BATHURST Regional Council has accused federal Environment Minister Sussan Ley of refusing to provide information relating to the Aboriginal significance of Mount Panorama.
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Ms Ley announced on May 3 that she had made a declaration under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act (ATSIHP) on land at the top of Mount Panorama, earmarked for a go-kart track.
The permanent protection order forced council to scrap the kart track project in that location and, three months later, the area remains a fenced-off construction site.
Community members have called for the land to be opened to the public again, but council says it can't do that until it knows for certain it will not be breaching Ms Ley's declaration.
At the July 21 ordinary meeting, general manager David Sherley said he was still waiting for Ms Ley's office to inform council as to whether or not it could carry out the necessary earthworks to make the site safe.
Advice was received following that meeting, but Mr Sherley told the Western Advocate council will need to seek further legal consultation.
"Council's reviewing that advice and is undertaking additional consultation that is required before any works could occur," he said.
Mr Sherley also alleged at the July 21 meeting that Ms Ley had so far refused to provide information on the exact location considered to be the form of fallen warrior Wahluu, which she used to justify her declaration.
"We need to have a greater understanding of what is the area that is classified as the terraform, as in the body Wahluu. We don't know that," he said.
"We have written to the minister's office asking for the minister - because that was the basis of the Section 10 - to define the area that was Wahluu.
"At this stage, the minister's office has refused to provide that interpretation.
"We have sent further information off, she has said, legitimately, contact the traditional owners, which we will at some time, but at the moment one would have thought for the minister to be able to make a decision as to the Section 10 and basing it on the Wahluu landform, she should know what is the Wahluu landform, otherwise how did she make her decision?"
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While Mr Sherley was diplomatic in his assessment, Cr Warren Aubin was a little more blunt about the impact of Ms Ley's actions.
"Minister Ley rode into town on a speeding white horse and went 'bang' with a .45 bloody magnum, but never been seen since, doesn't even answer emails. We don't know where we're at," he said.
"It would be really nice if the minister would actually get back to us on where we are at with this particular piece of land."
The lack of clarity on the Section 10 declaration was one of the factors that led to five of the nine councillors recently voting down a motion by Cr Jennings centred on the protection and future use of McPhillamy Park.
The Advocate approached Ms Ley's office about the comments made last month.
A spokesperson for Ms Ley said that it is not her responsibility to define the area of the Wahluu landform.
"The minister's role is to assess claims made by traditional owners under the Act and assess the individual merits of any ATSHIPA application. It is not to define broader indigenous heritage boundaries," they said.
"The published declaration in regard to the current Section 10 determination ensured that the area containing part of the summit of Wahluu, Mount Panorama, being the shoulder of the fallen warrior Wahluu that is of significance to the Wiradyuri tradition, is not destroyed or damaged.
"The minister strongly urges the council to rebuild communication with traditional owners."
The spokesperson also said the Department of Agriculture, Water and the Environment had written to council to advise that, based on the scale and intention of the proposed works, it did not consider that the proposed works would be in contravention of the declaration.
"The council has already been contacted and advised that it is able to make the area safe and reopen it to the community, a course that has been open to it for some time," they said.
