'Bittersweet' victory for traditional owners after mining damage to East Kimberley burial site

'Bittersweet' victory for traditional owners after mining damage to East Kimberley burial siteBy Giulia Bertoglio and Jess BakerABC KimberleyTopic:Mining Accidents and IncidentsSun 1 MarSunday 1 MarchSun 1 Mar 2026 at 10:59pmTheresa Darby is one of many East Kimberley traditional owners dealing with anger and heartache over damage by a mining company. (ABC Kimberley: Giulia Bertoglio)abc.net.au/news/darrajayin-east-kimberley-protected-area-mining-damage/106314664Link copiedShareShare article"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.Granite was excavated from a sacred and burial place in the remote East Kimberley. (ABC Kimberley: Giulia Bertoglio)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.Tommy Polkinghorne is saddened by the irreversible destruction of the heritage site. (ABC Kimberley: Giulia Bertoglio)Ms Darby's brother Tommy Polkinghorne, who also grew up on Springvale Station, said the snake in the serpent dreaming story was wiped out by mining activities."It's gone now," he said."All the dead bodies, all finished, all been smashed up and sent somewhere."I just don't want to go there anymore because they didn't even clean that mess up."I asked them if they can come and say sorry to us … sorry for what they've done. They didn't even do that."Compensation claim launchedThe Malarngowem Aboriginal Corporation, represented by the Kimberley Land Council, brought a compensation claim against the state in 2021.It argued the government's actions, including granting the exploration licence, caused cultural harm to native title holders.The Darrajayin Protected Area is the first of its kind to be created in WA in nearly three decades. (ABC Kimberley: Giulia Bertoglio)The claim settled in January 2025 after what Ms Darby described as a divisive legal process."The process took about four years," she said."The money was issued out, and it was a relief to know we won, but now we're still waiting for the issuing part."It was stressing, emotional. There were a lot of arguments."Battle comes to bittersweet endAs 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."It was a long process, but it was worth it and everyone was pretty happy," he said."It's a very big win for Gija people, just off the top … but it's a big win for the other native title bodies too."It's important to set a … benchmark in regards to what's possible."Russell Gregory says the declaration is a victory for all traditional owners.  (ABC Kimberley: Giulia Bertoglio)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."There can be no more claims of ignorance to say 'this is not a significant area' … and does ensure there are higher regulations that need to be met."After a long legal battle, these sacred sites are finally protected. (ABC Kimberley: Giulia Bertoglio)Regarding the length of time taken to declare the 116-square-kilometre site protected, a WA government spokesperson said it was in line with expectations."Following the incident, Malarngowem Aboriginal Corporation lodged legal action in the federal court, with parties negotiating to pursue a protected area status through a negotiated settlement to prevent further cultural impacts," they said."This involved documenting the site, lodging Darrajayin for assessment, and engaging with landholders affected by the declaration."The time taken aligns with what was expected, taking into account the complexity of the process."Theresa Darby says the recognition is a significant step forward for her community. (ABC Kimberley: Giulia Bertoglio)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."ABC Kimberley — local news in your inboxGet our local newsletter, delivered free each TuesdayEmail addressSubscribeYour information is being handled in accordance with the ABC Privacy Collection Statement.Posted Sun 1 Mar 2026 at 10:59pmSunday 1 Mar 2026 at 10:59pmSun 1 Mar 2026 at 10:59pmShare optionsCopy linkFacebookX (formerly Twitter)Top StoriesTrump warns Europe of 'very bad future' as US demands help with shipping crisisTopic:Unrest, Conflict and WarNetwork hit with licence conditions after Kyle and Jackie O breachesTopic:RadioSydney Swans take responsibility for Bondi tribute script changeTopic:Royal CommissionsPaul Keating says Defence is trying to 'vandalise the national estate' as many fight land saleTopic:Defence IndustryDavid Speirs says he is 'owning' his drug conviction as he chases a return to officeTopic:Political CandidatesRelated storiesMiner won't be prosecuted over damage to Aboriginal site in WATopic:Mining and Metals IndustryWittenoom traditional owners launch $1.5 billion compensation claimTopic:AsbestosTraditional owners 'won't accept' Argyle diamond mine site handbackTopic:Mining Environmental IssuesRelated topicsHalls CreekIndigenous AustraliansMining Accidents and IncidentsTop StoriesTrump warns Europe of 'very bad future' as US demands help with shipping crisisTopic:Unrest, Conflict and WarNetwork hit with licence conditions after Kyle and Jackie O breachesTopic:RadioSydney Swans take responsibility for Bondi tribute script changeTopic:Royal CommissionsPaul Keating says Defence is trying to 'vandalise the national estate' as many fight land saleTopic:Defence IndustryDavid Speirs says he is 'owning' his drug conviction as he chases a return to officeTopic:Political CandidatesJust InTrump warns Europe of 'very bad future' as US demands help with shipping crisisTopic:Unrest, Conflict and War58m ago58 minutes agoMon 16 Mar 2026 at 3:41pmTeenager pleads not guilty to murder over alleged role in fatal stabbingTopic:Courts7h ago7 hours agoMon 16 Mar 2026 at 8:51am'We don't talk about it enough': Mum makes emotional return to Super NetballAnalysis by Brittany Carter8h ago8 hours agoMon 16 Mar 2026 at 7:58amFar North Queensland father jailed for 14 years for killing five-year-old sonTopic:Child Abuse8h ago8 hours agoMon 16 Mar 2026 at 7:41amMore Just InBack to top