First Aboriginal Heritage Protected Area in Nearly 30 Years Declared on Malarngowem Country

Garnkeny Ngarranggarni artwork - Mabel Juli

Anew Aboriginal heritage Protected Area has been declared on Malarngowem Countryin the east Kimberley, marking the first Protected Area under state heritage legislation declared in Western Australia in almost 30 years.

The Darrajayin Protected Area largely covers the Darrajayin area on Springvale Station, a place of deep cultural, spiritual, and historical importance to Malarngowem native title holders. The declaration provides the highest level of protection available for Aboriginal heritage under the Aboriginal Heritage Act 1972 (WA),

Protected Areas safeguard Aboriginal heritage of outstanding significance. The declaration prohibits the damage of vegetation and disturbance to the surface and subsoil of the land within the Protected Area, essentially protecting Darrajayin from further destruction from mining activities.

Paintings of the site by Mabel Juli were projected on the Sydney Opera House and celebrated in 2018· Photo: Courtesy Of Sydney Opera House / Daniel Boud

Aerial image of damage caused to sacred sites on Malarngowem Country between 2019 - 2020.

Background

The declaration follows years of advocacy by Malarngowem native title holders and the Kimberley Land Council (KLC) after mining activity caused serious damage to sacred sites on their Country. Between 2019 and 2020, Kimberley Granite Holdings undertook exploration activities without approval from Malarngowem native title holders, resulting in damage to the highly significant cultural places connected to the Serpent Dreaming (Jawaren) and Moon Dreaming (Garnkiny), as well as burial sites.

Malarngowem native title holders and the KLC urged the State Government and the Minister to investigate the clear breaches under the Aboriginal Heritage Act, and prosecute Kimberley Granite for the destruction. However, in 2021 the State decided that it would not prosecute the company, despite the extent of the damage and the distress caused to Traditional Owners, including the unapproved disturbance of almost 9,000 tonnes of material and the death of a senior Darrajayin custodian.

The KLC represented Malarngowem Aboriginal Corporation (MAC), established by native title holders in 2021, in a compensation claim against the State of Western Australia under the Native Title Act 1993 (Cth) MAC argued that the State’s actions, including granting the exploration licence and failing to prosecute Kimberley Granite, caused cultural harm to Malarngowem native title holders.

In January 2025, this long-running effort to seek justice and protect sacred sites on Malarngowem Country reached a major milestone, with the successful settlement of the native title compensation claim in the Federal Court. This was the first native title compensation claim of its kind in the Kimberley region, and only the third in Western Australia.

With the support of the KLC, MAC undertook a comprehensive process of gathering evidence and documenting the cultural significance of Darrajayin, working with Traditional Owners on Country to support the Protected Area application.

In June 2024, Darrajayin was formally registered on the Aboriginal Cultural Heritage Register. Following consideration by the Aboriginal Cultural Heritage Committee and in accordance with the recommendation of the Minister for Aboriginal Affairs, the Governor has now declared Darrajayin a Protected Area, securing protection under the Aboriginal Heritage Act.

The declaration provides the highest level of heritage protection available in Western Australia and recognises the cultural strength of Malarngowem native title holders, as well as the deep history and sacred stories connected to Darrajayin.

A Landmark Outcome

Mac Director Russell Gregory

MAC Director Russell Gregory said the declaration was a critical step toward healing and protecting a place of deep cultural and spiritual significance for Malarngowem people.

“What happened at Darrajayin in the past was deeply damaging for our people. This place holds burial sites, sacred stories and spiritual connections that should always have been respected,” Mr Gregory said.

“Declaring this a Protected Area clearly defines the responsibility to look after it properly and makes sure nothing like that can ever happen again. It gives certainty that this Country will be cared for into the future, the way it should be.

“This has been a long and difficult journey involving many conversations, negotiations and processes with government and other stakeholders. It was important for us to show that we are a strong culture that is willing to do the work, follow the right pathways and stand up for why this place must be protected.

“Now we know our voices are being heard. Our stories can be protected and passed on, and future generations can be confident that Darrajayin will be respected as an important place for all Australians to understand and learn from.”

MAC Director, Theresa Darby-Polkinghorne. Photo credit: ABC Kimberley, Giulia Bertoglio

MAC Director Theresa Darby-Polkinghorne said the declaration was an emotional and deeply significant moment for her family and community. 

“This is very exciting for us. We have fought a long time for this and waited three years, so I feel very proud to be part of it,” Ms Darby said.

“I am just so happy and proud that this significant area is now protected. These sites are important to the people of this Country, and we feel privileged to have had so much support, especially from the Kimberley Land Council and our lawyers, to make this happen.”

“There were times when I was scared this would not go through, but now I feel happy and strong. This is not just for us. We are leading the way for other families and other Countries, especially in areas like Springvale and Bedford Downs where there is a painful history.”

“Our ancestors lived on this Country. They walked it, gave birth there, held ceremony there, and many are buried there. Our old people looked after this place, and now it is our responsibility to keep looking after it.” 

“Now we can tell this story to our children and grandchildren. We can show them how we fought for this protection so they do not have to keep fighting mining companies in the future.”

“I feel privileged to have been part of this fight. I want to go back onto Country, sit there, sing out to my grandmother and great-grandmother, and let them know we have done this.”

KLC CEO Tyronne Garstone.

Kimberley Land Council CEO Tyronne Garstone said the declaration represented a landmark moment for Aboriginal heritage protection in Western Australia.

“Protected Areas are the strongest form of cultural heritage protection available in this state and they are declared only in the most exceptional circumstances,” Mr Garstone said.

“The fact that this is the first Protected Area declared in nearly 30 years underscores both the cultural significance of Darrajayin and the seriousness of the failures that led to its damage.” 

“This outcome reflects years of persistence by Malarngowem native title holders to ensure their Country is respected and protected in a meaningful and permanent way.”

MAC Chair Kim Bridge with Minister for Aboriginal Affairs of Western Australia, Don Punch.

Chair of MAC, Kim Bridge, said the outcome marked a significant step forward for the Malarngowem people and demonstrated the power of respectful partnership.

“The Malarngowem process required all parties to come together with respect and genuine intent. Through practical, collaborative work, we were able to build a professional, balanced, and assertive voice for our community that resulted in important outcomes.

“The discussions recognised the damage to this important site, and the State engaged with empathy and consideration. This collaboration has now led to protected area status for a portion of Malarngowem determination area and other beneficial outcomes for Malarngowem people. It hasn’t been simple — navigating the Heritage Act and balancing different interests took time — but credit and appreciation is due for the genuine engagement between all involved that made this outcome possible."