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LEGAL PROCEEDINGS AT LAKE COWAL

All the legal proceedings over the proposed Cowal Gold Project have been attempts to utilise provisions set up under state and federal legislation to protect cultural heritage sites and objects. The cases have been taken by Neville Williams on behalf of the Mooka Traditional Owners Council. All the judgments are available at www.austlii.edu.au. Using the legal system has been one tactic in a broader strategy by traditional owners and environmental groups to protect Lake Cowal from the gold mine.

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Wiradjuri Native Title Rights

Since 2001, Wiradjuri Traditional Owners, represented
by Neville “Chappy” Williams, have waged a protracted and bitter legal battle in the Federal and NSW Land and Environment Courts. These Court challenges have focused on the validity of consents issued by the NSW Government permitting Barrick to destroy all cultural heritage sites at
Lake Cowal, and on the protection of Wiradjuri Native Title rights.

These challenges have been partially successful. Injunctions have delayed final approvals for the mine and lead to a complete overhaul of how consents to destroy Aboriginal cultural heritage are issued. In 2005, however, the NSW Government passed specific amendments to its planning legislation to prevent the original mine approvals from
lapsing, thus thwarting the Land and Environment
Court challenges.

The Mooka and Kalara United Families within the Wiradjuri Nation, who are opposed to mining on their sacred lands, have a Native Title claim in the Federal Court. In response to this claim, Barrick and the NSW Government supported the establishment of a group called the “Wiradjuri
Condobolin Native Title Claim Group” made up of five unauthorized Wiradjuri people belonging to the Wiradjuri Council of Elders. This group later changed the name on its Native Title claim to “Wiradjuri People”, then withdrew its claim after signing a confidential agreement with Barrick
and the NSW Government to allow mining to go ahead at Lake Cowal for an undisclosed financial benefit. The group claims to have bound the entire Wiradjuri nation of more than 30,000 people to this agreement, which still remains confidential.

The Mooka/Kalara United Families’ claim group now includes between 3,000 and 4,000 Wiradjuri people. Directions to finalise a hearing and take evidence are about to be set down in the Mooka/ Kalara claim. The matter is a precedent in which mining has gone ahead while a Native Title claim
over the land in question has yet to be determined. The consequence of this is, that if successful, Traditional
Owners may be in a position to sue Barrick and the NSW Government for tens of millions of dollars--enough to make the Lake Cowal Gold Project unviable.

Alan Oshlack
Researcher/Advocate
Indigenous Justice Advocacy Network
May 2007

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LEGAL UPDATES OCTOBER 2005

You can find the judgment brought down on 15 September 2005 on the NSW Court of Appeal's website. Go to the http://www.nsw.gov.au then click on Law and Justice, then Courts and Tribunals then NSW Court of Appeal.

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LEGAL UPDATES MARCH 2005

1. We have launched a civil action against Country Energy, constructors of the Electricity Transmission Line for lake Cowal. The action bought by Uncle Chappie alleges that work has been proceeding on the ETL without any heritage permits and consents to destroy is causing disturbance and damage to Aboriginal Artefacts. The work began despite Uncle Chappie succesfully had the previous permits invalidated by the Court in November, 2004. After expedition of the matter it went to trial in early March. Country Energy applied to have the matter adjourned as CE stopped work. The Court set down the adjourned proceeding to May 23rd.

2. On March 16, 2005 the NSW Department of Environment and Conservation issued a new permit to collect and a consent to destroy to CE for the ETL. An urgent Application for an injunction was filed in the Land and Environment Court. The matter is to be heard on April the 1st. CE have informed Uncle Chappie that work on the ETL is to commence this week and the archaeological work to collect surface artefacts commences next Monday the 4th of April thus the need for the urgent injunction application.

3. In another matter Uncle Chappie's Application alleging breaches of Consents to Destroy on the mine site was dismissed also a charge that the archaeologist for Barrick Gold had racially discriminated against him and another Wiradjuri Traditional Owner was also dismissed on the grounds that the Court lacked jurisdiction.

