The Northern Territory government has been warned by its own heritage branch that if it allows mining giant Glencore to go ahead with a plan to destroy an archaeologically significant Aboriginal stone tool quarry, it could draw comparisons to the Juukan Gorge cave blasts.
The company has applied to the NT government for permission to remove Aboriginal stone artefacts from the quarry site, which is on the McArthur River zinc-lead mine near Borroloola, in the Gulf of Carpentaria, so that it can build part of a massive waste rock dump on it.
Glencore, whose subsidiary McArthur River Mine operates the site, has told the government it needs to expand the dump onto the site of the artefacts because it needs more space to store mining waste, under a plan to double the size of the pit over the next 17 years.
Briefing documents obtained under a Freedom of Information request by the ABC show that NT Heritage Minister Chansey Paech received advice from the Department of Territory Families, Housing and Communities in December that the stone tool quarry, called MRM4, is currently protected under the Heritage Act.
"It is a large, high-density stone artefact scatter assessed as high archaeological significance," the department said.
The department also provided an analysis of the "sensitivities" over the decision to be made on whether to preserve it.
"There is likely to be criticism for allowing a significant archaeological site to be disturbed, and it would not be surprising if parallels were drawn with the recent destruction of the rock shelter at Juukan Gorge in Western Australia, an event that was the subject of widespread public discussion and instigated a Senate Inquiry," it said.
The department advised the minister that if permission is not given to disturb the site, "this will most likely draw criticism as a decision which inhibits economic development of the NT".
It added: "McArthur River Mine would be entitled to seek a review of such a decision and in the circumstances is likely to do so."
'That site is very important'
Aboriginal leaders from Borroloola, including Garawa elder Jack Green, and traditional owners of the mine site are appealing to the NT government not to allow the destruction of the quarry.
"That site is very important, the stone tools there, it was there before white men came into the area, our elders went there and got a knife or an axe, and did trade with other clan groups," Mr Green said.
"The company is trying to destroy it and we feel really afraid about it, and we don't want another one like that Western Australia one, where they damaged the site, just blew it up."
Mr Green said he understood the NT government's desire to allow the mine to keep expanding.
"I appreciate that they put people in jobs, and that they need to put food on the table for their kids and that, but we need the company to look at our side of the story too," he said.
Minister being asked to overrule sacred sites authority
Glencore made the application to relocate the stone artefacts and destroy the quarry in 2017.
It told the government it had gained permission from six Aboriginal custodians.
The company said the same agreement gave it permission to build its waste rock dump to a height of 140 metres adjacent to a Barramundi Dreaming sacred site and to disturb some sacred sites on the mine lease.
But the NT's Aboriginal Areas Protection Authority refused to accept Glencore's agreement as valid because it said all of the mine site's traditional owners and custodians were not signatories.
So Glencore has asked the Heritage Minister to overrule the authority's refusal to give permission to interfere with the sacred sites.
The Department of Territory Families, Housing and Communities advised Mr Paech in the briefing document that once he makes his decision on the sacred sites, he will be expected to make a decision on the quarry site.
Casey Davey says is among the mine site's traditional owners who say they have not been consulted about the future of the quarry and sacred sites.
"All the sites are very important to us on that snake songline and we need to keep them protected," he said.
Call for Senate inquiry
David Morris, the chief executive of the Environmental Defenders Office, called on the minister not to make a decision on the sacred and quarry sites until all traditional owners and custodians had been consulted.
"No decision should be made on the heritage approval until there has been unquestionably proper process undertaken with the traditional owners and custodians of that area," he said.
"The second thing that should happen is that the federal government does need to step in, and the scope of the Senate inquiry into Juukan Gorge should be formally widened to include McArthur River Mine."
The Heritage Minister said he was still considering his decision.
"But what I will say is that it is my job to stand up and make sure that I stand and up and protect country and places of deep culture and spirituality for Territorians," Mr Paech said.
"I understand that the Territory is going through a tough economic time at the moment, but the cost of doing business shouldn't come at the cost of loss of country or places of spiritual and cultural significance."
McArthur River Mine's general manager Steven Rooney said in a statement to the ABC that the MRM4 quarry was currently intact.
"We are committed to the continued protection of this site and the artefacts will only be relocated to another location for safekeeping once consultation with traditional owners is completed, a final agreement is reached and the NT government provides approval," he said.
The NT's Environment Protection Authority has said if the mine operator does not find an alternative to destroying the stone quarry, it may have to reapply for permission for the mine expansion.
"The NT EPA is of the view that [Glencore] has not sufficiently considered alternative designs of the [waste rock dump] that would avoid disturbing MRM4," said a spokesperson.
"If the outcomes of statutory processes result in the need to … change any of the measures recommended by the NT EPA, [Glencore] may have an obligation to refer the changes to the NT EPA."