Wangan and Jagalingou custodians win again as Springs case proceeds

Joseph Guenzler
Joseph Guenzler Published June 30, 2025 at 10.15am (AWST)

The Queensland Government's latest attempt to block a court hearing over the protection of Doongmabulla Springs has been rejected by the Supreme Court.

Justice Martin Burns dismissed the State's objections and approved all proposed orders from Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians, allowing the case to proceed.

Senior Cultural Custodian, Adrian Burragubba said the government's effort to delay the case again was unacceptable.

"We were astounded that the Government was again trying to block and delay our efforts to protect the Doongmabulla Springs from a coal mine in the Galilee Basin," he said.

"Thankfully, Justice Burns rejected their arguments and made our proposed orders."

Mr Burragubba said continued delays by the State were putting the Springs at further risk.

"While Governments try to obstruct our case, and ignore the scientific evidence, the springs are further harmed and placed in peril," he said.

"The government should instead do its job and enforce the law or get out of our way."

Mr Burragubba noted the current LNP Government failed to act on reported breaches by Adani's Carmichael coal mine.

"This LNP Government doesn't want to stop the harmful mining activity and address Adani's apparent breaches of their environmental approval," he said.

"They'd rather let it rip and allow the sacred springs and water to be destroyed in the process.

"We maintain that this is unlawful, which is why we have the Environment Department in the Supreme Court."

Nagana Yarrbayn Wanagan & Jagalingou Cultural Custodians, Adrian Burragubba and Meisha McAvoy. (Image: supplied)

Three weeks earlier, they successfully fought off a strike-out application brought by the previous Labor Government which enabled their case, arguing for protection of cultural rights under the Queensland Human Rights Act to proceed.

The cultural custodians allege the Carmichael mine poses a serious threat to the Doongmabulla Springs, and that the State has failed to act on environmental reports provided by Professor Matthew Currell, Professor Adrian Werner, and the Government's own reviews from CSIRO and Geosciences Australia.

Mr Burragubba said the Springs are central to their culture and laws.

"We are asserting our right to protect the Doongmabulla Springs, which are at the basis of our culture," he said.

"They are central to our laws, cultural practices and transmission of knowledge to our younger generations."

He said the government has a legal and moral duty to uphold those rights.

"The Human Rights Act says we have cultural rights," he said.

"Under our law, we also have cultural responsibilities to protect the springs, and the state should respect that.

"The Government has an obligation under the Crown not to limit our human rights...the Government is failing us and has no honour."

The Queensland Government has acknowledged the cultural custodians' rights under the Human Rights Act and their obligations under First Law.

The case will now move forward in the Supreme Court, with the custodians hoping to enforce protections for the Doongmabulla Springs.

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