Doongmabulla Springs case proceeds to civil trial in Queensland's Supreme Court
Adrian Burragubba and fellow Wangan and Jagalingou men on traditional lands near a Carmicheal mine site. (Supplied: Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians)
In short:
Claims the Queensland government failed to adequately protect a sacred site in Central Queensland will be heard in the Supreme Court.
The Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians started legal action against the state government in 2024.
What's next:
A trial date is yet to be set.
A legal stoush over the Queensland government's role in protecting a sacred site in Queensland's Galilee Basin will proceed to trial in the Supreme Court.
The Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians began legal action against the state government two years ago, alleging the Environment Department had not done enough to protect the Doongmabulla Springs.
The springs, between Mackay and Winton in central Queensland, form a group of wetlands near the Carmichael River and are regarded as a sacred site.
The Doongmabulla Springs are an artesian springs complex. (Supplied: Tom Jefferson (Lock the Gate))
The custodians were concerned work at the Carmichael coal mine had impacted the water level and quality at the springs, and called for the alleged damages to be investigated.
In January, the full bench of Queensland's Court of Appeal ruled in favour of the cultural custodians' appeal, giving the government 28 days to decide if it would seek leave to appeal to the High Court.
That deadline has now passed.
In a statement, senior cultural custodian Adrian Burragubba said the traditional custodians were pleased the matter would be heard in court.
He alleged the state government failed to uphold its environmental responsibilities.
"They issued the environmental protection conditions on the mine, they refused to act on the evidence of harm, and spent two years trying to shut us down," Mr Burragubba said.
Queensland's Department of Environment, Tourism, Science and Innovation declined to comment.
Bravus Mining and Resources — the owner of the Carmichael coal mine — is not a party to any legal proceedings and the ABC is not alleging any wrongdoing.
'Huge breakthrough' for human rights recognition
With no further appeal sought, the cultural custodians said the Court of Appeal's judgment had confirmed Aboriginal cultural rights were enforceable under Queensland law.
"This is a huge breakthrough," Mr Burragubba said.
The traditional owners of the land are concerned work at the Carmichael coal mine has impacted the water level and quality at the springs. (Supplied)
After the judgment, the Queensland Human Rights Commission, an intervener in the appeal, said the decision provided clarity on when and how human rights should be considered.
Under the Queensland Human Rights Act, the commission can present independent advice in a court case that concerns human rights issues.
"The Court of Appeal's decision recognises that human rights protected by the Human Rights Act are real and enforceable," Queensland Human Rights Commissioner Debbie Platz said.
"There should be greater legal clarity and fewer technical legal barriers in similar matters."
The trial will proceed in the Supreme Court, with hearing dates yet to be confirmed.