A recent court decision reinforces the importance of compliance with cultural heritage obligations, and highlights that noncompliance is being prosecuted by the Queensland Government which can result in damage to reputation, the imposition of hefty fines and the recording of convictions.

On 9 July 2010, Xstrata’s Mount Isa Mines Ltd pleaded guilty in the Brisbane Magistrates Court to one charge under the Aboriginal Cultural Heritage Act 2003.

In Department of Environment and Resource Management v Mount Isa Mines Limited, Brisbane Magistrates Court proceeding 18163 of 2010, the company was fined $80,000. A conviction was not recorded.

The evidence before the Court was that in July 2008 a survey was carried out by the company and the Kalkadoon People. The survey found that a ridgeline contained artefacts of importance to the Kalkadoon People. However, in September 2008, workers using a bulldozer to upgrade a road at the base of the ridgeline inadvertently damaged or disturbed cultural heritage objects in the vicinity of the known cultural heritage site. It was submitted that the workers’ actions amounted to the company breaching its duty of care.

According to the Department’s media release, its Litigation Director, Reuben Carlos, said:

‘The company had failed to take reasonable measures to ensure that Aboriginal cultural heritage was not harmed.

The company should have had better internal procedures in place to protect the site.

Xstrata Mount Isa Mines did not follow the Duty of Care guidelines under the Aboriginal Cultural Heritage Act 2003. In particular, the guideline that recommends ‘extra care’ be taken due to the close proximity of an identified cultural heritage site.

These guidelines exist to ensure that the knowledge and innovations of Aboriginal communities are respected, preserved and maintained. They are based on respect for Aboriginal cultural and traditional practices’.

The Department reports that its Cultural Heritage Coordination Unit has since approved the measures taken by the company (in cooperation with the Kalkadoon People) to improve its cultural heritage management practices.

The decision reinforces the importance of miners ensuring they fully understand and comply in practice with their cultural heritage obligations under the Aboriginal Cultural Heritage Act 2003 and associated legislation. Breaches of these obligations are being prosecuted by the Government and can result in damage to reputation, the imposition of hefty fines and the recording of convictions.

Further information

For further assistance or enquiries please contact:

Dominic McGann on 07 3233 8838
Lyndal Hanrahan on 07 3233 8622
Sarah McBratney on 07 3233 8907
Sarah McOmish on 07 3233 8772.