FEDERAL COURT ORDERS ACTION ON MURUJUGA HERITAGE PROTECTION
BY ASAD KHAN
Court Rules Delay “Unreasonable”
Murujuga traditional custodian Raelene Cooper has won a landmark ruling in the Federal Court of Australia.
Justice Stewart ordered Environment Minister Murray Watt to make a decision on Cooper’s Section 10 application under the Aboriginal and Torres Strait Islander Heritage Protection Act by 12 September 2025. If no decision is made, the Minister must return to court on 19 September 2025.
Justice Stewart criticised the government’s inaction, stating, “There is a positive duty under the relevant provisions to make a decision in a timely manner… The delay in this case is unreasonable and has not been adequately explained.” The court also indicated that Ms Cooper would likely be awarded costs.
Years of Delays and Damage
Ms Cooper lodged the Section 10 application in February 2022, seeking urgent protection for Murujuga’s cultural heritage. An independent report by Alison Stone was provided to the government in June 2023. Despite this, no determination was made, while major industrial projects progressed.
Counsel for Ms Cooper, Edward Muston SC, told the court that construction of the Perdaman fertiliser facility, including a causeway, occurred during the period the Minister withheld action, causing irreversible damage to heritage sites.
The Court agreed with Ms Cooper’s argument that the government’s delay not only failed its legal obligations but also resulted in the destruction of areas identified in the independent report as needing protection.
Government Acknowledges Next Steps
On 19 August 2025, the government disclosed through an affidavit that the Minister had received recommendations to make a Section 10 declaration for part of Murujuga.
The following day, counsel for the Minister confirmed in court that further consultation with stakeholders, including Cooper and industry representatives, was underway before a final declaration is made.
Ms Cooper met with the Department of Environment earlier today and is scheduled to meet again on Murujuga later this week.
A History of Legal Victories
This is not Ms Cooper’s first Federal Court win. In 2023, she successfully challenged Woodside’s seismic blasting plans for its Scarborough gas project, resulting in the cancellation of the approval.
She is also engaged in legal proceedings concerning Woodside’s proposed North West Shelf extension, which she argues could threaten thousands of Murujuga petroglyphs through industrial emissions.
Ms Cooper Responds to the Decision
Speaking after the ruling, Ms Cooper, a Mardathoonera woman and former Chair of the Murujuga Aboriginal Corporation, said she was relieved the Court recognised the government’s delay as unreasonable.
“After three and a half years of waiting for this process, I am relieved that the Federal Court has found the delays have been unreasonable,” she said.
“It is deeply regrettable, and breaks my heart to know that many of the sites I tried to protect… have already been damaged or destroyed while this process has been underway.”
Ms Cooper accused the Albanese Government of prioritising industry approvals over heritage protection, drawing parallels with the destruction of Juukan Gorge.
“During this time, it has been traumatising to witness the devastation caused by the construction of the Perdaman fertiliser facility without the consent of traditional custodians… This same thing cannot be allowed to happen with the Woodside North West Shelf extension.”
Looking Ahead
The Minister is legally required to give Ms Cooper three business days’ notice before making a final decision on Woodside’s North West Shelf extension under the Environment Protection and Biodiversity Conservation Act. No notice has yet been given.
Ms Cooper has called on Minister Watt to visit Murujuga in person before making any further decisions.
“Before the Minister makes any decision about Woodside’s North West Shelf extension, he must pay us the respect of coming here to meet with the Custodians of this place and see the incredible Murujuga rock art with his own eyes,” she said.