The planned ferry terminal at Boorloo / Perth's Matilda Bay poses a risk to Noongar cultural heritage, according to a bid to halt the project under federal law.
The application under Section 10 of the Commonwealth's Aboriginal and Torres Strait Islander Heritage Protection Act was lodged by a Noongar woman, who has not been publicly identified, in January and this week has been advertised by the federal government with a notification of an application for the protection of a specified area and "invitation to make representations", including full page ads featuring details of the application and a map showing the area.
The specified protected area for which protection is being sought spans from Boorloo's well known Blue Boat House off Mounts Bay Road to the Matilda Bay Reserve Boat Ramp.
The application argues that the proposed ferry terminal and associated infrastructure presents a danger to "a culturally and spiritually significant site", would "permanently alter the cultural landscape, desecrate sacred sites... and irreversibly degrade the environment".
Derbal Yerrigan / the Swan River holds great cultural significance for the Noongar people and its long shorelines are home to many important sites.
The West Australian reports a tender process is underway to choose a builder for the Matilda Bay terminal and a second terminal planned for Applecross, in Boorloo's southern suburbs.
The plan for Matilda Bay terminal and route had sparked local opposition, with residents concerned about the impact on the bay and people who use it.
The West reports the woman said "the fact there's so many Aboriginal Elders and communities who don't feel heard and who are distressed about the outcome was eough for me to feel like some other action could be taken, and the federal process is there for that reason".
A Section 10 declaration under federal law is a remedy sought where State or Territory legislation is "ineffective or inadequate", a 1993 high court ruling found. Western Australia's 1972 Aboriginal Heritage Act, some 12 years older than the federal equivalent, has long been maligned for its weak provisions.
Federal Environment Minister Murray Watt will be responsible for the final decision on the application and his department has not offered a timeline on the assessment process.
