Battle for Bathurst’s Mount Panorama looming

‘Sacred site’ claim on McPhillamy Park: An indigenous group is claiming McPhillamy Park at Bathurst’s Mt Panorama circuit as a sacred site, The Australian newspaper reports in what it has tagged as an ‘Exclusive’ story.

Despite the Bathurst Local Aboriginal Land Council chief executive Toni-Lee Scott criticising the site declaration, The Australian’s James Dowling is reporting that the Wiradyuri group, which is the same fringe Indigenous group that brought down the billion-dollar Blayney gold mine project, and prevented the proposed Mount Panorama-Wahluu go-kart track in 2021, is laying the groundwork for an unprecedented legal bid to declare the peak of Mount Panorama a sacred site.

The specific location of the site where the ashes of former member Uncle Brian Grant were spread is McPhillamy Park, located on the summit, part of Australia’s iconic motor racing circuit.

The Wiradyuri Traditional Owners Central West Aboriginal Corporation, which launched a successful last-minute effort to scupper the Blayney gold mine last year, has sought to register the peak as a ‘state heritage site’, after it held a smoking ceremony and scattered the ashes of former member Uncle Brian Grant there in late 2022.

A huge crowd watches the early laps of the Supercars Bathurst 1000 at Mount Panorama Circuit on Sunday October 13, 2024. Photo by Mark Horsburgh – Edge Photography,

The Australian reports that in an extraordinary ongoing dispute, the Wiradyuri group wants the site deemed “significant”, while Grant’s family have made inquiries about a federal order that would place restrictions over public access to one of the mountain’s best viewpoints and prevent any new development on it.

It is understood that discussions among council, state, and federal environmental authorities have been ongoing since Grant’s family suggested the possibility of applying for heritage protection for the site under the same Aboriginal and Torres Strait Islander Heritage Protection Act (ATSIPA) used to secure protection for the Blayney mine site and to prevent the Mount Panorama-Wahluu go-kart track in 2021.

The Wiradyuri group gained significant attention last year after successfully persuading Environment Minister Tanya Plibersek to issue a section 10 declaration regarding the proposed tailings dam for the goldmine, effectively halting the project.

The submission to Ms. Plibersek was based on the Blue Banded Bee narrative—a controversial Dreaming story that many local Indigenous elders have unequivocally denied being part of Wiradyuri oral traditions.

It has been previously reported by The Australian that Grant played a crucial role in passing down this story to other members of the Wiradyuri group.

Grant’s testimony was evaluated solely by Ms. Plibersek’s staff, bypassing the rigorous scrutiny applied to earlier submissions, despite being central to her final decision justification.

Following Grant’s death in November 2022, the Wiradyuri group sought permission to conduct a smoking ceremony at the peak of Mount Panorama-Wahluu, where his ashes were scattered into a stone campfire, and a tree was “scarred” in his memory.

Subsequently, the group sought to register the peak as a heritage site with the state-managed Aboriginal Heritage Information Management System (AHIMS).

Under AHIMS, the peak is listed as the “burial site and ceremonial site for Wiradjuri Lore Man Mallyan Merriganoury (Grant’s Wiradjuri name).” The site card was documented by Uncle Jade Flynn, a key figure in the Wiradyuri group.

Currently, the status of the site is “not a site,” indicating it is not considered significant, despite ongoing debate.

Multiple sources familiar with the consultative process suggest that a favorable outcome for Grant’s family could redefine cultural heritage law by allowing heritage applications based on contemporary Indigenous ceremonies.

Sections 9 and 10 of ATSIPA law, pertinent to the Mount Panorama-Wahluu discussion, are designed to protect sites at imminent risk from new developments or facing a clear threat of desecration. However, there is no identified risk to the site known at this time.

The federal Department of Climate Change, Energy, the Environment and Water stated it has not yet received a new submission for the peak.

Bathurst Regional Council general manager David Sherley indicated the council had been caught off guard by the AHIMS submission and has sought advice from both state and federal counterparts.

“The Wiradyuri Traditional Owners Central West Aboriginal Corporation contacted the council in November 2022 seeking access to the top of the mountain for a final goodbye ceremony. This was negotiated and agreed to,” he said.

“There was no indication that ‘heritage status’ would be sought.”

Mr. Sherley confirmed the council had “sought and obtained independent confidential advice” on the matter.

The proposed heritage site is currently within council-owned parkland. A successful state or federal heritage listing would impose restrictions on public access and inhibit new developments.

Public access to the site is typically negotiated with the sponsors behind a successful submission.

Bathurst Local Aboriginal Land Council chief executive Toni-Lee Scott criticized the site declaration, noting it was done without informing the Land Council, which is the legislated cultural authority of the region.

“It is a traditional ceremony, but for a person that was not born and raised here, I find it a little bit uneasy,” Ms. Scott said.

“The Aboriginal community probably still isn’t aware of the marked tree. These government politicians listen to their every word.”

Source The Australian newspaper March 4^th, 2025