Asserting First Nations expectations on Free, Prior, and Informed Consent and co-management of mine closure: learnings from the Banjima People in Western Australia’s Pilbara region

Authors: Crosbie, J; Murphy, D; Gregson, M; Dunne, J; Stanton-Clements, E; Parker, J Download Paper Open access courtesy of:

DOI https://doi.org/10.36487/ACG_repo/2615_12

Cite As:
Crosbie, J, Murphy, D, Gregson, M, Dunne, J, Stanton-Clements, E & Parker, J 2026, 'Asserting First Nations expectations on Free, Prior, and Informed Consent and co-management of mine closure: learnings from the Banjima People in Western Australia’s Pilbara region', in AB Fourie, G Boggs, J Heyes & M Tibbett (eds), Mine Closure 2026: Proceedings of the 19th International Conference on Mine Closure, Australian Centre for Geomechanics, Perth, pp. 1-12, https://doi.org/10.36487/ACG_repo/2615_12



Abstract:
The Banjima People have occupied their homelands in the Central Pilbara region of Western Australia for at least 45,000 years. A native title determination was secured in 2013. Mining tenements cover the Banjima native title determination area. There are currently 6 large-scale operational iron ore mines, numerous smaller mines (e.g. MinRes) and several major development projects (BHP’s Ministers North and HanRoy’s Mulga Downs). These mines collectively produce approximately 325 million tonnes of iron ore per annum – almost one third of Australia’s total annual iron ore production. Through 6 decades of mining; extensive land and water degradation, and destruction of cultural heritage, has occurred, resulting in increasing negative cumulative impacts. There has been very minimal successful and progressive rehabilitation, mine closure or healing of Country. In response to this poor track record, the Banjima developed their own closure principles, with the objective that: land disturbed by mining is returned to the Banjima People in a condition that restores Native Title Rights and Healthy Country, and enables sustainable economic development for future generations. The objective statement is supported by clear and detailed expectations on closure principles (behaviours) and closure outcomes (end-state values), and requires mining proponents to seek the Banjima’s Free, Prior and Informed Consent (FPIC) for their mine closure plans prior to their submission to the regulators. A key part of the FPIC process is the co-design of the mine closure plans, providing the Banjima with more involvement in the assessment of closure options and decision-making. This paper outlines the development process of the Banjima closure principles, how they have been and are utilised within a traditional owner-defined engagement and co-management approach with miners, and how Banjima monitors compliance against them for each mine on Country. Having the Banjima clearly asserting their expectations for mine closure has already contributed to improvements in some proponents’ mine closure plans and has set precedents for how conscientious-minded miners engage with traditional owners. These FPIC and co-management learnings could be applied to other First Nations engagement to help reduce the long-term effects of mining on the physical landscape and cultural heritage, and to facilitate traditional owner-led decision-making, governance and closure outcomes on their Country.

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