

Why we are taking on the fight
WA has the Highest Mesothelioma Rate in the World.

Environmental Devastation of Country
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3 Million+ Tonnes of Waste, laced with asbestos left behind at Wittenoom
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46,840 Hectares of Banjima Country poisoned by toxic legacy - 8x the size of Manhattan
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Australia’s ‘Chernobyl-Scale’ Environmental Disaster still unfolding
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Sickness, Cultural Loss & Environmental Degradation

The Human Cost
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Thousands Dead – WA Aboriginal people face the highest mesothelioma rates globally
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2026 marks 60 Years of Inaction
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Toxic Spread Beyond Exclusion Zone – known and preventable
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Contamination will spread for “hundreds of years”, government reports warn

Social & Environmental Injustice
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Inquiry Recommendations Ignored. Injustice Continues
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Native Title Rights Breached UNDRIP Article 29 Violated: toxic waste dumped without Indigenous consent
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Leave No One Behind as the world races to extract the minerals needed to power the “just energy” transition
Why #CleanUpWittenoom
The contamination at Ngambigunha, Wittenoom in the Pilbara of Western Australia on Banjima Country – is not history, it’s a living, toxic legacy.
It has caused sickness, cultural loss, and environmental devastation that will continue to silently fester without action.
From 1937 until 1966, successive asbestos miners dumped more than three-million tonnes of mine waste — known as ‘tailings’ — laced with deadly blue asbestos in the Wittenoom area.
For the past 30 years, successive government inquiries recommended the clean-up of Wittenoom and even labelled the contamination ‘environmental vandalism’ of one of the most scenic areas of the State.
Instead of fixing the contamination of our Country, in 2008 the Western Australian government declared the Wittenoom Asbestos Management Area (WAMA) — a 46,840-hectare exclusion area that is unsafe to access and unfit for human habitation. It’s a sacrifice zone more than half the size of Singapore on Banjima’s Native Title lands.
The cost to Banjima
For tens of thousands of years, Ngambigunha, Wittenoom has been home to Banjima.
The creation story of Thoro, the serpent that formed the magnificent gorges that are iconic to Karijini National Park, is now disrupted at Ngambigunha, Wittenoom Gorge.
This uninhabitable toxic site sits just seven kilometres — as the crow flies — from the Karijini Eco Retreat.
In 2014, after decades in the courts, Banjima People achieved Native Title, but were handed back one of the most contaminated sites in the Southern hemisphere. We were handed back a site with toxic tailings, with no support, help or plan to fix it. The contamination is a violation of our Native Title rights. Banjima can no longer access cultural sites and conduct law safely in Ngambigunha.
The contamination also breaches Article 29 of the UN Declaration on the Rights of Indigenous Peoples which states there should be no storage of hazardous materials on Indigenous lands without consent.
There isn’t a Banjima family that hasn’t been touched by sickness from Wittenoom. Aboriginals in Western Australia have the highest rates of mesothelioma in the world.
A clean-up is possible - and has been done before
There are precedents for clean-ups of toxic sites in Australia. These include the toxic Fiskville firefighting site in 2022 which had a clean-up bill of AUD 80 million. The Mr Fluffy asbestos clean-up in Canberra in 2014 cost over AUD $1bn.
In 2022, the last remaining residents of Wittenoom town were evicted ahead of its demolition in 2023. The W.A. Government declared this was “an end to a dark period in our State's history.”
This statement belies the ongoing harm that is being inflicted on Banjima. Burying the town may deter the thrill-seekers that flocked to the town in ghoulish disaster tourism, but the major source of asbestos contamination — the tailings dumps — remain.
Now in an unacceptable risk to all communities, the contamination has spread outside the exclusion zone.
This was entirely foreseeable and preventable.
For decades, the government has known that asbestos contamination is spreading and, if left unchecked, will continue to do so “for hundreds of years.”
Enough is enough: 60 years of inaction
2026 marks sixty years of inaction. Banjima are seeking a concrete commitment for the remediation of the tailings dumps.
What we don’t want is for another report to be commissioned only for it to be unactioned.
This is the year to commit to a clean-up ahead of the 60-year anniversary of the closure of the Wittenoom mines. It’s time for an answer to the inaction.
Legal Case
Gordon Legal acts for BNTAC, the Aboriginal Corporation which represents the Banjima people.
Banjima County has been poisoned by the asbestos mines at Wittenoom and the decades long failure to clean it up. Consequently, the health of the Banjima people has been put at risk for generations.
Our legal case is twofold:
Traditional Owners' land rights have been interfered with by the asbestos contamination, limiting access to culturally significant sites and enjoyment of Country.
The poisoning of Country has caused thousands to be diagnosed with asbestos-related diseases, including mesothelioma.
We are fighting for:
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Clean-up of the three main tailings dumps to eliminate or considerably reduce the erosion spread hazard of those dumps for future generations;
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Compensation to BNTAC for the past and continuing Wittenoom asbestos hazard;
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Holding to account those responsible for the reckless and disgraceful creation and maintenance of the Wittenoom asbestos hazard; and
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Compensation to Banjima people for the wrongs caused to them and the provision of options for them if they develop asbestos-related disease.
Behind the Case: Peter Gordon
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Peter is one of Australia’s most prominent class action lawyers. He has an unrivalled record of fighting for justice for working people, and has conducted many history-making class action cases, as well as a large number of individual actions. He established Gordon Legal to provide an unprecedented legal service to those who need it most.
In 1985, Peter obtained the first successful asbestos cancer damages verdict in Australia and since that time he has acted for over 2000 people in successful claims over asbestos-induced disease. His work for Wittenoom asbestos miners established the right of Australian workers to claim punitive damages from their employer, and also established the direct tort liability of parent companies whose guiding hand put the employees of their subsidiary companies in harm’s way.
