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Andrew Forrest's plan to alter sacred Ashburton River under fresh legal scrutiny

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Andrew Forrest's plan to alter sacred Ashburton River under fresh legal scrutiny
Wa NewsWa CourtsPerth Courts

Mining billionaire Andrew Forrest's controversial plan to alter the natural river system on his large outback WA cattle station is under renewed legal scrutiny.

Andrew " Twiggy" Forrest has launched a fresh legal bid to build an irrigation system along part of the sacred Ashburton River, which flows through his Minderoo Station.A bid by mining magnate Andrew Forrest to alter part of the Ashburton River under renewed scrutiny in the State Administrative Tribunal.

The tribunal previously mooted the proposal to build 10 weirs along the waterway, citing Aboriginal cultural heritage concerns. The matter is back before the tribunal due to a procedural error, a decision which traditional owners found "extremely disappointing".Share article Mining billionaire Andrew Forrest's controversial plan to alter the natural river system on his large outback WA cattle station is under renewed legal scrutiny, with his lawyers arguing the intervention is needed to help solve the region's water shortages. Mr Forrest had planned to build 10 specialised weirs along a section of the Ashburton River which flows through his Minderoo Station in the state's Pilbara. The weirs would capture an estimated 8.4 gigalitres of water per year, with the precious resource in short supply across the region.Supplied: Buurabalayji Thalanyji Aboriginal Corporationwhere it was decided the primary benefit of the project would not benefit the overall general interest of the community. In that decision, Justice Janine Pritchard also found the entirety of the Ashburton River was of spiritual significance to the Thalanyji people.But last year an , a move that was described by the Buurabalayji Thalanyji Aboriginal Corporation as "extremely disappointing".Proceedings are now underway in the SAT with barrister for Forrest and Forrest Pty Ltd Ken Pettit SC telling the tribunal the irrigation system was needed to address the "enormous need for water" on Mr Forrest's station. He said a February report by the Department of Water and Environmental and Regulation suggested weirs were essential, due to limited groundwater supply across the Pilbara region. The State Administrative Tribunal previously blocked Mr Forrest's proposal due to cultural heritage concerns.The SAT had previously found the benefit of the proposed water capture project would primarily be a private one for the Forrests. Mr Pettit said if the project went ahead, roughly a quarter of the water captured per year would go to Hastings Technology Metals for its Yangibana rare earths project in the Gascoyne. The water would be used for a hydrometallurgical plant, to be built near Onslow, to process materials from a mine located about 300 kilometres to its south east. Wyloo Metals, also owned by the Forrests, took ownership over 60 per cent of the Yangibana project in a joint venture with HTM earlier this year. Mr Pettit pointed to the support from both the state and federal governments for the Yangibana project and its role in decarbonisation as evidence of the broader benefit of the project.In the previous SAT decision, it was found the entirety of the Ashburton River was of spiritual significance to traditional owners. This was because the river from its mouth near Onslow to inland near Nanutarra is a registered Aboriginal heritage site where the Thalanyji people believe the water serpent Warnamankura lives.Supplied: Bill LawrieWarnamankura created the river, according to Thalanyji belief, and still travels up and down it to protect the country.A sheet of rocks breaking the surface of the Ashburton River on Andrew Forrest's Minderoo property marks where the mining magnate has developed his prototype upside-down weir.In the coming days the tribunal is expected to hear from representatives from BTAC and others, including agricultural workers, anthropologists and archaeologists.

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Wa News Wa Courts Perth Courts Andrew Forrest Twiggy Ashburton River Traditional Owners Cultural Heritage Minderoo Station Sat Forrest Family Thalanyji Water Spirit Native Title Aboriginal Heritage

 

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