Under the ATSIHPA legislation, the Minister is empowered to make any declaration they deem appropriate to protect cultural heritage.

Ms Cooper said she was “sickened” by the decision.

“At least the whole of Australia now knows about the dirty deals that have been allowed to take place in Western Australia for many years, the worst of which is the North West Shelf extension.”

Court sets date to force minister’s decision

On Friday, the Federal Court ordered that Ms Cooper’s case be heard in the week of July 14, to compel Senator Watt to make a determination of her Murujuga Section 10 cultural heritage assessment.

Ms Cooper said she began legal proceedings to require Minister Watt to do his Ministerial duty and make a decision.

“I am furious that the Minister would make a decision to lock in ongoing and irreversible damage to my country before addressing my application.”

“This is despite the clear international standard set by the United Nations Declaration on the Rights of Indigenous Peoples, which affirms the right to Free, Prior and Informed Consent,” they said.

Last week, the United Nations World Heritage Committee sent Australia’s draft nomination back to “prevent any further industrial development adjacent to and within the Murujuga Cultural Landscape”.

During a Senate inquiry in August last year into the Protecting the Spirit of Sea Country Bill, proposed by Senator Dorinda Cox, she read onto the record a ‘gag’ clause that prevents the Murujuga Aboriginal Corporation from criticising development on the Burrup.