4. In the Federal Court Justice Wilcox has directed Uncle Chappie to prepare evidence for his Native Title Claim. During a short hearing it was revealed that the group who signed off on an agreement with barrick are now split and are fighting amongst themselves, with one of the groups wanting to mediate with the Mooka/Kalara Traditional Owners.

Alan Oshlack
Researcher/Advocate
Indigenous Justice Advocacy Network
____________________________________________

COURT DECISION STOPS WORK ON COWAL GOLD PROJECT
ELECTRICITY TRANSMISSION LINE
VIEW COURT TRANSCRIPT

VIEW MEDIA RELEASE,
5 November 2004

GREENS WELCOME COURT DECISION ON LAKE COWAL
5 November, 2004

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NEW SOUTH WALES LEGISLATION
National Parks and Wildlife Act 1974

CHALLENGES UNDER THE NATIONAL PARKS
Williams v Homestake Australia Ltd [2002] NSWLEC 5; Williams v Homestake Australia Ltd [2002] NSWLEC 43

Williams v Director General National Parks and Wildlife Service (2002) NSWLEC 154

Williams v Director-General of the National Parks and Wildlife Service and Ors [2002] NSWLEC 121

Williams v Pardoe and others, Land and Environment Court matter 40626 of 2003

Williams v Country Energy and others, Land and Environment Court matter 41026 of 2004

COMMONWEALTH LEGISLATION
Aboriginal and Torres Strait Islander
Heritage ProtectionAct 1984

Section 9 Emergency Protection Applications

Native Title Act 1993

Native Title Application and Process at Lake Cowal

_______________________________________

PRINT ALL LEGAL PROCEEDINGS
_______________________________________

PLEASE SUPPORT THE SAVE LAKE COWAL FUND

________________

The Lake Cowal Campaign acknowledges the Wiradjuri Nation,
Traditional Owners of the Lake Cowal area, and the fact that
Indigenous land has never been ceded in Australia

