Western Australia has repealed a recently introduced law aimed at protecting Indigenous sites, following public outcry over Rio Tinto’s destruction of a 46,000-year-old sacred rock shelter. The decision has been met with criticism from Indigenous groups, who argue that their needs were ignored and there was insufficient consultation. Rio Tinto admitted in 2020 that it had blown up the rock shelter in Juukan Gorge to expand an iron ore mine, causing global embarrassment. The site contained significant artefacts and held deep spiritual meaning for the Puutu Kunti Kurrama and Pinikura (PKKP) people of Western Australia.
Western Australia’s Premier, Roger Cook, acknowledged that the response to the Juukan Gorge tragedy had been inadequate and stated that the new legislation, which came into effect on July 1, was overly complex. He blamed the law for causing stress, confusion, and division within the community. Cook, who took office two months ago, announced that changes were necessary and that the state government would repeal the law, reverting to the previous legislation that had been in place for 50 years. Some amendments would be made, including a requirement for landowners to inform the government of any new information regarding Aboriginal sites.
Indigenous groups, such as the PKKP Aboriginal Council and the National Native Title Council, expressed outrage at the decision to repeal the new law. They argued that it amounted to a return to a flawed approvals process that prioritizes industry over the protection of cultural heritage sites. Kado Muir, chairman of the National Native Title Council, criticized the lack of proper consultation with First Nations people, stating that the repeal of the legislation leaves cultural heritage sites vulnerable and the details of the new approach remain unclear. There are fears that concessions may be made to farmers and others that could lead to further destruction of important Indigenous sites.
The Western Australian government defended its decision, stating that the new law had proven unworkable and burdensome for landowners. They announced plans to survey uncharted high priority areas over the next ten years, with the consent of landowners, in an effort to protect cultural heritage sites. However, critics argue that this approach may not be adequate to ensure the preservation of significant sites. The repeal of the Indigenous heritage law has sparked concerns about the lack of adequate protection for Aboriginal heritage in Western Australia, raising questions about the overall safeguarding of Indigenous sites across the country.
The removal of the legislation illustrates the ongoing challenges faced by Indigenous communities in protecting their cultural heritage and raises broader questions around the balance between economic interests and the preservation of sacred sites. The destruction of the Juukan Gorge rock shelter served as a wake-up call and highlighted the urgent need for stronger measures to protect Indigenous heritage. As the debate continues, there is a growing call for more comprehensive and collaborative approaches that prioritize the voices and rights of Indigenous peoples in the management and preservation of their ancestral lands.
