Harry Nannup, an Aboriginal elder from the region’s Bindjareb people, has called on the Department of Aboriginal Affairs to return the Murray River to its list of protected significant sites.
The Department of Aboriginal Affairs is considering protecting the river under Aboriginal heritage legislation, which would require owners of property along the river to seek permission before undertaking work within 30 metres of the riverbank.
The river was protected as a significant Aboriginal site from 2000, but was removed from the list in 2013.
A recent decision of the Supreme Court has forced the department to reassess sites for which protection was refused.
Mr Nannup said he was angry when he learnt the river was no longer considered a significant site.
“It was disgraceful that they took it off the list,” he said.
“Our tribe the Bindjareb people has been mainly known as a river people; I grew up on the Serpentine and I lived on this river.
“I take my kids out there and tell my grandkids were I came from.”
Mr Nannup said the Murray River was the site of the Pinjarra massacre, where as many as 80 Bindjareb men, women and children were attacked by a detachment of soldiers led by Captain James Stirling.
It is not known how many people were killed in the massacre, but reports from the time suggest more than 30 were left dead in the river or on its banks.
“It was on the river where we camped and they just picked a day – the government – and they had soldiers,” Mr Nannup said.
“It’s time for change, not only for us and for our people, but also for the white people in the area, because we’re not here to take their properties, we’re not that way, we never have been.
“We can always work it out together.”
Murray-Wellington MP Murray Cowper said poor communication from the Department of Aboriginal Affairs, misleading information and ridiculously short response times – had made the consultation process a confusing and hostile experience for landowners.
“On one hand landowners were advised it was unlikely that the application for registration would be successful, and that they had nothing to worry about,” he said.
“On the other, landowners were advised that if the application was to succeed, they would be required to notify the Minister of their intention of making any property changes, or face hefty fines.
“The process now appears to be yet another attack on private property rights by forcing owners to pay yet another level of fees to yet another level of bureaucracy.”
A spokesperson for the Department of Aboriginal Affairs said the cut-off date for submissions would be August 16, however this was being reviewed following feedback from land owners.
He said the Murray River would be considered for protected status once the department was satisfied land owners had sufficient time to make submissions.
Minister for Aboriginal Affairs Peter Collier said it was “highly unlikely that property values would be negatively affected”.
“The area was previously a site between 2000 and 2013, during which time sale prices for riverfront properties in the area increased significantly,” he said.
“I believe we can strike a balance between the protection of our unique Aboriginal heritage and the need for contemporary land use.”