Government compromise on Western Hwy project will minimise damage to Aboriginal cultural heritage
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Gentle guitar music begins to play.
An opening slide fades from black, containing text: “We pay respect to First Nations custodians of Country throughout Victoria. This respect is extended to their Elders past, present and emerging. We acknowledge their sovereignty was never ceded. We pay particular respect to the Djab Wurrung people, their families and Elders as the true custodians of Country discussed in this Investigation.”
The slide fades to black and then a new text slide appears, containing the Victorian Ombudsman logo with text below: “We take complaints about Victorian government organisations. This video outlines the Ombudsman’s Investigation into the planning and delivery of the Western Highway duplication project.”
The text fades to a panning aerial shot of a vast green tree-filled landscape with the Western Highway running through the middle.
Text appears to indicate that the video is spoken by Victorian Ombudsman Deborah Glass.
Glass: The project to duplicate the Western Highway near Ararat, on the traditional lands of the Djab Wurrung people, generated many complaints to my office that the highway expansion would damage or destroy a sacred area.
A simplified map appears on screen, showing the planning and construction status of each of the stages of the Western Highway project.
Glass: We were told that the government did not consult traditional custodians when planning the project, that it was not listening to people who wanted the area protected, and that it ignored options that would have provided better cultural and environmental outcomes.
A slide appears on screen with the following text:
“We were told the government:
- did not consult traditional custodians during planning
- was not listening to people who wanted the area protected
- ignored options that would have provided better outcomes.”
Glass: Parts of Djab Wurrung Country have been occupied by Aboriginal people for more than 12,500 years.
Two connected images pan across the screen from left to right. The right image is a map of Western Victoria Aboriginal languages and dialects, showing where the Djab Wurrung Country spans. The left image is an artistic depiction of Aboriginal people on Country at Middle Creek, south-east of Langi Ghiran.
Glass: But colonisation in the nineteenth century saw decades of invasion and dispossession.
An image pans down the screen from bottom to top, an artistic depiction of Aboriginal people on Country amongst the trees near Challicum, south-east of Langi Ghiran.
Glass: It was during this period that the first parts of road we now refer to as the ‘Western Highway’ were constructed.
Two connected images pan across the screen from right to left. The left image is a newspaper clipping containing a government advertisement of country lots at Langi Ghiran in 1857. The right image is a photograph of a small township along Barkly Street, Ararat facing Mount Langi Ghiran.
Glass: We found that:
- Aboriginal cultural heritage was recognised when planning began in 2008
- consultation with local residents and landholders was extensive, but that
- consultation with Aboriginal communities was limited to officially recognised bodies.
A slide appears on screen with the following text:
“We found that:
- Aboriginal cultural heritage was recognised when planning for the highway began
- consultation with local residents and landholders was extensive
- consultation with Aboriginal communities was limited to officially recognised bodies.”
Glass: Despite agencies conducting relatively extensive cultural heritage assessments, information concerning two possible birthing trees along the chosen route was not reported until 2017.
An image pans down the screen from bottom to top, showing a map of recorded Aboriginal cultural heritage sites between Buangor and Ararat.
It then fades to another image: a depiction of hollow red gum along waterway south of Langi Ghiran, 1850.
Glass: This was after the highway alignment had already been determined.
The image of the red gum fades slightly, and text of a quote from the report appears on top of it: “This country holds a great importance [for] past times but it also holds as much importance for the future.” – Email submission to the investigation
Glass: As a result of significant negotiations and advocacy by Eastern Maar Aboriginal Corporation, and representations by the Djab Wurrung Heritage Protection Embassy and others, the government agreed to modify the route.
A detailed map appears, showing the existing highway, and four route alignment options, all in different colours. It also shows the locations of the two birthing trees and other culturally significant trees. The trees are then highlighted for emphasis while the map is on screen.
Glass: The modified alignment will preserve the two possible birthing trees and the majority of other potentially culturally significant trees identified by traditional custodians.
The map then fades to a technical drawing of the proposed modifications to the approved highway alignment to avoid a birthing tree to the south-east of Langi Ghiran. The drawing zooms in closer so the detail can be clearly seen, and text appears on screen to the right of it: “Proposed modifications (black) to approved highway alignment (blue) to avoid nominated birthing tree (red) to south-east of Langi Ghiran.”
