Yagara Magandjin Aboriginal Corporation lodge federal application to halt Olympic stadium in Victoria Park, Brisbane
The Yagara Magandjin Aboriginal Corporation (YMAC) lodged the application on Tuesday, asking for the Commonwealth to declare long-term protection of the area.
Such a move could undermine the LNP State Government's plans for the stadium in Victoria Park – earmarked as one of the centrepieces of the 2032 Brisbane Olympic and Paralympic Games.
YMAC spokeswoman Gaja Kerry Charlton told the ABC the court action was necessary to protect the site.
'We are very concerned there are ancient trees, artefacts and very important ecosystems existing there. There may be ancestral remains,' she told the outlet.
YMAC's court action has been lodged under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act (ATSIHP).
The legislation effectively allows the Federal government to protect the area if the Federal Environment Minister is satisfied it is a 'significant Aboriginal area' or is 'under threat of injury or desecration'.
Such legislation would trump laws passed by the State Government in June, which made Olympic projects like the Victoria Park stadium exempt from heritage and planning laws.
In a statement, a State Government spokeswoman said the government was committed to 'ensuring the Games deliver a generational infrastructure legacy across Queensland'.
'The Crisafulli Government's new laws underpin the delivery of Games infrastructure on time, on budget, and with a clear legacy for communities beyond 2032,' the spokeswoman continued.
'The new laws provide a bespoke process that recognises Aboriginal and Torres Strait Islander cultural heritage matters, incorporating engagement and consultation with relevant parties and preparation of a cultural heritage management plan.'
Advocacy group Save Victoria Park worked has been vocal in their campaign to permanently protect the area, with the group's spokeswoman Sue Bremner speaking on 4BC Radio on Tuesday about the uphill battle they were facing.
'The State Government has pretty much suspended all relevant legislation, or certainly curtailed, anybody's ability to have an impact on the planning of the Olympic stadium,' she told the program.
Ms Bremner said the group were working in partnership with YMAC on the legal action.
She countered questions about why the legislation was being used now to oppose the stadium's development, in light of Victoria Park's history of being used as a golf course, rifle range and encampment for WWII American soldiers, by saying the current redevelopment plans were vastly different.
'The park has grown up with Brisbane, and it's gone through various stages,' Ms Bremner said.
'One thing about a golf course … is that it doesn't change the topography as much. The ridges where the First Nations people camped for thousands of years are still there,' she said.
'That is not going to be the case if this stadium build goes ahead.
'Make no mistake, there's no way you can have a platform flat enough and big enough to build one of these things. They're 14 stories high, they're massive, massive places.'
The office of Murray Watt – the current Federal Environment Minister who will decide on the protection of Victoria Park – has been contacted for comment. Major hurdle cleared for 'best Games ever'
In July, a landmark funding agreement between the Federal and State Governments unlocked $3.4bn in federal contributions, confirming a combined $7.1bn Games Venue Infrastructure program to deliver 17 new or upgraded sporting venues across Queensland ahead of the games.
The Victoria Park stadium was one of the promised projects and set to host the Games' opening and closing ceremonies, as well as athletics events.
Major sporting teams such as the Brisbane Lions, Brisbane Heat and Queensland Bulls have also expressed interest in calling the stadium home in the future.
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