Muckaty Station

Muckaty Station, also known as Warlmanpa, was a pastoral lease, now Aboriginal freehold land in Australia's Northern Territory, near Tennant Creek. Originally under traditional Indigenous Australian ownership, the area became a pastoral lease in the late 19th century and for many years operated as a cattle station. It is traversed by the Stuart Highway, built in the 1940s along the route of the service track for the Australian Overland Telegraph Line, a natural gas pipeline built in the mid 1980s, and the Adelaide–Darwin railway, completed in early 2004. Muckaty Station was returned to its Indigenous custodians in 1999.

The area comprises semi-arid stony ridges, claypans and a stony plateau, and experiences a sub-tropical climate, with a wet season between January and March. The vegetation is mostly scrubland, including spinifex grasslands. The fauna is generally typical of Australian desert environments, and includes the Red Kangaroo, the Eastern Wallaroo, the Northern Nail-tail Wallaby, and the Spinifex Hopping Mouse. As of 2010, a site within Muckaty is being considered for Australia's low-level and intermediate-level radioactive waste storage and disposal facility.

History

The Adelaide–Darwin railway in the region of Muckaty station

There are seven Aboriginal groups or clans who are traditional owners of the land and dreaming sites now known as Muckaty Station (and often referred to as just "Muckaty"): Milwayi, Ngapa, Ngarrka, Wirntiku, Kurrakurraja, Walanypirri and Yapayapa.^[1]

In the 1870s the Australian Overland Telegraph Line was constructed from Adelaide to Darwin. Repeater stations were built at regular intervals along the line, including at Powell's Creek to the north and Tennant's Creek to the south, but not on what is now Muckaty Station.^[2] A dirt track was formed to service the telegraph line, which became the Stuart Highway, crossing the eastern part of Muckaty. The route became an all-weather highway in late 1940,^[3] but was not sealed until 1944.^[4][5]

At the same time as the telegraph line was completed, a pastoral industry began to develop in central and northern Australia. The first pastoral lease was granted in 1872, and by 1911 there were at least 250 such leases covering over 180,000 square miles (470,000 km²) of the Northern Territory.^[6] The Muckaty pastoral lease was created in the late 19th century.^[7] In the 1930s, the Australian government was sufficiently concerned about the condition and (lack of) development of the pastoral leases that it held two inquiries between 1932 and 1938. Historian Ted Ling's accounts of those inquiries, however, make no mention of Muckaty, which was not singled out for comment by either investigation.^[8] By the 1940s the lessee was a Mr Fred Ulyatt.^[7] The lease was held by James and Miriam Hagan from 1982 to 1988, and by Hapford Pty Limited and Kerfield Pty Limited from 1988 until 1991.^[9]

Throughout the history of Australia's pastoral industry, Indigenous Australians were a major part of the workforce. In 1928 for example, 80 per cent of Indigenous people with jobs were employed on the stations, with many living on and travelling across the pastoral leases, including Muckaty.^[10][11] In 1991, the cattle station was taken over by the Muckaty Aboriginal Corporation. The Corporation focused on rehabilitating the land, which had been degraded by excessive numbers of cattle,^[11] and by late 1993 Muckaty had been destocked of cattle for several seasons.^[12] On 20 December 1991, the Northern Land Council lodged a claim over Muckaty on behalf of traditional owners under the Aboriginal Land Rights Act 1976. The claim was made by members of the seven groups that each has responsibility for different sites and dreamings in the area.^[13] In 1997, the Aboriginal Land Commissioner recommended that Muckaty Station be handed back to the traditional owners,^[14] and in February 1999, title to the land was returned. At the time there were about 400 formal traditional owners, amongst 1,000 people with traditional attachments to the land; some lived on the station, but others were elsewhere in the region, including in the nearby towns of Tennant Creek and Elliott.^[11] As Aboriginal Freehold land it is inalienable communal title, and cannot be bought or sold.^[15] The pastoral lease holder and manager of the station since 1993 has been Ray Aylett.^[16][17]

Between 1985 and 1987 a natural gas pipeline was built across the station, carrying gas from Palm Valley in the Amadeus Basin to Channel Island near Darwin.^[18] The Adelaide–Darwin railway, completed in early 2004, passes through the western part of Muckaty station.^[19]

Geography

Muckaty Station, or Warlmanpa, lies 110 kilometres (68 mi) north of Tennant Creek, in Australia's Northern Territory. It includes a homestead that lies 8 kilometres (5.0 mi) west of the Stuart Highway and 60 kilometres (37 mi) east of the railway.^[20] The residence has associated cattle yards, an airstrip, and workers' accommodation.^[15]

