Australia’s environmental laws are being weaponised by activist groups to stifle regional development and Indigenous economic growth, according to a new report released by the Institute of Public Affairs (IPA).
The research, titled Songlines out of tune: The misuse of Aboriginal heritage laws in environment lawfare, authored by Professor Emeritus Aynsley Kellow, argues that radical green groups are increasingly using intangible cultural heritage claims as a tool to derail major nation-building projects.
IPA Director of Research Morgan Begg noted that these tactical delays are hurting the very communities they claim to protect.
“This activism is not about protecting Indigenous communities,” Begg said.
“In reality, these communities are the victims of opportunistic political campaigns by radical green groups.”
The report highlights two high-profile cases as evidence of systemic abuse.
Firstly, the cancellation of the McPhilliamys Gold Project in New South Wales, where a previously undiscovered songline was used to effectively cancel the project, overriding the authority of locally appointed Indigenous representatives.
The cancellation of the project followed a finding in the Federal Court in 2024 that the Environmental Defenders Office (EDO) distorted evidence in their matter to have the Barossa gas project cancelled.
Justice Natalie Charlesworth criticised the EDO for evidence “lacking in integrity” and for distorting what the Indigenous informant had said.
Industry Demands Greater Transparency
Backing the call for reform, Tania Constable, CEO of the Minerals Council of Australia (MCA), emphasised that the current system is vulnerable to exploitation by taxpayer-funded activists.
“Aboriginal cultural heritage is too important to be exploited through tactics that lack rigour, transparency, or cultural authority,” Constable said.
She argued that the current framework sidelines recognised Traditional Owner organisations and creates investment instability in regional areas.
The MCA is advocating for a higher level of sustained investment confidence through two primary legislative shifts. The government should consider speeding up the transition from approval to construction for critical minerals projects.
Reform of the Native Title Act is also essential to create fit-for-purpose agreement pathways that range from short-form exploration permits to comprehensive development agreements.
As Australia faces stagnant per-person economic growth, the IPA and MCA are urging the government to close the door on economic vandalism and restore a system that respects genuine culture while supporting responsible development.
