A prospector was left stranded on a remote tenement with dwindling supplies for almost a month due to conflicting advice from WA's former Aboriginal Affairs Minister and the state's planning and heritage bureaucracy.
Prospector Dale Richardson had approval for the tenement near Cosmo Newbery, about 1,000 kilometres north-east of Perth, since 2021 under the WA Mining Act.
But he has faced more than two years of confusion over whether he can drive out to the ground he has pegged without breaching WA's Aboriginal Heritage and Planning laws.
Dale Richardson says the experience has been confusing. (Supplied: Dale Richardson)
In a move WA's peak mining and exploration body says highlights the need for reform of the laws, the confusion culminated in Mr Richardson being stranded on the tenement, unsure if he could leave without breaching the law.
He was on the tenement on February 27 this year when he received advice from the Department of Planning, Lands and Heritage that he could no longer drive along the remote White Cliffs-Yarmarna Road, contradicting previous advice he had obtained.
He stayed until his supplies ran low, leaving on March 21, but left his caravan and most of his prospecting equipment behind.
In September, Mr Richardson was told by the department that he had breached Section 31 of act by using the road, but no formal action would be taken against him.
Years of confusion
The road at the heart of Mr Richardson's situation passes through the Cosmo Newbery West and South Aboriginal Reserves, generally requiring permission to access under the Aboriginal Affairs Planning Authority Act.
But in December 2024, former Aboriginal Affairs Minister Tony Buti wrote to Mr Richardson confirming he did not need a permit to travel along the road.
That advice was reversed in February, when the department advised the minister's earlier ruling had been incorrect, based on an additional investigation and information provided by Central Desert Native Title Services.
The department initially advised the road Mr Richardson was using did not meet the gazetted route, and he would be obliged to use a track that had not been maintained for more than 60 years.
Dale Richardson says this is the track Don Punch said he had to use to access his tenements. (Supplied: Dale Richardson)
But in a subsequent update, it ruled a Federal Native Title decision meant the road was no longer gazetted, and he would need a separate mining permit to use it.
A Department of Planning, Lands and Heritage spokesperson said advice on road access had been based on the information available when access to the tenements was initially sought.
"I've done everything that I was legally supposed to do," Mr Richardson said.
"I've tried to get a permit, I've tried to negotiate an agreement, they're just not willing to do so for some reason."
The Yilka Talintji Aboriginal Corporation, which represents the area's native title holders, declined to speak to the ABC.
White Cliffs-Yamarna road, at the start of Cosmo Newberry Reserve. (Supplied: Dale Richardson)
Limited government response
While not at risk of prosecution, Mr Richardson said he had been left with little opportunity to retrieve his caravan and equipment.
Aboriginal Affairs Minister Don Punch intervened late last week, granting the prospector a three-month permit to return to the site, remove his property and secure his prospecting equipment.
The limited permission does not allow Mr Richardson to resume prospecting.
Don Punch granted Mr Richardson a three-month permit to access the site and secure his equipment. (ABC News: Briana Shepherd)
Labelling the matter complex and unusual, Mr Punch said the Aboriginal Lands Trust had only wished to grant Mr Richardson seven days' access, but he had opted to overrule the body.
"Since being made aware of the matter, my office has remained engaged with the relevant parties," he said.
Mr Richardson said he wanted to work and rehabilitate his tenements, actions he continues to hold a license for.
"Minister Punch has taken the easy way out, instead of addressing the issue he has only allowed me to collect my belongings and vacate," he said.
Association of Mining and Exploration Companies (AMEC) chief executive Warren Pearce said the prospector's situation highlighted the need for clearer rules around land access and exploration.
Warren Pearce says heritage and access rules need to be better understood. (ABC News: Phil Hemingway)
"There is a strong case for targeted amendments to the relevant act to provide greater certainty for all parties, while ensuring Aboriginal cultural heritage continues to be appropriately protected," he said.
"The Glen Kelly Review identified opportunities to improve the way native title and cultural heritage processes operate in Western Australia.
"The subsequent committee established must deliver meaningful improvements that reduce confusion and unnecessary barriers to exploration."