WA to roll out new Aboriginal heritage laws

The new legislation will replace the ‘grossly inadequate’ laws that allowed Rio Tinto to destroy Juukan Gorge Rock shelters.

Juukan Gorge in Western Australia — one of the earliest known sites occupied by Aboriginals in Australia. Picture: PKKP Aboriginal Corporation / AFP

The McGowan Labor government says it is ready to unveil new Aboriginal heritage laws to replace the “grossly inadequate” legislation that allowed Rio Tinto to push on with the destruction of the Juukan Gorge Rock shelters even after the discovery of artefacts showing Aboriginal people used the caves for 46,000 years.

The West Australian government’s rewrite of the state’s 1972 Aboriginal heritage act gives traditional owners and land users such as miners the same rights of appeal. Penalties of up to $10 million would apply for breaches. From September 21 the public, traditional owners and miners will be asked to comment before a bill is taken to state parliament.

The McGowan government came to power in March 2017 on a promise to align the state’s heritage laws with native title rights and reset the relationship between traditional owners and industry. The draft legislation was almost finished in May when Rio Tinto blasted the Juukan Gorge Rock shelters, drawing worldwide condemnation. The company had obtained permissions to destroy the rock shelters in 2012 and 2013, before the discovery and removal of ancient artefacts including a bone sharpened into a tool and braided hair. The company’s own submission to a parliamentary inquiry into the blasts acknowledges there were other options and it missed opportunities to take them.

The proposed new law removes the controversial Section 18 process that paved the way for the destruction of the caves and “doesn’t give Aboriginal voices the opportunity to be heard”, according to the McGowan government.

Ben Wyatt, the WA minister for Aboriginal affairs and heritage, said the new Aboriginal Cultural Heritage Bill 2020 would protect and respect one of the world’s oldest continuous living cultures.

“This bill will reset the relationship between Aboriginal people and land users and align our legislation with commonwealth native title laws that respect the right of Aboriginal people to negotiate outcomes for projects and opportunities on their lands,” Mr Wyatt said.

“It will ensure Aboriginal people determine the importance and significance of their heritage sites and empower traditional owners to make agreements regarding the management and impact on their cultural heritage sites.

“Cultural heritage is central to the health and vitality of Aboriginal communities with knowledge passed from generation to generation, providing a strong connection to their past, present and future.

“We have seen recently how grossly inadequate the current legislation is to protect Aboriginal heritage and the appeals by traditional owners and land users to modernise our system.”

The proposed new law is due to be revealed as Rio Tinto boss Jean-Sebastien Jacques was due to meet representatives from the Puutu Kunti Kurrama and Pinikura people, the traditional owners of the Juukan Gorge caves. He had apologised for the blasting but was yet to hold a face-to-face meeting with the traditional owners. He flew to Perth and completed quarantine in a Perth hotel and was scheduled to fly to the Pilbara to meet the PKKP representatives this week.