Federal minister Environment and Water, Tanya Plibersek, on behalf of the Federal Government, has signed a new Partnership Agreement with the First Nations Heritage Protection Alliance in response to the destruction of Juukan Gorge.
In 2020, the Joint Standing Committee on Northern Australia led an inquiry into the destruction of the 46,000 year old caves at Juukan Gorge, in the Pilbara region of Western Australia.
The committee made eight recommendations including:
- Improving cultural heritage laws and regulation
- Adopting improved cultural heritage frameworks, policy and administration
- Developing a model for a cultural heritage truth telling process
- Reviewing the Native Title Act
The committee also released two reports – A Way Forward: Final report into the destruction of Indigenous heritage sites at Juukan Gorge, released 18 October 2021, and Never Again: Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia- Interim Report, released on 7 December 2020.
The Federal Government has noted or agreed to all the committee’s recommendations, highlighting that reform of First Nations cultural heritage protections is urgent and essential.
The Federal Government has committed to doing the work to ensure better ongoing protection for First Nations cultural heritage, as well as working with the First Nations Heritage Protection Alliance to develop options to reform First Nations cultural heritage protections.
This new agreement signed by Ms Plibersek extends and expands the Federal Government’s work with the Alliance, to work in a genuine co-design partnership with the Alliance and communities to reform cultural heritage laws.
Industry responses
Chamber of Minerals and Energy (CME)
CME CEO, Rebecca Tomkinson, said, “The Western Australia resources sector has a deep respect for Indigenous peoples and country and we are committed to continuing to build strong relationships, partnering and providing opportunities for Indigenous businesses and groups and working directly with Indigenous Australians on our sites throughout the regions where we operate.”
Ms Tomkinson said CME and its member companies will review the Federal Government’s response, alongside its ongoing review and response to the recommendations delivered in the two inquiry reports.
CME and the Western Australia mining and resources sector continue to support the review of relevant Commonwealth legislation to ensure modernisation and alignment of Aboriginal cultural heritage protections, where required, at both a state and federal level.
Ms Tomkinson said the Western Australia resources sector also continues to engage in the final stages of the implementation process for new Western Australia Aboriginal cultural heritage legislation, expected to be fully operational in July 2023.
This repeal and replacement of 1972 legislation has been underway for more than four years and reflects the evolution in the way the resources sector approaches cultural heritage management and protection through agreement making with Traditional Owners and Custodians.
Ms Tomkinson said the new Western Australia Act – having been recently developed – reflects many of the recommendations made in the inquiry reports and CME will continue to engage with the process underway at a Federal level to ensure reforms prioritise alignment and do not introduce unnecessary duplication.
Rio Tinto
Rio Tinto acknowledges the release of the Federal Government’s response to the Joint Standing Committee on Northern Australia’s report into the destruction of rock shelters in Juukan Gorge on the land of the Puutu Kunti Kurrama and Pinikura people (PKKP) in the Pilbara Region of Western Australia.
Rio Tinto Chief Executive, Jakob Stausholm, said, “Since the tragic events of May 2020, we have been tirelessly focused on changing the way we engage and work in partnership with Indigenous communities, to protect and preserve cultural heritage.
“We acknowledge the announcement and will explore the government’s response to the report’s recommendations in detail, as we continue to strive to be the best partner we can be, and play an active role in ensuring heritage sites of exceptional significance are protected.”
According to Rio Tinto, this includes:
- Continuing to work towards remedying and rebuilding its relationship with the Puutu Kunti Kurrama and Pinikura people and on the remediation of the Juukan Gorge rock shelters
- Supporting the strengthening of cultural heritage legislation at both state and Commonwealth levels
- Shifting to a model of co-management to enhance the protection of heritage and provide better outcomes for Indigenous peoples and the company’s business
- Revising internal standards, improving risk management systems and strengthening assurance processes
- Changing company culture and processes to ensure Traditional Owner views are understood at all stages of the mine life
A comprehensive summary of the relevant actions taken by the business was outlined in October’s Communities and Social Performance (CSP) Commitment Disclosure Report.
Minerals Council of Australia (MCA)
The MCA acknowledges the Aboriginal and Torres Strait Islander people as one of the oldest continuous cultures on earth with a living connection to their land and water.
The Federal Government has responded to the report issued by the Joint Standing Committee on Northern Australia titled Final report into the destruction of Indigenous heritage sites at Juukan Gorge.
The MCA said the tragedy at Juukan Gorge should not have happened and must never happen again.
According to the MCA, the Australian minerals industry has been listening, embedding lessons and taking action, working hard to regain the confidence and trust of Traditional Custodians and their communities since the incident occurred in 2020.
Positive examples of these actions were noted in the inquiry report.
The MCA said the minerals industry has been taking meaningful steps to ensure culturally safe workplaces where the voices of Aboriginal and Torres Strait Islander team members and leaders are heard and acknowledged.
The industry advocates for the importance of Aboriginal and Torres Strait Islander cultural heritage, acknowledging the deep and strong connectivity between physical places and songs, ceremonies, protocols and stories that are vital to identity and sense of place.
The MCA said Aboriginal and Torres Strait Islander people are core partners for the minerals industry and now, more than ever, the nation needs a strong mining industry that benefits all Australians. In particular, the first Australians.
The minerals industry plays an important role in Closing the Gap, not only in direct jobs and economic development but in contributing to intergenerational outcomes, including wealth, health and education outcomes.
MCA said the sector is committed to continued positive engagement with the government and the First Nations Heritage Protection Alliance partnership to support a strong and practical regime that will enable Aboriginal and Torres Strait Islander cultural heritage to continue to prosper.
Featured image: The Pilbara region. Image: Chamber of Minerals and Energy (CME).
