Australia: Traditional owners of East Kimberley burial site accepted compensations on damage caused by mining company; co. under liquidation
"'Bittersweet' victory for traditional owners after mining damage to East Kimberley burial site", 2 March 2026
"We have a Dreamtime story for this country, and it's all been shattered," Theresa Darby says, pointing to a large block of rock.
The slab is one of several excavated from the Darrajayin area, on Springvale Station in Western Australia's remote East Kimberley region, where Ms Darby's ancestors were buried.
Growing up off the land, Ms Darby enjoyed a free-roaming childhood, although it was forbidden by family to visit the sacred site.
"We weren't allowed to come through here," she said.
"Yet miners can come and wreck the place, scatter all the remains of our ancestors that have been buried in the hill … where they're chasing rocks for their kitchen benches and tables."
Between 2019 and 2020, miner Kimberley Granite Holdings disturbed almost 9,000 tonnes of material while undertaking exploration activities on Springvale Station.
Sections of Darrajayin, central to sacred serpent dreaming and moon dreaming stories for the Malarngowem people, were irreparably destroyed.
When traditional owners became aware of the damage, they made their distress known and urged the state government to prosecute Kimberley Granite Holdings.
However, no prosecution took place…
Compensation claim launched
The Malarngowem Aboriginal Corporation, represented by the Kimberley Land Council, brought a compensation claim against the state…
It argued the government's actions, including granting the exploration licence, caused cultural harm to native title holders.
The claim settled … after what Ms Darby described as a divisive legal process.
"The process took about four years," she said.
… As part of the mediated settlement reached last year, a new Aboriginal heritage protected area has been declared over the location — the first in more than 30 years.
Malarngowem Aboriginal Corporation director Russell Gregory said the declaration was an historic milestone…
Kimberley Land Council chief executive Tyronne Garstone said the declaration would protect the Darrajayin area against further mining activities.
"It's a bittersweet end to a number of years that Malarngowem prescribed body corporate has had to fight to seek justice," he said.
"It's the highest level of protection any group can receive under the current state legislation.
… Ms Darby said the declaration was a significant and emotional moment for her family and community.
"Now we can tell this story to our children and grandchildren," she said.
"We can show them how we fought for this protection, so they do not have to keep fighting mining companies in the future.
"I want to go back onto country, sit there, sing out to my grandmother and great-grandmother, and let them know we have done this."