Forrest fails in bid to use sacred water for WA station

Billionaire Andrew Forrest has failed in a bid to overturn a decision stopping him from using water from a river, sacred to traditional owners, to irrigate his pastoral property.

The WA State Administrative Tribunal rejected an appeal by Mr Forrest's cattle company to build nine weirs along the Ashburton River, also known as Mindurru.

The decision comes four years after the mining magnate's cattle company Forrest and Forrest Pty Ltd first requested approval to build the weirs to drought-proof its Minderoo cattle station, nearly 1400km north of Perth.

The original proposal sought permission to build 10 weirs and a granite quarry under the same permit which allowed Rio Tinto to blow up 46,000-year-old rock shelters at WA's Juukan Gorge.

Then Aboriginal affairs minister Ben Wyatt rejected the proposal but the company lodged an appeal to review the decision, arguing not all of the river could be considered a sacred site.  

Mr Forrest argued the word sacred did not apply to mythological story, song or belief.

The Thalaynji people were concerned the weirs could impact the river's ecosystem and flow, and disturb the water serpent Warnamankura who lives there.

"Changes to the river that are caused by the weirs might make Warnamunkura angry," a traditional owner said in evidence.

"In the worst case he might leave the river and we will see fish die and water dry up. 

"Warnamunkura is the guardian of the river, the plants and animals and us people as well. The whole of the river is sacred to us and the last thing I would want to see is for it to be disturbed by another 10 weirs."

The tribunal found the entirety of the river was culturally significant to the Thalaynji, who say it has healing powers and its women are named after.

"We are satisfied that the Thalanyji's deep connection to the river, and their belief in its healing properties, is such that the Thalanyji relationship to the river is properly regarded as deeply spiritual," it said.

"In Thalanyji culture, the river is regarded with deep respect and reverence. The river can thus be regarded as sacred to the Thalanyji and we so find."

There were also concerns the construction of the weirs would damage sites of archaeological significance as cultural artefacts had previously been found on the riverbank.

"We are grateful the decision puts our spiritual connection and culture before private cattle interests," native title group Buurabalayji Thalanyji Aboriginal Corporation said in a statement.

"The Thalanyji people have been custodians of the river for over 60,000 years, and damage to the river rightfully should not be allowed for the sole benefit of a local pastoralist."

The statement said the decision provided hope the lessons needed after the destruction of Juukan Gorge were being learnt.

The decision was made under WA's old Aboriginal cultural heritage laws, which have since been overhauled.

A new Aboriginal Cultural Heritage Act, which strengthens the right of native title holders to appeal government decisions around sacred sites, will come into effect later this year.