Gorge legal battle looms

Melissa Chalmers.

By Amelia Willmer

The Traditional Owners of Cambanoora Gorge will hold an urgent meeting this week to discuss what they say is an unfair and unreasonable offer by the Southern Downs Regional Council.

They will then give directions to their legal team in Brisbane.

Traditional Owners say a letter received by them this week from the council has given them only until March 24 to conduct and finalise a cultural heritage survey at the gorge.

The Traditional Owners want an indefinite extension to the voluntary stop work order currently in place on the $2.2million project to concrete three sensitive river crossings on the Condamine River Road.

Southern Downs Regional Council was forced to impose the stop work order after Native Title lawyers in Brisbane advised they could be in breach of their duty of care for failing to properly consult with the Githabul people.

The Traditional Owners are two years into a Native Title claim which includes the Cambanoora Gorge.

The gorge is part of the Githabul Dreamtime Story and is rich in ancient artefacts.

The council called an urgent meeting with the native title applicants at the Coachman Inn in Warwick on Monday 27 February, the first time they had ever formally engaged with the group to discuss the project which has been on the council’s agenda for several years.

Native Title lawyers in Brisbane have now advised the 10 Githabul native title applicants that the council has agreed that a cultural heritage survey should be conducted at the gorge but has given the Githabul people only until March 24 to do so.

“There is no way we can complete a cultural heritage survey by March 24,” said traditional Owner Melissa Chalmers.

“I find that is unreasonable and unfair and, without preempting the meeting with my fellow applicants this week, I can predict we will find the council’s response unacceptable.

“The council has written that they intend to go ahead with project after March 24 because they have met all their legal obligations. That is highly debatable, and our lawyers have asked us to give them directions on how we wish to proceed.

“We ten Native Title applicants will meet this week to discuss the council’s response.

“The whole issue looks like becoming a legal mine-field.

“We will be guided by our lawyers, and we will not be intimidated by unrealistic deadlines from the council.”