The City of Busselton in south west Western Australia has paused a project to clear 27 native trees along Vasse-Yallingup Siding Road after National Indigenous Times asked whether Wardandi Traditional Owners had been consulted.
Part of the clearing area overlaps a registered Aboriginal heritage camping site known as Marybrook 1.
The officer report on which City of Busselton councillors relied when they endorsed the project at a July 29 council meeting did not mention the site and failed to mention the state's Aboriginal Heritage Act.
The council meeting opened as usual with an acknowledgement of the Wardandi Bibbulmun people as Traditional Custodians. Councillors then voted five to three to endorse the clearing, subject to the clearing permit being upheld following an appeal.
A recording of the meeting shows councillors debated the item for about 35 minutes, yet Aboriginal heritage, Traditional Owners and the registered site were not raised at any point.
The list of relevant legislation in that report included the Land Administration Act, the Local Government Act, the Environmental Protection Act and the Environment Protection and Biodiversity Conservation Act.
The WA Department of Water and Environmental Regulation (DWER) confirmed it identified the overlap with Marybrook 1 during its assessment of the clearing application.
A DWER spokesperson told National Indigenous Times the department subsequently advised the City of Busselton of its obligations under the Aboriginal Heritage Act 1972, which includes engagement with the Department of Planning, Lands and Heritage.
A spokesperson for the Department of Planning, Lands and Heritage said the department was not aware of any applications, notifications or enquiries from the City of Busselton in relation to the site.
Karri Karrak Aboriginal Corporation is the body established under the South West Native Title Settlement, the agreement between the WA government and Noongar people, to represent Traditional Custodian rights, interests and heritage in the region.
Karri Karrak Chair Stephen van Leeuwen said the corporation had spoken with senior City of Busselton staff late last week following enquiries from National Indigenous Times.
"The Corporation understands that the proposed activity impacts on a Heritage site," Mr van Leeuwen said.
"However, in speaking with senior staff at the City of Busselton, late last week, the Corporation is satisfied that no works have been undertaken or will be undertaken without Karri Karrak consent.
"The City has committed to ensuring that all works are compliant with its obligations under the Aboriginal Heritage Act and the Corporation looks forward to working in collaboration with the City to ensure Traditional Custodian approval is granted for all activities on Country now and into the future."
After National Indigenous Times put questions to the City about the consultation pertaining to the removal of trees, Mayor Phill Cronin said the project would be paused.
"During the application process, due diligence was carried out by the City, however, as the process has now been called into question, the project will be put into abeyance to ensure and reassure all parties that all due diligence has been completed," Mr Cronin said.
"The City will contact relevant agencies to determine whether any additional requirements might be necessary for the project to proceed."
When asked what that due diligence consisted of and whether any Aboriginal organisations, Traditional Owners or Elders were consulted as part of it, the City of Busselton did not answer directly. Nor did it say whether its current review includes consultation with Wardandi Traditional Owners.
A subsequent statement was issued attributable to Temporary Chief Executive Officer Dr Garry Hunt PSM instead.
"In light of the issues that have been raised, the City is undertaking a review and will provide further information with regard to these matters once this review has been concluded," Dr Hunt said.
On the City of Busselton's website, the Reconciliation Action Plan covers July 2020 to December 2021 and has not been updated. When asked about it, the City said the RAP was being reviewed this financial year.
Page six of the current RAP states that where developments may impact sites of cultural significance, the City of Busselton's objective is to always engage with representative Elders to assist in protecting their heritage alongside complying with legal requirements.
The City of Busselton's RAP also lists ongoing due diligence and compliance with the Aboriginal Heritage Act 1972 on page 10 as a responsibility of the City's engineering, operational and environmental services teams.
The acknowledgement of Country read at the opening of council meetings is itself a commitment under that plan.
The City said questions from this publication had been sent with a short deadline and that its responses must follow internal media approval process, however the original questions posed about consultation with Traditional Owners had been sent four days earlier and went unanswered.
If the appeal is upheld, the clearing permit requires the City to plant 120 replacement trees in the Wardandi Track Corridor near Vasse. DWER said that offset site was nominated by the City. In an earlier statement, Mr Cronin said the location was selected in line with DWER requirements and direction.
The 27 trees are a mix of marri, jarrah and peppermint. DWER said information provided by the City indicated 17 were mature and 10 were small or juvenile.
Official documents on the Department of Biodiversity, Conservation and Attractions website state marri and jarrah trees are considered juvenile up to 30 years old and peppermint trees up to eight years old.
The Wildflower Society of WA said it was opposed to the removal of the trees.
"Using published WA Government research that estimates the age of Jarrah and Marri from trunk diameter, some of the large Marris proposed for removal are estimated to be around 200-250 years old," a spokesperson said.
"Individual growth rates vary considerably, particularly with site conditions, so these should be regarded as indicative estimates rather than exact ages."
The Society said the black cockatoo assessment recorded the two largest Marris that are proposed for removal have diameters of 104cm and 102cm.
The clearing is part of a WA Government Black Spot project for which the City of Busselton applied in July 2022.
The funding application was based on crash data from 1 January 2016 to 31 December 2020, a period covering nine recorded crashes, five of them off-carriageway. The council report states the crash period cannot be amended after a funding application is submitted.
A Main Roads WA spokesperson said there were five recorded crashes on Vasse-Yallingup Siding Road between Bussell Highway and Chain Avenue in the five years to 31 December 2025.
The speed limit on the road was cut from 110km/h to 90km/h in June 2019, part-way through the period the funding application was based on. The City of Busselton applied for a further reduction to 80km/h in March 2025 and that request is still pending.
Main Roads WA said Vasse-Yallingup Siding Road is a local road under the care and control of the City of Busselton, and the local government is responsible for delivering these projects, including getting the necessary approvals prior to work commencing.
Multiple appeals against the clearing permit have been lodged with the Office of the Appeals Convenor. Pending determination, the permit is taken not to have been granted and cannot be acted on.
There is no statutory timeframe for the appeal to be determined. The City of Busselton has not said when its review will be finished.
The City of Busselton was asked three times whether Wardandi Traditional Owners, Elders or any Aboriginal organisation were consulted at any point between the funding application in July 2022 and the council decision on 29 July. It has not responded.
No party contacted by the National Indigenous Times has pointed to any consultation having taken place before the clearing was endorsed.
