Council and traditional owners make joint statement on agreement reached in NSW Supreme Court

MEDIA RELEASE 11 November 2022

Mayor Robert Taylor and Wiradyuri Elder, Traditional Owner and Public Officer for Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCW AC) Yanhadarrambal have announced that an agreement has been reached between Council and the Wiradyuri Traditional Owners Central West Aboriginal Corporation (WTOCW AC) in the NSW Supreme Court.

“The case related initially to orders to restrain work on the proposed Go Kart track development at the top of Mount Panorama/ Wahluu,” Cr Taylor said.

Joint Statement

The Wiradyuri Traditional Owners Central West Aboriginal Corporation ("WTOCW AC") and the Bathurst Regional Council announce that they have agreed to resolve the NSW Supreme Court proceedings that were commenced by the WTOCW AC in March 2021.

In those proceedings, the WTOCW AC sought orders from the court that the WTOCW AC is the holder of a profit a prendre by prescription over a portion of land on Mount Panorama Wahluu, and that the Council be restrained permanently from undertaking works on that land that substantially interfere with the profit a prendre asserted.

On 30 April 2021, the Commonwealth Minister for the Environment made a declaration under section 10(1) of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth), which, in substance, declared the part of the land (Site) to be a significant Aboriginal area that is to be preserved and protected from injury or desecration in a manner set out in section 6 of the declaration.

While the terms of the settlement will remain confidential, they include:

1. Agreement by the Council to not undertake specified actions which may alter the topography of the Site;

2. Agreement by the Council to remediate a portion of the Site, and thereafter permit public access to that land, having regard to budgetary constraints;

3. Agreement by the Council to remediate the balance of the Site in consultation with the Corporation, and thereafter permit public access to that land; and

4. Discontinuance of the NSW Supreme Court proceedings.

The WTOCW AC and Council look forward to working together in the future, including to continue to preserve Mount Panorama Wahluu for the benefit and use of the public.

ENDS

Media contact: Media Officer