Moves by the federal government to strengthen protections for Indigenous cultural heritage sites have been broadly welcomed by Indigenous custodians, amid warnings that state laws do not go far enough.
Following Rio Tinto's destruction of the Juukan Gorge rock shelters in Western Australia in 2020, a parliamentary inquiry recommended tougher protections for such sites.
Today federal Environment Minister Tanya Plibersek said seven of the committee's eight recommendations had been accepted, with a decision on the remaining one — a decision on whether the environment minister or Indigenous affairs minister would have the final say — yet to be determined.
Juukan Gorge traditional owners said they were not consulted about the announcement and were "angry and disappointed", but other Indigenous groups have expressed their support.
"All of this started with the destruction of our cultural heritage, everyone keeps on telling us they are sorry about it, but actions speak louder than words," Puutu Kunti Kurrama and Pinikura (PKKP) Aboriginal Corporation chair Burchell Hayes said.
"It seems like a media event in Canberra is more important than giving PKKP people the respect of asking us what can be done to try and stop something like the destruction of the Juukan rock shelters happening again, or even letting us know what the government is planning."
WA cultural protection slammed
But the Yamatji Marlpa Aboriginal Corporation (YMAC), which was among those consulted by the federal government on the issue, said it was pleased with the Commonwealth's response, while warning WA legislation was inadequate.
“What we have now is a chance to harmonise laws across Australia to create even stronger protections to prevent the destruction of important First Nations sites in the future," YMAC chief executive Simon Hawkins said.
"[But] Western Australia’s own Aboriginal Cultural Heritage Act 2021 – which was rushed through parliament two days before Christmas last year, just before midnight – isn’t strong enough to prevent another Juukan Gorge disaster."
He said mining companies should not be allowed "technically legal backdoor methods of gaining approvals that allow them to disturb important sites".
His words were echoed by Kimberley Land Council chief executive Tyronne Garstone, who said Australia had failed to protect cultural heritage sites, particularly in WA.
"This particular issue impacts on all of us across Australia," he said.
Mr Garstone said the WA government did not trust Aboriginal people to make informed decisions about sites of cultural significant, and called on it to allow an Indigenous veto to stop "libraries and museums and other important sites" being destroyed by mining companies.
But he said today's announcement was "extremely exciting" for Aboriginal people and welcomed the federal government's leadership on the issue.
Call to base laws on consent
Prominent human rights lawyer Hannah McGlade also welcomed the announcement and said she hoped the new protections would set a benchmark for state laws, which currently allow for the destruction of Indigenous heritage sites.
"We have a communication to the UN Committee on Race Discrimination in relation to the systemic destruction, legalised, under the WA heritage legislation," she said.
"We need federal laws that set a benchmark based on free, prior, informed consent.
"The WA law fails to do that and continues to render Aboriginal heritage unsafe."
The Save Our Songlines [SOS] group, which is fighting to protect rock art in the Burrup Peninsular where the Juukan cave was blown up, remained concerned emissions from activity at the Burrup Hub were continuing to destroy ancient art.
"The desecration of Murujuga is happening right now under the exact same weak laws that allowed Juukan Gorge to be destroyed," spokeswoman Raelene Cooper said.
"How the minister addresses our concerns will be the test to see if things have really changed when it comes to protecting First Nations heritage."
