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Wednesday, 16 August 2000
Page: 19221


Mr Stephen Smith asked the Minister representing the Minister for the Environment and Heritage, upon notice, on 29 June 2000:

(1) Has the Minister received an application under the Aboriginal and Torres Strait Islander Heritage Protection Act from a Mrs Edna Bropho and others concerning the WA State Government placing a prison on an Aboriginal site at Eden Hill, Western Australia.

(2) Has the Minister requested Mr Peter Marks to report to him under subsection 10(4) of the Act.

(3) What qualifications does Mr Marks have to undertake such a reporting task.

(4) Is a prison a suitable institution to be established on land of special significance to the Aboriginal people of WA.

(5) Is the Minister aware that any approval by him to allow the prison to placed on the site will, in all probability, mean Aboriginal prisoners being placed in a prison on an Aboriginal sacred site.

(6) When will the Minister be in a position to take action to protect the Pyrton site against this proposed action by the WA Government.

(7) Will the Federal Government allow this insult to be visited on Aboriginal people by the WA Government.


Mr Truss (Minister for Agriculture, Fisheries and Forestry) —The Minister for the Environment and Heritage has provided the following answer to the honourable member's question:

(1) Yes. I have received applications for protection, under both section 9 and section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, over the site of a proposed prison in the Eden Hill area.

(2) In line with the provisions of the Act, I have nominated Mr Peter Marks under s.10.(1)(c) of the Act to invite representations from interested persons, and to prepare a report to me on the matters prescribed in the Act. Mr Marks provided his report, along with representations made to him, on 6 June 2000.

(3) Mr Marks is an experienced lawyer and able to perform the functions prescribed in the provisions of the Act.

(4) and (5) These matters are dealt with in Mr Marks' report, which I am considering.

(6) and (7) I am required under the provisions of the Act to consider Mr Marks' report, the attached representations made to him, and any other relevant matters. When I have done so I will decide whether to make the declaration of protection sought by the applicants.