This website has been powered by Friends of the Earth since 2004



	LEGAL PROCEEDINGS AT LAKE COWAL All the legal proceedings over the proposed Cowal Gold Project have been attempts to utilise provisions set up under state and federal legislation to protect cultural heritage sites and objects. The cases have been taken by Neville Williams on behalf of the Mooka Traditional Owners Council. All the judgments are available at www.austlii.edu.au. Using the legal system has been one tactic in a broader strategy by traditional owners and environmental groups to protect Lake Cowal from the gold mine. ______________________________________________ Wiradjuri Native Title Rights Since 2001, Wiradjuri Traditional Owners, represented by Neville “Chappy” Williams, have waged a protracted and bitter legal battle in the Federal and NSW Land and Environment Courts. These Court challenges have focused on the validity of consents issued by the NSW Government permitting Barrick to destroy all cultural heritage sites at Lake Cowal, and on the protection of Wiradjuri Native Title rights. These challenges have been partially successful. Injunctions have delayed final approvals for the mine and lead to a complete overhaul of how consents to destroy Aboriginal cultural heritage are issued. In 2005, however, the NSW Government passed specific amendments to its planning legislation to prevent the original mine approvals from lapsing, thus thwarting the Land and Environment Court challenges. The Mooka and Kalara United Families within the Wiradjuri Nation, who are opposed to mining on their sacred lands, have a Native Title claim in the Federal Court. In response to this claim, Barrick and the NSW Government supported the establishment of a group called the “Wiradjuri Condobolin Native Title Claim Group” made up of five unauthorized Wiradjuri people belonging to the Wiradjuri Council of Elders. This group later changed the name on its Native Title claim to “Wiradjuri People”, then withdrew its claim after signing a confidential agreement with Barrick and the NSW Government to allow mining to go ahead at Lake Cowal for an undisclosed financial benefit. The group claims to have bound the entire Wiradjuri nation of more than 30,000 people to this agreement, which still remains confidential. The Mooka/Kalara United Families’ claim group now includes between 3,000 and 4,000 Wiradjuri people. Directions to finalise a hearing and take evidence are about to be set down in the Mooka/ Kalara claim. The matter is a precedent in which mining has gone ahead while a Native Title claim over the land in question has yet to be determined. The consequence of this is, that if successful, Traditional Owners may be in a position to sue Barrick and the NSW Government for tens of millions of dollars--enough to make the Lake Cowal Gold Project unviable. Alan Oshlack Researcher/Advocate Indigenous Justice Advocacy Network May 2007 ______________________________________________ LEGAL UPDATES OCTOBER 2005 You can find the judgment brought down on 15 September 2005 on the NSW Court of Appeal's website. Go to the http://www.nsw.gov.au then click on Law and Justice, then Courts and Tribunals then NSW Court of Appeal. ______________________________________________ LEGAL UPDATES MARCH 2005 1. We have launched a civil action against Country Energy, constructors of the Electricity Transmission Line for lake Cowal. The action bought by Uncle Chappie alleges that work has been proceeding on the ETL without any heritage permits and consents to destroy is causing disturbance and damage to Aboriginal Artefacts. The work began despite Uncle Chappie succesfully had the previous permits invalidated by the Court in November, 2004. After expedition of the matter it went to trial in early March. Country Energy applied to have the matter adjourned as CE stopped work. The Court set down the adjourned proceeding to May 23rd. 2. On March 16, 2005 the NSW Department of Environment and Conservation issued a new permit to collect and a consent to destroy to CE for the ETL. An urgent Application for an injunction was filed in the Land and Environment Court. The matter is to be heard on April the 1st. CE have informed Uncle Chappie that work on the ETL is to commence this week and the archaeological work to collect surface artefacts commences next Monday the 4th of April thus the need for the urgent injunction application. 3. In another matter Uncle Chappie's Application alleging breaches of Consents to Destroy on the mine site was dismissed also a charge that the archaeologist for Barrick Gold had racially discriminated against him and another Wiradjuri Traditional Owner was also dismissed on the grounds that the Court lacked jurisdiction. 4. In the Federal Court Justice Wilcox has directed Uncle Chappie to prepare evidence for his Native Title Claim. During a short hearing it was revealed that the group who signed off on an agreement with barrick are now split and are fighting amongst themselves, with one of the groups wanting to mediate with the Mooka/Kalara Traditional Owners. Alan Oshlack Researcher/Advocate Indigenous Justice Advocacy Network ____________________________________________ COURT DECISION STOPS WORK ON COWAL GOLD PROJECT ELECTRICITY TRANSMISSION LINE VIEW COURT TRANSCRIPT VIEW MEDIA RELEASE, 5 November 2004 GREENS WELCOME COURT DECISION ON LAKE COWAL 5 November, 2004 ___________________________________________ NEW SOUTH WALES LEGISLATION National Parks and Wildlife Act 1974 CHALLENGES UNDER THE NATIONAL PARKS Williams v Homestake Australia Ltd [2002] NSWLEC 5; Williams v Homestake Australia Ltd [2002] NSWLEC 43 Williams v Director General National Parks and Wildlife Service (2002) NSWLEC 154 Williams v Director-General of the National Parks and Wildlife Service and Ors [2002] NSWLEC 121 Williams v Pardoe and others, Land and Environment Court matter 40626 of 2003 Williams v Country Energy and others, Land and Environment Court matter 41026 of 2004 COMMONWEALTH LEGISLATION Aboriginal and Torres Strait Islander Heritage ProtectionAct 1984 Section 9 Emergency Protection Applications Native Title Act 1993 Native Title Application and Process at Lake Cowal _______________________________________ PRINT ALL LEGAL PROCEEDINGS _______________________________________ PLEASE SUPPORT THE SAVE LAKE COWAL FUND
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The Lake Cowal Campaign acknowledges the Wiradjuri Nation, Traditional Owners of the Lake Cowal area, and the fact that Indigenous land has never been ceded in Australia
	This website has been powered by Friends of the Earth since 2004