The eastern parts of the station form a stony plateau within the Ashburton Range. The central parts are flat and include claypans, while to the west are stony ridges. The region is drained by an ephemeral waterway, Tomkinson Creek,^[21] and is considered a good candidate to contain manganese deposits, the mineral having been extracted in the 1950s and 1960s at the Mucketty mine just east of Muckaty Station.^[22]

The region is semi-arid, and the vegetation is generally scrubland.^[21] The climate is subtropical, with a wet season between January and March, during which the area receives monthly rainfall of between 50 and 125 millimetres (2.0 and 4.9 in). For the rest of the year there is usually less than 10 millimetres (0.39 in) of rain each month.^[23]

Muckaty Station lies at the boundary of two bioregions, Tanami and Sturt Plateau, and most of the fauna species are typical of desert environments. The Tanami bioregion is made up primarily of sandplains vegetated with Hakea lorea, desert bloodwoods, acacias and grevilleas, together with spinifex grasslands. The Sturt Plateau bioregion also includes spinifex grasslands, but with an overstory of Corymbia bloodwood trees.^[24] Fauna in the region includes the Red Kangaroo, the Eastern Wallaroo (also known as the Euro), the Northern Nail-tail Wallaby, and the Spinifex Hopping Mouse. The Central Pebble-mound Mouse also occurs in the region, and other mammal species including the Forrest's Mouse, Desert Mouse and Short-beaked Echidna have been predicted by biologists to occur on the station.^[25] The station may lie within the range of the critically endangered Night Parrot (Pezoporus occidentalis).^[26]

Radioactive waste facility

The search for a site at which to dispose of or store Australia's low and intermediate-level radioactive wastes commenced in 1980.^[27] A formal public process of site selection that had commenced in 1991 finally failed in 2004.^[27][28] On 7 December 2005, the Australian government passed legislation, the Commonwealth Radioactive Waste Management Act, to facilitate the siting of a radioactive waste facility in the Northern Territory. Following criticisms made by the Northern Land Council,^[29] in December 2006 the legislation was revised to allow Aboriginal Land Councils to nominate potential sites for a facility.^[30] In May 2007 the Northern Land Council, on behalf of Ngapa clan traditional owners, nominated a small area (for which the Ngapa had traditional responsibility) to be considered as a possible site for the facility, and in September 2007, the government accepted the nomination.^[31][32] The Government of the Northern Territory opposed the nomination, but could not prevent it.^[33] Ngapa clan members have volunteered a 4-square-kilometre (1.5 sq mi) area to be considered for the facility, which is expected to require 1 square kilometre of land.^[34]

Reports,^[35][36] and a parliamentary inquiry,^[37] indicated that the Indigenous traditional owners of Muckaty station were divided over whether it should host a radioactive waste facility. Some members of the Ngapa clan supported hosting the facility, while other traditional owners of Muckaty opposed it.^[36][38][39] There were also claims that some members of the Ngapa clan were amongst those who had signed a petition opposing the facility.^[40] Political scientist Rebecca Stringer criticised the federal government's approach to the siting of the waste facility, arguing that it undermined the Indigenous owners' sovereignty and control of their own lands.^[41] Environmental organisations and political party the Australian Greens are opposed to using the site for a dump.^[42]

In 2009, the Australian government received a consultant's report that examined Muckaty Station as one of three possible sites for a nuclear waste facility in the Northern Territory.^[43] The report was released in 2010.^[44] As of February 2010, the Muckaty Station site was the only one still under consideration by the government.^[45]

Legal action

Mark Lane Jangala and other traditional owners instructed law firms Maurice Blackburn, Surry Partners (a firm that includes human rights lawyer George Newhouse), and lawyer Julian Burnside to commence legal proceedings against the Northern Land Council and the Australian government in the Federal Court of Australia to stop the nomination of Muckaty Station as a nuclear waste storage facility.^[46][47]

