‘Utterly disgraceful’: Senator Jacinta Nampijinpa Price sounds alarm on the EDO and ‘fake’ Aboriginal people

Federal Opposition Indigenous Minister Jacinta Nampijinpa Price has attacked the Environmental Defenders Office and raised concerns about people masquerading as Aboriginal in light of Regis Resources’ gold mine rejection. The taxpayer-funded EDO backed a protracted legal challenge to Regis’ $1 billion McPhillamys gold project in New South Wales by a small number of Wiradjuri people, spearheaded by Wiradjuri Elder Nyree Reynolds. Ms Reynolds has not responded to The West Australian’s request for comment. Senator Price on Tuesday said it is “utterly disgraceful” the Albanese government continues to fund the EDO — which is essentially a legal service for environmental activists — and called into question the organisation’s practices. “We need to know more detail about the individuals that EDO have been consulting with regard to this case, because it has been concerns have been brought up about the individuals that the EDO have used for this particular case,” Ms Price said. “We know, as Indigenous Australians that there are a lot of people who are claiming to be Indigenous, who are, in fact, are not Indigenous, and this is a growing concern amongst Indigenous Australians. “It certainly is (a concern) amongst the Wiradjuri people . . . I have many conversations with those who are legitimate Wiradjuri people as well.” Environment Minister Tanya Plibersek late last week ruled in favour of a Section 10 application under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 lodged by Ms Reynolds in 2020 — effectively killing off McPhillamys — on grounds the development would harm “confidential” traditions at a nearby spring. “They (the Beluba headwaters) have featured in many traditions practiced for generations including by Aboriginal people transitioning from youth to young adulthood. Some of these traditions have been disclosed to me privately and must remain confidential due to their cultural sensitivity,” Ms Plibersek said in statement on Friday. There had also been claims McPhillamys would harm “songlines”. Ms Price accused Ms Plibersek of favouring the opinions of a fringe environmental activist, like the EDO, instead of Aboriginal groups. “Minister Tanya Plibersek is disgraceful in terms of decisions that she’s making at the whim of the activist EDO, as opposed to listening to the authority on the ground to ensure that this project goes ahead,” she said. EDO chief David Morris rejected Senator Price’s characterisation of the organisation’s work. “EDO plays a fundamental role in providing access to justice to a vast range of clients across Australia who would otherwise not be able to access legal services,” Mr Morris said. The primary Aboriginal corporation in the region — the Orange Local Aboriginal Land Council — did not oppose McPhillamys, describing its stance on the development as “neutral”. Roy Ah-See — a prominent Wiradjuri leader — said the Environment Minister was wrong to prefer the views of McPhillamys opponents over the written advice of the OLALC. Regis had received all substantive state and federal approvals, including Aboriginal cultural heritage approvals, prior to Ms Plibersek’s ruling. Cultural assessments showed there were no tangible artefacts at the site that would have been destroyed or disturbed. Association of Mining and Exploration Companies chief executive Warren Pearce said it was “alarming” to hear reports that section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act is being “weaponised” by environmental activists to stall and stop projects like McPhillamys. “When a mining project doesn’t go ahead, neither do the benefits for Aboriginal people, that they have negotiated for themselves.” McPhillamys would have created 580 construction jobs and $200 million worth of royalties to NSW. The Coalition has vowed to defund the EDO, which currently receives more than $2 million of Federal Government funding annually. The WA state government is also tipping in about $300,000 of taxpayer cash each year to the EDO and has refused calls to turn off the funding tap. WA Premier Roger Cook again backed the EDO on Tuesday. “It’s part of the ecosystem for the approvals process,” he said. “I respect that that process, it’s independent, it provides evidence-based advice to the regulatory authorities, and that’s the way to go.” But the EDO was rebuked by Federal Court Justice Natalie Charlesworth earlier this year for confecting evidence during a failed legal challenge to Santos’ Barossa gas project. It was found that one of the firm’s former lawyers — who helped prepare Tiwi Islander witnesses for the trial — had misrepresented their views.