Federal Environment Minister Sussan Ley’s office confirmed it received a request last week to urgently reassess the design of the four-lane Lloyd Street bridge,which crosses the Helena River,under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act.
Opponents of the Lloyd Street bridge design say they are not being listened to.Supplied
The law allows the Commonwealth to protect areas and objects of significance to Australia’s indigenous people from being desecrated or injured.
Opponents of the bridge labelled its approval by the City of Swan and state government an environmental and cultural failure,and compared the situation to Rio Tinto’s destruction of the Juukan Gorge caves in 2020,given its construction will destroy one of the most important Noongar sites dating back 29,000 years.
The project was approved under section 18 of the Aboriginal Heritage Act,the same law that paved the way for Juukan Gorge’s destruction. The WA legislation was replaced with the Aboriginal Cultural Heritage Act in December.
A new application to reassess the project’s approval was submitted by Greg Ugle on behalf of 12 Traditional Owners.
In his submission,Mr Ugle called for the project,jointly funded by the City of Swan and the federal and state governments,to be halted while the assessment is undertaken.
“We do not want a bridge to be built in such an important location,” he said.
“The bridge is proposed to span the Helena River wetland,a registered Aboriginal heritage site and a conservation category wetland.
“The floodplain is the mythological site for the Wagyl,the Noongar creation spirit,and is culturally very important to us.
“Any disturbance of this site will cause irreversible damage to its heritage and mythological value.”
A rock shelter at Helena River.Supplied
Mr Ugle said Traditional Owners were willing to accept an amended bridge design as long as the site was better protected.
“We are not being listened to,” he said.
“We are deeply concerned that Main Roads and the WA government are proceeding without fully understanding the damage that will be done to our environment,culture and heritage.
“No one should touch this site until a proper agreement is reached.“
A spokesman for federal Environment Minister Sussan Ley said an independent reporter will be appointed to assess the application.
“State and territory governments are primarily responsible for the protection of Indigenous heritage places in accordance with the relevant legislation of each,” he said.
“The Aboriginal and Torres Strait Islander Heritage Protection Act (1984) allows the minister to make a range of recommendations where state or territory legislation has not provided adequate protection.”
The minister’s office was unable to say how long the assessment would take,however the application currently would not impact on works starting on the bridge project.
A state government spokeswoman said Planning Minister Rita Saffioti had not been formally advised of any Section 10 assessment being undertaken.
“The Commonwealth government is a significant contributor to the Lloyd St Bridge and I understood they were supportive of the project proceeding,” she said.
The City of Swan had been working to progress the bridge project for more than 20 years to create a new entry into the rapidly growing region and reduce the traffic gridlock through Guildford.
Main Roads provided the Lloyd Street bridge concept design to the city for endorsement as part of its wider plans for the $380 million Great Eastern Highway Bypass Interchanges project which is already under way.
Early bridge construction activity was scheduled to start in the second half of this year.
Federal Indigenous Australians Minister Ken Wyatt,whose electorate the project is in,has previously declined to respond toWAtoday questions on whether he had had discussions over the concerns of Traditional Owners,stating the federal government had contributed $20 million to the WA government to work with the council to deliver the project.
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