Glass: Eastern Maar has indicated it is satisfied that Aboriginal cultural heritage impacted by the project will be adequately protected. This outcome also enjoys the support of the Victorian Aboriginal Heritage Council, but it is not supported by everyone.
The drawing fades to a blank screen, with text of a quote from the report: “You can’t separate the land from the tree, or the tree from the land. It’s still going to … take out a part of sacred Country.” – Oral submission to the investigation
Glass: I can now observe that the motivations and actions of all parties, no matter on which side of the fence they sit, appear to have been carried out in good faith.
The text fades to a different quote from the report: “It connects all our mob, through that one dreaming and one songline.” – Oral submission to the investigation
Glass: This outcome is a major achievement for those who mobilised to speak up for Country.
The text fades to a different quote from the report: “Now the upgrade is going ahead in a way that protects our cultural heritage. The government has listened to our concerns.” – Statement from Eastern Marr Aboriginal Corporation
Glass: We cannot turn the clock back to undo the damage of the past, nor can we entirely avoid the damage of the present.
The text fades back to the panning aerial shot of a vast green tree-filled landscape with the Western Highway running through the middle.
Glass: But we can minimise the damage, and we can work together to better understand and celebrate what always was, always will be, Aboriginal land.
The shot fades to a closing screen containing the Victorian Ombudsman logo and text below: “To read the report, or for more information, visit our website. www.ombudsman.vic.gov.au . Full references for all images can be found in the Investigation report. Music: Acoustic Breeze from Bensound.com”
The text fades to black, with the music fading to an end at the same time. End.
Victorian government agencies acted in good faith when consulting with traditional custodians seeking to protect Aboriginal cultural heritage on Djab Wurrung Country near Ararat, the Victorian Ombudsman has found.
Ombudsman Deborah Glass said a modified alignment agreed last year - between the Eastern Maar Aboriginal Corporation and Major Road Projects Victoria - will retain 16 out of 22 trees identified as culturally significant, including two large old trees claimed to be birthing trees.
Tabling her Investigation into the planning and delivery of the Western Highway project in the Victorian Parliament today, Ms Glass said it was not her role to determine the best route for the highway duplication. However, she was satisfied government agencies had made considerable efforts to minimise the damage to Aboriginal cultural heritage.
“I can now observe that the motivations and actions of all parties, no matter on which side of the fence they sit, appear to have been carried out in good faith,” Ms Glass said.
“This is a major achievement for those who mobilised to speak up for Country, inconceivable when the road was first built in the nineteenth century,” she said.
Despite agencies conducting relatively extensive cultural heritage assessments, information concerning two possible birthing trees along the chosen highway route was not reported until 2017. This was after the highway alignment had already been determined.
As a result of significant negotiations and advocacy by Eastern Maar Aboriginal Corporation (the Registered Aboriginal Party for the area), and representations by the Djab Wurrung Heritage Protection Embassy and others, the government subsequently agreed to modify the route.
The modified alignment will preserve the two possible birthing trees and the majority of other potential culturally significant trees identified by traditional custodians.
“In light of these and other commitments, Eastern Maar has now indicated it is satisfied that Aboriginal cultural heritage impacted by the project will be adequately protected,” Ms Glass said. “This outcome also enjoys the support of the Victorian Aboriginal Heritage Council. But it is not supported by everyone.”
Ms Glass said her investigation was prompted by complaints from people opposed to the project, who said the government did not consult traditional custodians, was not listening to people who wanted the area protected, and had ignored options that would have provided better cultural and environmental outcomes.
“While consultation with local residents and landholders was extensive, consultation with Aboriginal communities was limited to the officially recognised body,” Ms Glass said. “This complied with legislation and underlines the statutory importance given to Registered Aboriginal Parties. But given the history of dispossession of the Djab Wurrung, was this good enough?”
She said it was not surprising that some Djab Wurrung traditional custodians continue to distrust public authorities associated with the project.
“That distrust - and the resilience displayed by some Djab Wurrung traditional custodians in seeking to protect their traditional lands - is hardly surprising considering past and ongoing Aboriginal experiences of government,” Ms Glass said.
“I acknowledge it is not only the trees, but all the surrounding landscape that carries the weight of Aboriginal history,” she said.
“We cannot turn the clock back to undo the damage of the past, nor can we entirely avoid the damage of the present. But we can minimise the damage – and we can work together to better understand and celebrate that the land always was, always will be, Aboriginal land.”
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