At the WA State Administrative Tribunal, Andrew Forrest and his former wife Nicola are challenging the state government’s refusal of their plan to build a series of weirs along the Ashburton River on their Minderoo Station in the Pilbara.
The proposal is opposed by the Thalanyji people and the Buurabalayji Thalanyji Aboriginal Corporation (BTAC), who say the project would harm the spiritual and cultural significance of the river.
During cross-examination, counsel for the Forrests, Kenneth Pettit SC, questioned the credibility and accuracy of BTAC’s anthropologist, Dr Edward McDonald, whose reports supported the Thalanyji objection. Pettit argued that:
McDonald’s report referred to rituals at Peepingee Pool that had not been performed for over a century, despite describing them as not performed “routinely” in “several years”. McDonald conceded the wording was inaccurate.
McDonald cited a song allegedly sung by Thalanyji women, which was sourced from a 115-year-old report, not from current cultural practice.
McDonald included claims that the weirs could dry out the river, even though all parties agreed they would not. He admitted omitting that clarification was “perhaps an oversight.”
Pettit suggested McDonald’s reports were biased against the project, focusing on negative aspects and ignoring that the weirs would divert only about 1% of the river’s flow—likened to reducing a five-minute shower by three seconds.
McDonald maintained that even a 1–2% change would meaningfully disturb the “sacred structure” of the river, as the natural flow itself is spiritually significant.
Thalanyji elder Trudy Hayes testified emotionally that the river was sacred and central to the community’s spiritual life and healing. She compared building the weirs to “putting a bulldozer through the Vatican”, describing rituals such as spitting river water to show respect. Hayes said the weirs risked damaging traditional food and medicine sources and that previous river developments had already caused enough disruption.
The case continues before the Tribunal, balancing spiritual heritage concerns against landholder development rights.
Read an in depth article in The Australian newspaper here
