Margaret River Pro 2025 approved to use Registered Aboriginal Heritage Site Without Consent of Traditional Custodians

Media statement

Karri Karrak Aboriginal Corporation (Karri Karrak), the Regional Corporation established under the South West Native Title Settlement to represent Wardandi, Piblemen and Kaneang people, has today confirmed that the Department of Planning, Lands and Heritage (DPLH) granted consent for the use of registered Aboriginal Cultural Heritage Sites for the 2025 Margaret River Pro — despite the Corporation’s clear objections.

In an email received from the Registrar of Aboriginal Sites, Karri Karrak was advised that approval under Regulations 7 and 10 of the Aboriginal Heritage Regulations 1974 was granted for vehicle parking and other activities within the boundaries of registered site Cliffs at Wallcliffe (ID 5848) and lodged places Gracetown, Cowaramup (ID 5846) and Cape Mentelle (ID 4560).

Karri Karrak had previously documented and made known, via field inspection and a formal report on the matter, that these heritage places have suffered from significant erosion, specifically from their use for overflow parking during the Margaret River Pro Event.   

The Registrar cited engagement with Karri Karrak in making his decision — but Karri Karrak has made it explicitly clear, over the course of the past three months, that it did not consent to the use of the sites. The Corporation’s position was formally and repeatedly communicated to both the World Surf League (WSL) and the State Government.

This disregard of Karri Karrak’s role as the representative body of the Wardandi, Piblemen and Kaneang people, which is legally recognised under the South West Native Title Settlement and the Noongar (Koorah, Nitja, Boordahwan) (Past, Present, Future) Recognition Act 2016, and the people it represents, stands in breach of the principles of Free, Prior and Informed Consent (FPIC), as set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

It undermines the interests of the Corporation’s members and the Regional Agreement Group, and indicates a worrying precedent to bypass Aboriginal Corporations in favour of unilateral decision-making by government or proponents. Such an approach erodes trust, weakens the integrity of the South West Settlement framework, and disregards the foundational role of Aboriginal Corporations as Custodians, rights holders, and decision-makers. 

This follows a similar incident in 2024, for which WSL’s local affiliate issued a public apology for unauthorised use of the same site.

This situation is deeply concerning, and Karri Karrak is escalating the matter to the Minister for Aboriginal Affairs, Hon. Don Punch MLA, via the Noongar Corporations Committee — the unified body of all six Regional Corporations party to the Settlement.

The Corporation is also reserving its right to seek judicial review.

Download: Karri Karrak Aboriginal Corporation media statement (PDF 492KB)