00:03Malia is a part of a country that cannot be shared for generations, because it's gone.
00:10It ain't country, it's man-made now.
00:15This once steeped cliff is home to the remains of Aunty Cheryl Giles' ancestors,
00:20but they and some cultural artefacts are now disturbed.
00:23How did it get that far? How did they dig that much without us knowing?
00:30The landowner, Arisvi Holdings, instructed excavation of the site four years ago
00:35without development approval or knowledge of the burial site.
00:39The company received retrospective approval last year for stage one of its proposed housing development.
00:46As far as I can see from communications received from the State and Council,
00:52we haven't been notified for any of this.
00:54Elders investigated after a tip-off last year.
00:57They say more than 40 locations were identified as culturally significant on the property.
01:04I've seen a bit of a scale part with a high socket in a big pile of dirt.
01:11It wasn't very good to see.
01:15Neighbours say they've spent time and money to understand potential impacts to their properties.
01:20This has ended up more like an open-cut mine for BHP in a residential zone.
01:28The local council initially pursued criminal prosecution against Arisvi Holdings
01:32but later agreed to a $150,000 financial settlement for breaching planning laws.
01:38The Environmental Protection Agency found Arisvi Holdings had caused environmental harm
01:44and contravened the Environment Act.
01:46The company complied with a clean-up order.
01:49At the time of excavation, there were no human remains recorded at the site,
01:54meaning Arisvi Holdings didn't need approval under the Aboriginal Heritage Act.
01:58The government says any future works which could cause damage will need consent.
02:03It's little comfort for the community.
02:06Just because we didn't fence our cemeteries don't mean they're not there.
02:13Arisvi Holdings declined an interview, but in a statement from its lawyer,
02:17the company said it has fully cooperated with the various authorities and all matters are resolved.
02:23It said the Aboriginal Affairs and Reconciliation Department determined not to take any further action
02:29and has closed its investigation.
02:31Development application amendments are currently being reviewed by the State Planning Commission.
02:36A dig that's devastated a cliff, culture and community.
02:40That brings us to the University of South Wales and the University of York City of North Wales
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