An application to prevent the development of a 63,000-seat Olympic stadium at Brisbane’s Victoria Park has been lodged with the federal government.

The Yagara Magandjin Aboriginal Corporation (YMAC), which lodged the application, considers it “one of the city’s most important First Nations sites”.

The Queensland government’s decision to proceed with plans to construct the stadium for the 2032 Olympic and Paralympic Games has been met with some criticism.

YMAC spokesperson and Yagarabul elder Gaja Kerry Charlton said the group was “resolute” to protect the site.

ABC Radio Brisbane presenter Karina Hogan and gaja Kerry Charlton hold microphones in conversation

Gaja Kerry Charlton (right) says Victoria Park is “of great significance and history”.

“[Victoria Park] Barrambin is living Country … we know this place is of great significance and history … it was a complete shock when the premier came out with his stadium plans,” she said.

“We are very concerned there are ancient trees, artefacts and very important eco-systems existing there. There may be ancestral remains.”Request for legally binding protection order

The application — made under Section 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act (ATSIHP) — allows the Commonwealth to declare long-term protection of a significant Aboriginal area.

ATSIHP predates the Mabo decision and the Native Title Act and does not grant property rights.

A grassy parkland dotted with trees and a city skyline in the background.

Elders are concerned plans to construct a stadium will impact First Nations history at the site. (ABC News: Mark Leonardi)

Rather than be presided over by the court, a decision to approve or reject the request lies with the federal environment minister.

If the minister is satisfied that a specific area is of significance and under threat, they may issue a legally binding order to protect it.

In this case, the application will be decided on by Environment Minister Murray Watt.

Murray Watt walking in front of a building.

Federal Environment Minister Murray Watt will have the final say on whether the application is approved or dismissed. (ABC News: Keane Bourke)

In a statement, a spokesperson from the Department of Climate Change, Energy, the Environment and Water said the application was received on Tuesday morning.

“The department is currently reviewing this application and will take all standard steps to progress it, including engaging with the applicant, the proponent and the Queensland government,” they said.

‘It’s Australia’s history’

The 60-hectare park is managed by Brisbane City Council, but legislation passed by the Queensland government last month to exempt venues for the 2032 Brisbane Olympic and Paralympic Games from planning laws will see the site converted to a 63,000-seat stadium.

An illustration of a large stadium in a green park near the CBD.

The Queensland government plans to build a new stadium at Victoria Park for the 2032 Olympics.  (Supplied)

In a statement, a state government spokesperson said the new laws underpin the delivery of Games infrastructure. 

“The new laws provide a bespoke process that recognises Aboriginal and Torres Strait Islander cultural heritage matters, incorporating engagement and consultation with relevant parties and preparation of a cultural heritage management plan,” they said.

Yagara elder Uncle Steven, who consulted on the application to the federal government, said there were “not many places left around south-east Queensland that still contain that significance in cultural heritage”.

“If that [stadium] goes ahead, we lose part of our history,” he said.

“It’s not only First Nations history, it’s Australia’s history, Brisbane’s history.”