Traditional Owners in Western Australia say their views on heritage matters continue to be dismissed as the federal government looks into concerns over a bridge development.
The investigation relates to the Lloyd Street bridge, which the state government and City of Swan propose to build over a prominent river in Perth's northeast.
Opponents argue it will disrupt the flow of the Helena River, a registered Aboriginal heritage site considered sacred to the Noongar people.
Approval to disturb the site was granted under Section 18 of WA's Aboriginal Heritage Act last year.
Federal Environment Minister Sussan Ley received an application from 12 Traditional Owners last week to reassess the project under commonwealth heritage legislation.
Her office confirmed the minister would appoint an independent reporter to assess the application.
In the submission, Noongar Elder Greg Ugle spoke of the significance of the site.
“The floodplain is the mythological site for the Wagyl, the Noongar creation spirit, and is culturally very important to us," he said.
“Any disturbance of this site will cause irreversible damage to its heritage and mythological value.”
Traditional Owners argue if the project does go ahead, it should be the widest bridge possible with the least impact on the river.
The site also contains a rock shelter, although survey reports indicate it is not considered archaeologically significant.
Aboriginal representatives who participated in heritage surveys for the project in 2020 said they opposed the project.
But a survey report seen by AAP indicates they accepted the bridge was likely to be built because it was important to the state's economy.
It is understood participants were shown different design options but received little detail about the impact of the development.
Greg Ugle said the destruction of sites such as Juukan Gorge showed Traditional Owners were frequently ignored.
"These are the things we've said no to. Do not impact on it," he told AAP.
"What do they do? They still do it. Because it goes back to government. It's taken out of our hands and it's determined by one individual."
Another Traditional Owner who took part in the Helena River survey said her efforts to honour the significance of the site had fallen on deaf ears.
"Even though our country was colonised, our traditional lore and the way in which we view the country is still here," she said.
"We're still seeing country the way our old people have seen it, because they were the ones standing with us telling those old stories."
The WA government has said its new Aboriginal heritage legislation, due to come into effect in coming years, will give Indigenous people more say over heritage matters.
The $40 million Lloyd Street bridge, scheduled for early construction works later this year, is jointly funded by the state and federal governments and City of Swan.
It will create a new southern entry to Midland and provide improved access to nearby amenities.
A spokesman for Ms Ley said the application would not stop works from taking place at this point.
"State and territory governments are primarily responsible for the protection of Indigenous heritage places," he said.
"The Aboriginal and Torres Strait Islander Heritage Protection Act (1984) allows the minister to make a range of recommendations where state or territory legislation has not provided adequate protection."