References

Notes

1. ^ Gray 1997, pp 17–37.
2. ^ Shepherd 1996, p. 43.
3. ^ McLaren and Cooper 2001, p. 136.
4. ^ "Memories of the Stuart Highway". ABC Alice Springs. Australian Broadcasting Corporation. 1 August 2008. http://www.abc.net.au/local/stories/2008/08/01/2321192.htm. Retrieved 24 September 2010. 
5. ^ "Stuart Highway". Litchfield Council. Archived from the original on 5 October 2010. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.litchfield.nt.gov.au%2Findex.php%3Fpage%3Dstuart-highway&date=2010-10-04. Retrieved 24 September 2010. 
6. ^ Ling 2009, p. 29.
7. ^ ^{a b} Nash, David (unpublished (1992)). "Warlmanpa Language & Country". David Nash, Australian National University. http://www.anu.edu.au/linguistics/nash/papers/lgshift.pdf. Retrieved 16 March 2010. 
8. ^ Ling 2009; Ling 2010.
9. ^ Gray 1997, pp 3–4.
10. ^ McLaren and Cooper 2001, pp. 162–178.
11. ^ ^{a b c} "Outback station returned to traditional Aboriginal owners". Media release. Northern Land Council. 18 February 1999. http://www.nlc.org.au/html/files/00_02_muckaty.PDF. Retrieved 16 March 2010. 
12. ^ Gray 1997, pp. 1, 14.
13. ^ Gray 1997, p. 17.
14. ^ Gray 1997, p. 70.
15. ^ ^{a b} Parsons Brinckerhoff 2009b, p. 43.
16. ^ "NT property could be chosen as nuclear waste dump site". ABC Rural (Australian Broadcasting Corporation). 19 February 2010. http://www.abc.net.au/rural/news/content/201002/s2825130.htm. Retrieved 4 October 2010. 
17. ^ Everingham, Sara (2 March 2007). "Division amongst Muckaty traditional owners". Stateline (Australian Broadcasting Corporation). http://www.abc.net.au/stateline/nt/content/2006/s1861958.htm. Retrieved 4 October 2010. 
18. ^ Gray 1997, pp 5–8.
19. ^ Munday, Jane (21 January 2005). "Completion of the Adelaide to Darwin railway line". Year Book Australia, 2005 (1301.0). Australian Bureau of Statistics. http://www.abs.gov.au/ausstats/abs@.NSF/94713ad445ff1425ca25682000192af2/5f1625bd3fed3230ca256f7200833048!OpenDocument. Retrieved 16 March 2010. 
20. ^ Parsons Brinckerhoff 2009, p. 30.
21. ^ ^{a b} Gray 1997, p. 14.
22. ^ Scriven, NH; TJ Munson (2007). "Manganese in the sand and spinifex, Bootu Creek area, Northern Territory". In Munson TJ and Ambrose GJ. Proceedings of the Central Australian Basins Symposium (CABS), Alice Springs, Northern Territory, 16–18 August 2005. Special Publication. 2. Darwin: Northern Territory Geological Survey. pp. 60–70. ISBN 978-0-7245-7112-3. http://conferences.minerals.nt.gov.au/cabsproceedings/Final_papers/P49_Scriven_Munson.pdf. 
23. ^ Parsons Brinckerhoff 2009, p. 82.
24. ^ Parsons Brinckerhoff 2009, p. 83.
25. ^ Parsons Brinckerhoff 2009, pp 83–84.
26. ^ Pavey, Chris (2006). "Night Parrot, Pezoporus occidentalis". Threatened Species of the Northern Territory. Northern Territory Department of Natural Resources, Environment and the Arts. http://www.nt.gov.au/nreta/wildlife/animals/threatened/pdf/birds/night_parrot_cr.pdf. Retrieved 16 March 2010. 
27. ^ ^{a b} Holland, Ian (2002). "Consultation, Constraints and Norms: The Case of Nuclear Waste". Australian Journal of Public Administration 61 (1): 76–86. 
28. ^ Keane, Bernard (22 February 2010). "How to site a nuclear waste dump". Crikey. Archived from the original on 5 October 2010. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.crikey.com.au%2F2010%2F02%2F22%2Fhow-to-site-a-nuclear-waste-dump%2F&date=2010-10-04. Retrieved 17 March 2010. 
29. ^ "Statehood set back over radioactive waste facility". Media Release. Northern Land Council. 21 October 2005. http://www.nlc.org.au/html/files/05_10_21%20waste%20repository%20release.pdf. Retrieved 16 March 2010. 
30. ^ Holland, Ian; Matthew James (29 January 2008). "Radioactive waste and spent nuclear fuel management in Australia". Background Note. Parliament of Australia Parliamentary Library. http://www.aph.gov.au/Library/pubs/BN/2007-08/RadioactiveWaste.htm. Retrieved 16 March 2010. 
31. ^ Wilson, Ashleigh (26 May 2007). "Owners offer land for N dump". The Weekend Australian: p. 11. 
32. ^ Breusch, John (28 September 2007). "Nuclear waste dump option No. 4". Australian Financial Review: p. 20. 
33. ^ "NT Govt Oppose Muckaty Dump". Media Release. Northern Territory Government. 25 May 2007. http://newsroom.nt.gov.au/index.cfm?fuseaction=printRelease&ID=2594. Retrieved 16 March 2010. 
34. ^ Statham, Larine (3 March 2010). "Nuclear waste dump is a duty: Ferguson". The Age. http://news.theage.com.au/breaking-news-national/nuclear-waste-dump-is-a-duty-ferguson-20100303-pj8c.html. Retrieved 16 March 2010. 
35. ^ "McAdam goes out swinging over Muckaty dump". ABC News. 31 July 2008. http://abc.gov.au/news/stories/2008/07/31/2320069.htm?site=news. Retrieved 16 March 2010. 
36. ^ ^{a b} Murdoch, Lindsay; Tom Arup (27 February 2010). "Land owners out of mind, out of site". Sydney Morning Herald. http://www.smh.com.au/national/land-owners-out-of-mind-out-of-site-20100226-p95w.html. Retrieved 16 March 2010. 
37. ^ Senate Standing Committee on Environment, Communications and the Arts (18 December 2008). Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008 – Report. Canberra: Department of the Senate. ISBN 978-1-74229-033-1. http://www.aph.gov.au/Senate/committee/eca_ctte/radioactive_waste/report/index.htm. 
38. ^ Carrick, Damien (20 July 2010). "Muckaty Land Trust litigation". The Law Report. Australian Broadcasting Corporation. http://www.abc.net.au/rn/lawreport/stories/2010/2957822.htm. Retrieved 19 August 2010. 
39. ^ "NLC welcome Radioactive Waste Management law". Media Release. Northern Land Council. 23 February 2010. http://www.nlc.org.au/html/files/NLC%20welcomes%20Radioactive%20Waste%20Management%20Law%20230210.pdf. Retrieved 16 March 2010. 
40. ^ "Muckaty Station nuclear waste site". Stateline (Northern Territory). Australian Broadcasting Corporation. 26 February 2010. http://www.abc.net.au/news/video/2010/02/26/2831831.htm. Retrieved 16 March 2010. 
41. ^ Stringer, Rebecca (2007). "A Nightmare of the Neocolonial Kind: Politics of Suffering in Howard's Northern Territory Intervention". Borderlands ejournal 6 (2). http://www.borderlands.net.au/vol6no2_2007/stringer_intervention.htm. 
42. ^ Hayward, Andrea (8 May 2010). "Nuclear waste dump report flawed: Greens". Sydney Morning Herald. http://news.smh.com.au/breaking-news-national/nuclear-waste-dump-report-flawed-greens-20100508-ujyu.html. Retrieved 19 August 2010. 
43. ^ Parsons Brinckerhoff 2009.
44. ^ "ENVIRONMENT—COMMONWEALTH RADIOACTIVE WASTE DUMP—PROPOSED SITES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENTS". Senate Journal 115: 3301. 11 March 2010. http://www.aph.gov.au/senate/work/journals/jnlp_115.pdf. 
45. ^ Gibson, Jano; Kirsty Nancarrow (24 February 2010). "Nuclear waste likely to be dumped in NT". ABC News. http://www.abc.net.au/news/stories/2010/02/23/2827837.htm. Retrieved 17 March 2010. 
46. ^ "NT landowners appoint firm to nuclear waste legal action". The New Lawyer. 27 July 2010. Archived from the original on 5 October 2010. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.thenewlawyer.com.au%2Farticle%2FNT-landowners-appoint-firm-to-nuclear-waste-legal-action%2F521078.aspx&date=2010-10-04. Retrieved 4 October 2010. 
47. ^ Bourchier, Daniel (3 June 2010). "Legal challenge to nuke dump launched". NT News. http://www.ntnews.com.au/article/2010/06/03/153001_ntnews.html. Retrieved 4 October 2010. 

