Aboriginal cultural heritage, but there had been little direct consultation from the government department handling the listing proposal.

"We've got nearly 100 miles of the Lyons River, and Gascoyne frontage through the middle of [our] place, so I would have thought we would have been somebody that the department could have contacted … to make us aware," he said.

"There's as many as four or five stations this would effect quite significantly.

"The new area of the proposed Aboriginal cultural heritage site makes up a pretty major part of our station … the most important part of the station being the river systems."

Carnarvon horticulturalists grow about $100 million worth of produce annually from river water and want to know more about what the listing means with the coming of a new Aboriginal Heritage Act in the state.

"We need to give landowners certainty … I think everyone can agree that the role they play within our economy is a significantly important one and we want to support growers through that process," Carnarvon Growers Association manager Nic Cuthbert said.

The Department of Planning, Lands and Heritage said there would be no impact on land ownership or access as a result of the assessment.

But a spokeswoman for the agency said landowners should seek advice from the department to determine the impact of any activity on a site under the act, as any future activities that could damage, excavate or alter the river could need approval under the laws going forward.

Minderoo a test case for river development

Many rivers and waterways in WA are on the state's Aboriginal Heritage Register for their significance as part of water or rainbow serpent creation stories, including the Ashburton River running through mining billionaire Andrew Forrest's family pastoral station Minderoo near Onslow.

Minderoo wants to build 10 weirs along the river.

One already exists, but its application to impact the river under the Aboriginal Heritage Act's infamous Section 18 was rejected by then Minister Ben Wyatt.

The Thalanyji people believe the construction of the weirs could kill the water serpent Wanamangura, which lives in the river, or make it angry.

It has been more than 600 days since hearings for the State Administrative Rribunal case ended, but there has been no decision on whether the weirs can be built or the minister's decision will be upheld.

Legal protection for rivers changing

University of Melbourne water law and policy specialist Erin O'Donnell said for many First Nations groups rivers were the embodiment of spiritual or sacred beings and changes were afoot around cultural heritage laws to protect more intangible concepts like rivers as ancestral beings.

"There is often a big disconnect between cultural heritage laws, which are designed to protect against development … and the way which we actually manage rivers which sits under water law," she said.

"Australia's protection of those ancestral beings is almost always quite poor.

"Unless you are bringing serious veto power into the hands of the traditional owners and native title holders then cultural heritage protection is always going to be minimal and weak."

Dr O'Donnell said there was a common thread of understanding across communities that rivers needed to be cared for.

"Most of us actually love the rivers we live near or visit," she said.

"Rivers are beautiful and special places to all of us.

"Recognising rivers as living beings with whom we are in a relationship is a way to tap into that sense of stewardship."

A decision on the Gascoyne and Lyons Rivers' listing is expected to be made on December 16.

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