An investigation was launched last Wednesday after the Office of Environment and Heritage (formerly DECCW) were notified of a possible disturbance of Aboriginal objects on March 23.

The department visited the site and immediately issued a verbal stop work order which was followed by a written 40 day, or until notified by OEH, stop work order on Thursday, March 31.

Scott Franks of the Plains Wanaruah People said he contacted the department after a field officer informed him of machinery working in an Aboriginal site.

Mr Franks said Ashton was given approval for the Bowman’s Creek Diversion but still required consent under section 90 of the National Parks and Wildlife Act before they could conduct works on the site.

A section 90 is an Aboriginal Heritage Impact Permit under the OEH’s National parks and Wildlife Act 1974 to manage harm or potential harm to Aboriginal objects or places.

A Department of Planning and Infra-structure spokesperson said the development consent for the Bowmans Creek Diversion includes a wide range of conditions addressing Aboriginal Heritage.

“However, a development consent does not preclude any requirement to obtain approvals under the National Parks and Wildlife Act 1974 relating to Aboriginal heritage,” the spokesperson said.

“Consequently any necessary permits or consents under that Act must also be obtained.”

Mr Franks said the area is an old ancestral travel line and was used for initiations, weddings and as a training ground.

“Within and around that area there are burial sites,” he told The Argus.

“It is not just about what is there but they (Ashton Coal) are forgetting what was done there, how it was done, who it was done by and why it was done.

“That area is immensely important to the community including non-aboriginal families.”

A spokesperson from Ashton Coal said the company has consulted and continues to consult with all 32 registered Aboriginal stakeholder groups and the OEH.