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Posted: 2021-02-24 07:39:35

The West Australian Government is investigating a potential breach of Aboriginal heritage laws by iron ore miner Fortescue Metals Group (FMG) in the state's north-west.

In January, FMG began ground-disturbing works at its Queen Valley site — part of the miner's Solomon Hub project — near Tom Price.

According to the Wintawari Guruma Aboriginal Corporation, which represents traditional owners in the area, the works began without local elders present.

The ABC understands that by proceeding without representatives on site, FMG breached its agreements with the Wintawari Guruma (WGAC) native title holders.

"WGAC members are disappointed by FMG's actions," a spokesperson said.

Minister for Aboriginal Affairs Ben Wyatt said the government was "officially investigating" a suspected breach of Section 18 of the Aboriginal Heritage Act.

"The matter is being treated very seriously and with utmost priority by the Department," Mr Wyatt said.

"I trust that the investigation will be managed expeditiously and concluded swiftly."

Fortescue chief 'deeply sorry'

According to FMG, the breach occurred because of an administrative error, leading to work commencing sooner than planned.

Elizabeth Gaines standing in a white t-shirt and black jacket
Elizabeth Gaines says all clearing works at the mine site have been paused.(ABC News: Hugh Sando)

FMG's chief executive officer, Elizabeth Gaines, said she was deeply sorry for the incident.

"I have spoken to Wintawari Guruma Aboriginal Corporation chairman Glen Camille regarding this incident to personally express my regret and sincere apology on behalf of Fortescue," Ms Gaines said.

The revelation of the suspected breach comes two days after damage to a culturally-significant site near a BHP mine in the Pilbara was reported.

Last year, iron ore miner Rio Tinto attracted international condemnation for its destruction of 46,000-year-old rock shelters at Juukan Gorge.

An aerial view of the red dirt and trees of the Juukan Gorge.
The destruction of Juukan Gorge rock shelters prompted a parliamentary inquiry.(Supplied: Puutu Kunti Kurrama and Pinikura Aboriginal Corporation)

Warren Entsch, who is chairing the federal parliamentary inquiry into the destruction of Juukan Gorge, said the damage near the BHP site would be considered by the inquiry.

"That will provide information to us — if there's additional recommendations that we can make in relation to activities in Western Australia, it will certainly be in the mix," he said.

Mr Entsch said the incidents highlighted the need for legislative change to the Aboriginal Heritage Act.

"This sort of thing will continue to happen until such time as the WA legislation is comprehensively changed."

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