Bathurst not under threat by Native Title claim

The ABC is reporting that claims in The Australian newspaper in late February and by two candidates in the upcoming Federal Election about a Native Claim threatening the Bathurst 1000 race are false.

The Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC) which was at the heart of the claims is reviewing its legal options in the wake of the reports in The Australian.

The original story referenced a Native Claim at McPhillamy Park and may have come about since a site inside McPhillamy Park was registered on the Aboriginal Heritage Information Management System (AHIMS). But AHIMS confirmed to the ABC that it did not constitute a land rights claim or mean anything that it is registered, just like many of the other 110,000 sites registered in NSW.

The two political candidates vying for the federal seat of Calare – sitting independent MP Andrew Gee and Nationals candidate Sam Farraway – have been criticised by WTOCWAC for spreading misinformation and inciting racism after suggesting the Bathurst 1000 race is at risk from an Aboriginal heritage application.

Mr Farraway launched a petition titled ‘Save Mount Panorama’ in which he claims the move by the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCWAC).

In his introduction to the petition, Mr Farraway says: “An activist group has applied to have part of Mount Panorama/Wahluu heritage-listed – a move that could spell the death of the Bathurst 1000.

​”This is public land used by our community and home to Australia’s most iconic motorsport event. If approved, it could lock up sections of the mountain, restrict public access and put the future of the Great Race at risk.

​”We can’t let activist groups abuse heritage laws to stop major events, shut down local development and divide our community. The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 needs urgent reform to stop it from being weaponised.”​

However,  the ABC has confirmed with the Federal Department of Climate Change, Energy, the Environment and Water (DCCEEW) that no such application has been made under the Act.

In a statement to the ABC in response to the claims by Mr Farraway, WTOCWAC said it was “dismayed” and “appalled” at his claim.

“In the lead up to the federal election it appears some commentators are targeting us,” it said.

“To community members who have been affected by the disrespectful discourse … we encourage you to simply not engage with racist commentary.

“Wiradyuri culture and motor racing can respectfully coexist at Wahluu”.

(Auto Action apologises if any of its original reporting, on our website, of the article in The Australian caused any offence).

Full statement from the Wiradyuri Traditional Owners Central West Aboriginal Corporation.

In the lead up to the federal election it appears some commentators are targeting WTOCWAC in an attempt to revive the culture wars and to garner votes from people who would prefer to listen to sensationalist misinformation.

Journalists, politicians and others who talk about Aboriginal Cultural Heritage really should do some fact checking or at the very least seek some guidance on the various legal instruments they attempt to talk about.

The AHIMS system is administered by the NSW Government as prescribed in the National Parks and Wildlife Act 1974. The system contains “information for over 110,000 recorded Aboriginal sites and over 14,000 archaeological and cultural heritage assessment reports. Before carrying out any on-groundwork or activity thought must be given to how it might affect Aboriginal sites.” A site card being registered does not create a state or federal heritage listing, it simply alerts people to the fact that there is an Aboriginal object or site in the area.
The Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (ATSIHP Act) can protect areas and objects that are of particular significance to Aboriginal and Torres Strait Islander people.

The ATSIHP Act allows the Minister for the Environment and Water to make a declaration to protect an area, object or class of objects from a threat of injury or desecration.
Any Aboriginal and Torres Strait Islander people or their representatives can apply to protect a specified area or objects under the ATSIHP Act.

There is no monetary benefit or any other benefit from a successful declaration under the ATSIHP Act other than protection of Country – not even a right of access.

It is important to know also that the LALCs and the Act they operate under in NSW does not confer cultural authority. In fact, many LALCs are run by Aboriginal people who do not have connections with the local area. In some instances, LALCs are managed by Traditional Owners but this is the exception rather than the rule. It is farcical to suggest that a piece of colonial legislation could possibly dictate to Aboriginal people who has cultural authority and those who choose to believe this clearly know little about cultural lore.

WTOCWAC is made up of members who have traditional connection to the Bathurst region. WTOCWAC is an award-winning Aboriginal Corporation which provides cultural competency training at the university level.
We are dismayed at the appalling commentary we are seeing in the news and on social media. We work towards bridging gaps but the misinformation is only seeking to divide us even further.

WTOCWAC has always maintained that Wiradyuri culture and motor racing can respectfully coexist at Wahluu.

We have no current applications for heritage listings of any sort for any area at all. Any claims that we do are simply untrue.

The disrespectful remarks and comments being published by certain media organisations have been noted, and in due course we will consider our options regarding the publication of false, misleading and defamatory information about our Corporation and its members.

To community members who have been affected by the disrespectful discourse that has occurred on social media in particular, due to these false and misleading media stories, we encourage you to simply not engage with racist commentary. Please take care of yourselves and remember to engage in the things that keep your spirit well and safe.

Finally, we want to say mandaang guwu (thank you) to our supporters and allies who have stood with us in Dhuluny (truth). We look forward to sharing culture and truth with you in the future.

Image: Peter Norton Epic sports Photography

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