Traditional owners of the land encompassing Kings Canyon in Australia’s central desert are petitioning the federal environment minister, Greg Hunt, to guarantee their protection against mining operations.
Under Northern Territory legislation, the Watarrka national park has no real protection from oil and gas exploration or mining operations, according to David Morris, the principal lawyer of the NT Environmental Defenders Office (EDO).
The 105,200 hectares of land is under the custodianship of the Martutjarra-Luritja people and contains three Aboriginal living areas: Lila, Wanmarra and Ulpanyali. The park contains more than 600 species of plants and numerous native animals. It is culturally significant to Aboriginal people and continues to be a place of traditional observance, customs and ceremony.
On Tuesday about 30 traditional owners will file two applications with Hunt seeking to protect it.
One is an emergency application to protect the park against an exploration licence granted to Palatine Energy, which has indicated it would use the hydraulic fracturing process of extraction.
The second seeks a permanent declaration under the federal Aboriginal and Torres Strait Islander Heritage Protection Act to protect the area from mining “of all kinds” for the foreseeable future.
“The traditional owners have been very clear that they see any kind of resource extraction in the park as inconsistent with their obligations to continue managing it,” Morris told Guardian Australia.
“We’re talking about an area of land declared a national park jointly managed between Parks and the Aboriginal traditional owners, and recognised as a significant Aboriginal area in a place that’s particularly important in Aboriginal culture, but they don’t have that veto right which is associated with most other Aboriginal land.”
Watarrka was declared a national park in 1989, and in 2005 was scheduled under legislation as NT parks freehold land.
“The park’s land tenure provides a framework under which the traditional owners’ wishes can be undermined by the government of the day in the Northern Territory, despite having joint management rights,” the application, obtained by Guardian Australia, says.
“This land tenure has meant that Palatine’s application is still on foot, despite repeated requests to the government that it be refused.”
A spokesman for Hunt said: “Any application for the heritage protection of the Park will be carefully considered in accordance with the relevant legislation.”
The application notes concerns by Aboriginal custodians, particularly around the use of scarce water resources, a reduction in groundwater levels and springs, potential contamination or weed introduction, and land-clearing in a “non-traditional manner”.
“Watarkka is one of the few places in the region where enduring water sources are found,” the application states.
“Those water sources support much of the bush tucker and animals that Aboriginal people continue to hunt and gather in accordance with their traditions. [Traditional owner] Marjorie Braedon stated during the preparation of this application that ‘water is the main thing that’s around there, I don’t know what happens if the water gets less, or gets messed up.’”
Dr David Falvey, managing director of Palatine Energy, acknowledged the region’s scarce water resource was of significance, but said the springs were at the base of the range, and dismissed concerns of contamination.
“We adopt the stringent practises, triple steel casing and tested cement seals and plugs, and under those circumstances, with that kind of proper engineering one can keep all groundwaters, surface waters and deeper hydrocarbons separated,” he said.
“There is really essentially no risk at all. This kind of engineering processes and regulatory directions have been going on in Canada for over 70 years without incident.”
Falvey said the area under Palatine’s application, made four years ago, is at the top of a range, but he did not know if there were any cultural sites in the area.
“We have already offered … as a company to the traditional owners certain exclusion zones where we agree we would not operate within the area. That includes the tourist facility, the immediate area around the canyon, the Aboriginal communities and the conservation area which is along the road.”
He said concerns over incidents of contamination were “hearsay” which stoked fear among residents.
“What I want to see is a more informed discussion all round. I don’t want to see this decide on the basis of an emotional and ill-informed set of facts.”
The Central Land Council (CLC) supported the traditional owners lodging the application and called on NT’s chief minister, Adam Giles, to clarify how proposed reforms to NT environmental regulation would protect the park.
“The traditional owners of the park have long voiced their strong and consistent opposition to the granting of exploration licenses to Palatine Energy covering the whole of the park,” said CLC director David Ross.
“The CLC and traditional owners of the park will accept nothing less than a decision to protect the park for future generations by prohibiting exploration or mining within its boundaries.”
The proposed reforms, announced last week, seek to streamline the environmental approval process by removing red and “green” tape, and increase transparency in public reporting requirements by businesses.
The report – from commissioner of the NT fracking inquiry, Dr Allan Hawke – recommended creating a single approval point, or one-stop shop, with the environment minister having the final say. However, Hawke also recommended that at least two years of strengthening departments should occur prior to this step.
It was the second report from Hawke, who last year rejected calls for a moratorium on fracking in the territory, and said associated environmental risks could be managed “subject to the creation of a robust regulatory regime.”
Addressing the media on Monday, chief minister Adam Giles said the reform process was an opportunity to consult with the community “about how we can improve the regulatory environment.”
Asked specifically about Watarrka, Giles said: “There are many traditional owners who have a divergence of views, some support oil and gas, some don’t.”
Giles said the government would take advice from the Aboriginal areas protection authority about “how we best protect cultural sites, and we will rule out oil and gas development in those areas”.
