Murujuga traditional custodian Raelene Cooper this morning launched legal action against the Minister for Water and the Environment in the Federal Court to compel Murray Watt to make a determination of her Murujuga Section 10 cultural heritage assessment, which has been with the federal government for more than three years.
It comes as the Environment Minister is set to make a decision at any moment about Woodside's North West Shelf extension, which bears on Ms Cooper's Section 10 application for protection of Murujuga's sacred rock art from the impacts of industrial developments at Woodside's Burrup Hub, which includes North West Shelf.
Lawyers for Ms Cooper wrote to the Environment Minister on 16 April 2025 to demand a resolution of her Section 10 application before a decision is made about the North West Shelf extension, and renewed her request to Murray Watt following his appointment as Environment Minister this month. On Wednesday 21 May the Department of Climate Change, Water and Environment responded to note receipt of her letter.
Ms Cooper's Section 10 application under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 was first filed with the federal government in February 2022. An independent reporter submitted their findings to the federal government in June 2023. Under the ATSIHPA legislation, the Minister is empowered to make any Declaration they deem appropriate to protect Murujuga's cultural heritage.
Ms Cooper's legal case has been filed today in the Federal Court in Sydney by her lawyers from Johnson Legal.
Mardathoonera woman Raelene Cooper, a former Chair of the Murujuga Aboriginal Corporation and Section 10 applicant, said today:
"Today I am commencing proceedings in the Federal Court to force Environment Minister Murray Watt to address my application for protection of the Murujuga rock art under Section 10 of the Aboriginal and Torres Strait Island Heritage Protection (ATSIHP) Act.
"I originally brought this application in early 2022 when I learned how my cultural heritage would be affected if industry was allowed to continue expanding on Murujuga, including Woodside's North West Shelf extension. Many hundreds of people and organisations made submissions in support of my application for urgent protection of this area.
"That was three years ago. For their entire first term, Labor have ignored my application while the devastation to my cultural heritage has continued on Murujuga.
"During this time, I have been sickened to witness the devastation caused by the construction of the Perdaman fertiliser facility approved by Minister Plibersek without the consent of traditional custodians.
"Now I understand the new Environment Minister Murray Watt is preparing to approve Woodside's proposed 50-year North West Shelf extension, which will be a death sentence for the oldest and largest rock art site on earth.
"I am furious that the Minister would make a decision to lock in ongoing and irreversible damage to my country before addressing my application.
"I am sickened that the Minster would make such a decision without even paying us the respect of coming here to meet with the Custodians of this place, and without even seeing the incredible Murujuga rock art with his own eyes.
"The Minster does not even have the respect to come and see for himself what he will be allowing Woodside to destroy.
"There must be an urgent assessment of the ongoing impacts of all industry on the Burrup before any further extensions or expansions are considered. There must be free, prior and informed consent from Traditional Custodians for anything that happens in this incredibly special place.
"During the election campaign Peter Dutton promised to fast track the approval for the North West Shelf extension. That policy was totally rejected by voters, but now Labor have picked it straight from Peter Dutton's pocket.
"I am sick of waiting for the government to do its job. I have instructed my lawyers to commence proceedings to require the Minister to do his Ministerial duty and make a decision. If the Minister waits any longer, there will be nothing left to protect.
"If the Minister approves the North West Shelf extension before addressing my application, he will be locking in the very threat that I have sought to prevent. That would be a deeply cynical act from a Minister which would show utter disrespect for Indigenous culture and heritage."
