‘Clearly a failure’: City of Kalgoorlie-Boulder fined $5000 for damaging Aboriginal cultural heritage site

The City of Kalgoorlie-Boulder has been fined for firebreak works that caused damage to an Aboriginal site and deemed by a court to be a policy “failure”. The City of Kalgoorlie-Boulder was sentenced on Thursday in the Kalgoorlie Magistrates Court for two criminal offences after workers damaged the Mulyinyu Rockhole, a mythological water source site for local Aboriginal people. Machinery including a heavy grader and large loader was used during works to clear a firebreak on the registered Aboriginal heritage site in the city’s north-east between November 1 and December 31 last year. About eight tonnes of rock and dumped items were removed from the site as part of the process. An affidavit from city engineering director Lui Camporeale submitted to the court revealed the workers were not aware the Mullingar lot was an Aboriginal heritage site. The manager who would typically check whether a site is registered was on leave at the time of the offence. The affidavit confirmed staff training and a new policy had since been enforced to ensure the Aboriginal heritage status of a site is checked before every work order. Magistrate Janie Gibbs told the court “it goes without saying” a policy should have been in place before the offending but said it was “pleasing” to know there was one in place now. For its actions, the city was charged with excavating, destroying, damaging, concealing or in any way altering any Aboriginal site, an offence under the Aboriginal Heritage Act. Written pleas of guilty were submitted for that charge along with the second charge of bringing machinery on to regulated land without the prior approval of the minister or the registrar. During a previous court appearance, lawyer Jordan Walker, representing the city, said it was accepted the offences were “serious” but his submission was they were at the “lower end” of offences of this kind. Mr Walker said suspended fines would be appropriate in the case and applied for a spent conviction to be granted — something that would limit the disclosure of the city’s conviction in the future. He suggested the circumstances were similar to a case when Fortescue was handed two fines of $5000 suspended for a year when it breached WA’s Aboriginal Heritage Act by clearing land in the Pilbara. Department of Planning, Lands and Heritage prosecutor Lorraine Allen told the court on Thursday she had been contacted by local Aboriginal people since the matter came before the court on Monday. Ms Allen said she wanted it on the record that they reported being “very upset” by the damage caused to the Mullingar site. Ms Gibbs said the city’s offending was at the “lower end of the spectrum” for offences of this kind and noted the city was an otherwise “good corporate citizen”. She said the incident was “clearly a failure” by the city since a policy should have been in place to prevent it. Ms Gibbs fined the city $5000 for the first charge of damaging an Aboriginal site and a further $200 for bringing machinery on to the site. The city was ordered to pay $272 in court fees and a spent conviction was granted. In a statement provided to the Kalgoorlie Miner on Thursday afternoon, city acting chief executive Mia Hicks apologised for the damage. “The city acknowledges the damage caused to the Mulyinyu Rockhole (Quarry Rockhole) Aboriginal heritage site and apologises,” Ms Hicks said. “The City will continue to review processes as part of our land management responsibilities and commitment to our community.”