Hindmarsh bridge victory turns sour
By Melanie Sjoberg
ADELAIDE — "Today [February 15] is a sad day for Aboriginal people in this country and in particular Aboriginal women because Justice O'Loughlin in the Federal Court in Adelaide made a decision quashing the order for protection of a significant Aboriginal heritage area in this state", said Sandra Saunders, of the Aboriginal Legal Rights Movement, on behalf of Ngarrindjeri Miminis.
Aboriginal people and environmental activists believed that a victory had been won when federal Aboriginal affairs minister Robert Tickner intervened in the dispute about the development of Hindmarsh Island, south of Adelaide. Last July, he imposed a 25-year ban on work on the site.
The Federal Court declared that Tickner was derelict in his duty for not opening envelopes containing the detail of Aboriginal women's cultural connection with the site. Tickner did this in respect for the women's cultural beliefs that men, particularly white men, should not have access to their stories.
"Aboriginal people are upset and angry", said Saunders. "The legal system has worked against justice for Aboriginal people. It does this by turning fundamental issues of the protection of heritage into technical and procedural language and then making decisions for technical reasons. For us heritage is fundamental to our life, technicalities are white fella business."
The developers, Tom and Wendy Chapman, were celebrating the opportunity to proceed with the project and prevent their company going into receivership. They have declared that they will seek compensation in the vicinity of $50 million for the delays.