Western Australia to remove Aboriginal heritage protection laws from 2021

MELBOURNE, Aug 8 (Reuters) – Western Australia will repeal its 2021 Aboriginal Cultural Heritage Protection Acts, introduced after the destruction of ancient Juukan Gorge rock shelters, in response to opposition from landowners, the Prime Minister said on Tuesday. state minister.

The indigenous group whose shelters were legally destroyed by mining giant Rio Tinto (RIO.AX) in 2020 he said he was outraged by the decision to remove the protection. The rock shelters had shown human habitation dating back 46,000 years.

State Premier Roger Cook said the 2021 legislation would be scrapped after widespread opposition from farmers and herders. Instead, a 1972 law would be reinstated and amended to ensure the protection of important sites.

“The Juukan Gorge tragedy was a global shame, but our response was wrong, we took it too far, unintentionally causing stress, confusion and division in our community,” Cook said.

The amendments to the 1972 law were “simple and effective” and would prevent another Juukan gorge from happening, he said.

Landowners have taken up arms over what they said was onerous and costly regulation laid out in the 2021 law.

But Puutu Kunti Kurrama and the Pinikura Aboriginal Corporation (PKKP) condemned the decision, saying it had lost faith in the state government to protect Aboriginal cultural heritage and that the return of sections of the old 1972 law was a disgrace.

“The PKKP is outraged that they and traditional owners in Western Australia have come full circle, and the Cook government is reverting to the laws that allowed the destruction of Juukan Gorge,” the group said in a statement.

The change, which comes after the legislation was in effect for just five weeks, may temper growing angst in the state over Indian rights.

Support has been falling nationally for federally backed plans to set up an indigenous advisory body in parliament that Australians will vote on in a referendum later this year.

‘IMPRACTICABLE’

The destruction of the rock shelters of Western Australia’s Juukan Gorge for an iron ore mine caused deep anguish for indigenous groups and a global outcry that eventually cost Rio’s CEO, president and senior executives their jobs.

It triggered a national investigation, forced miners to review their practices, and brought tougher governance requirements from investors.

The PKKP said over the weekend that the 2021 law, while not perfect, was an improvement over the 1972 regulations.

Rio Tinto sent a letter to aboriginal groups, including the PKKP, assuring them of its commitment to protecting cultural heritage, according to a copy seen by Reuters.

The miner said in a statement that it would continue to work with the state government to advocate for greater protection of Aboriginal cultural heritage.

WAfarmers chief executive Trevor Whittington told Reuters the 2021 legislation was not suitable and his group was waiting to see what the amendments entailed.

“Every new agricultural activity we undertake would require a new heritage survey,” he said of the 2021 legislation.

“It was unfeasible.”

Cook, however, dismissed those claims, saying the only obligations for farmers or other property owners to conduct a heritage survey under the 2021 legislation were if they planned an activity that would impact a known cultural heritage site.

One of the main grievances that the aboriginal groups had with the new act it was that they did not have the right of veto and that the one who made the final decision on the destruction of the patrimony was a government minister. Under the 1972 legislation, which governed development until June, miners or landowners could appeal a minister’s decision, but indigenous groups could not.

“We will make sure they have the right to appeal if a decision is made,” Cook said.

Reporting by Melanie Burton; Edited by Kim Coghill and Robert Birsel

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