The environment minister, Murray Watt, has been advised by his department to declare a protection order over part of the Burrup peninsula in Western Australia due to its significance as an Aboriginal site, a government affidavit filed in the federal court shows.
A Murujuga traditional custodian, Raelene Cooper, applied in 2022 to protect the area’s cultural heritage from nearby industrial activities, including the gas giant Woodside’s planned extension of its north-west shelf processing plant.
Her court action seeks an order that would force the federal government to make a decision in her application under section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act. A judgment in the matter was expected on Monday afternoon.
Cooper filed the application for protection due to concern about the impact of industrial activities on the Murujuga cultural landscape, including its globally significant collection of rock art, which was placed on the world heritage list last month.
A redacted version of an affidavit filed by the minister last week, and released by the court to Guardian Australia, shows the environment department has recommended Watt make a section 10 declaration over part of the site.
A brief provided to the minister last week shows the department advised Watt he could be satisfied “the specified area is a significant Aboriginal area” for the purposes of section 10 of the act and “is under threat of injury or desecration”.
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The proposed order “would contain prohibitions and restrictions for the protection and preservation of the proposed declared area from injury or desecration”, according to emails sent by the department last Tuesday to affected parties including Cooper and her legal team, Murujuga Aboriginal Corporation, the WA government, Woodside and the chemical companies Perdaman and Yara.
The area the proposed declaration would apply to and the associated “prohibitions and restrictions” have been redacted, meaning it is unclear whether and to what extent any declaration would affect industrial activities at the site.
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Emails sent by the department show the government is seeking comments from the affected parties and has asked them to meet officials this week before Watt makes a final decision.
Watt declined to comment while the matter remained before the federal court.
A Woodside spokesperson said section 10 declarations were a matter for the federal government and declined to comment. Watt announced in May he had given the company’s north-west shelf extension provisional approval but a final decision is yet to be made.
Guardian Australia has sought comment from Cooper and her legal team.
After last week’s federal court hearing, Cooper said she had originally brought the application in early 2022 “when I learned how my cultural heritage would be affected if industry was allowed to continue expanding on Murujuga, including Woodside’s North West Shelf extension”.
She said she was “sick of waiting for the government to do its job” and called on the minister to make a decision on her application.
“If the minister waits any longer, there will be nothing left to protect,” she said.
