A council in Western Australia's north-west has been fined almost $8,000 for damaging a sacred Aboriginal site believed to be thousands of years old.
In September last year, contractors employed by the Town of Port Hedland illegally entered the site at Pretty Pool to prepare for the construction of a footbridge and boardwalk.
The area is home to ancient human footprints, understood to be up to 25,000 years old, and was registered as an Aboriginal heritage site earlier this year.
The contractors took vehicles and machinery to the site, including a drilling rig, which they used to drill a core hole approximately 15 metres deep.
The Town of Port Hedland had not received approvals from the Aboriginal Affairs Minister Tony Buti or the Registrar of Aboriginal Sites to start the works.
The Department of Planning Lands and Heritage took legal action against the council, which was charged with excavating, destroying, damaging, concealing or in any way altering an Aboriginal site.
It was also charged with bringing machinery and vehicles onto Crown land without the approval of the relevant minister or registrar.
The Town of Port Hedland was fined $7,020 by the South Hedland Magistrates Court and ordered to pay $788 in court costs.
Kariyarra elder Pat Mason, who is the site's registered knowledge holder, said it was "disgusting and appalling" she was not consulted before the hole was drilled.
"It was wrongfully done … they failed to look at who was the knowledge holder for the site, in regards to the name that's placed on the database," she said.
"It wasn't the Marapikurrinya group.
"I did not consent for them to go ahead."
Ms Mason said the ancient human footprints were not destroyed during the incident, but the registered Aboriginal heritage site was damaged.
"Once you damage a site, you'll never have that connection again. It's a line that you tampered with, and now you've broken that line," she said.
"If you've got a songline [and] you cut out a word in a song, it's not the song anymore."
Ms Mason told the ABC she did not feel the council's fine was commensurate with her cultural loss.
"I'm absolutely appalled by the desecration … it's a criminal offence [and] it's the oldest history in the world, and there was no compensation in the way it should've been," she said.
In a statement, the Department of Planning, Lands and Heritage said the Town of Port Hedland was remorseful and cooperated with the investigation.
'We deeply apologise'
The Town of Port Hedland declined a request by the ABC to be interviewed but apologised for the incident in a statement.
"The Town has publicly acknowledged it mistakenly contravened the act when undertaking work at an Aboriginal heritage site at Pretty Pool," the statement said.
"For this, we deeply apologise."
The council said it accepted the court's decision and had learned from its mistake.
"The Town consulted with Kariyarra Aboriginal Corporation and Marapikurrinya elders before undertaking drilling at the site. The Town now realises it should also have sought authorisation of the Registrar of Aboriginal Sites or consent of the Minister for Aboriginal Affairs," it said.
"As a result of this process, the Town has a much deeper understanding of its legal obligations and is committed to ensuring strict compliance with the Aboriginal Heritage Act".