Bibliography

• Gray, P. (1997). Warlmanpa (Muckaty Pastoral Lease) land claim no. 135. Report and recommendations of the Aboriginal Land Commissioner Mr. Justice Gray, to the Minister for Aboriginal and Torres Strait Islander Affairs and to the Administrator of the Northern Territory. Canberra: Australian Government Publishing Service.
• Ling, Ted (2009). "The Pastoral Leases Investigation Committee, 1933–1935". Journal of Northern Territory History 20: 29–44. 
• Ling, Ted (2010). "The Payne-Fletcher Board of Inquiry, 1937". Journal of Northern Territory History 21: 37–57. 
• McLaren, Glen; Cooper, William (2001). Distance, drought and dispossession: a history of the Northern Territory pastoral industry. Darwin: Northern Territory University Press. ISBN 1876248564. 
• Parsons Brinckerhoff (2009). Proposed Commonwealth Radioactive Waste Management Facility, Northern Territory. Synthesis Report. Canberra: Department of Resources, Energy and Tourism. (Large file: 8.3MB)
• Parsons Brinckerhoff (2009b). Proposed Commonwealth Radioactive Waste Management Facility, Northern Territory. Land Use and Demographic Analysis Report. Canberra: Department of Resources, Energy and Tourism. (Large file: 15MB)

External links

• Australian Government webpage on radioactive waste management.