Please enable JavaScript.
Coggle requires JavaScript to display documents.
MINING & Natural Resources LAW - Coggle Diagram
MINING & Natural Resources LAW
Development of Aboriginal Cultural Heritage Act 2021
The act is a new way of protecting the aboriginal cultural heritage by giving the aboriginal people a must stronger say in managing their cultural heritage.
https://www.wa.gov.au/system/files/2021-10/Short-Summary-of-the-Aboriginal-Cultural-Heritage-Bill.pdf
The main purposes of the Act - recognise how important the aboriginal culture is to the aboriginal people - also important to non-aboriginal people - make sure its aboriginal people who decide what their cultural heritage is - protect and preserve their heritage - provide a way to stope people from damaging their cultural heritage - make sure people appreciate WA's aboriginal cultural heritage
https://www.wa.gov.au/system/files/2021-10/Detailed-Overview-of-the-Aboriginal-Cultural-Heritage-Bill.pdf
Basis of belief by WA gov, that it will reduce risk and prevent another Juukan Gorge
a significant step towards achieving equity in the relationship between Aboriginal people, industry and Government by replacing outdated Aboriginal cultural heritage laws and removing the controversial Section 18 approval process. Aboriginal cultural heritage in Western Australia will now be better protected by putting Traditional Owners at the heart of decision-making about the protection and management of their heritage, with the principles of free, prior and informed consent enshrined in the agreement making process. (WA.gov, document collection)
https://www.wa.gov.au/government/document-collections/aboriginal-cultural-heritage-act-2021
https://www.wa.gov.au/system/files/2021-10/How-the-Bill-prevents-another-Juukan-Gorge-event.pdf
https://www.wa.gov.au/system/files/2021-10/The-Aboriginal-Heritage-Act-1972-v-Aboriginal-Cultural-Heritage-Bill.pdf
Basis of belief by Heritage professionals and Aborginal representatives that it will do nothing to prevent another Juukan Gorge
In September, five Aboriginal leaders including Dr McGlade asked for a United Nations committee to review Western Australia's draft proposed cultural heritage bill, arguing it was incompatible with Australia's international obligations on racial discrimination.
https://www.abc.net.au/news/2021-11-17/aboriginal-heritage-laws-to-prevent-another-juukan-gorge/100626030
https://www.uwa.edu.au/news/Article/2021/December/why-the-WA-Aboriginal-cultural-heritage-bill-will-not-prevent-another-Juukan-Gorge-like-disaster
Often asserted that the act of a grant of mining tenament affects native title rights and interest regardless of any physical disturbance
Textbook
Approach a mining company should take to balance interest of shareholder andf Aboriginal stakeholders.
The approach between a mining company and indigenous communities/aboriginal stakeholders should be continously evolving.
Companies must go beyond what is considered the industry norm and beyond the minimum
required by law to ensure sustainable outcomes
Site sureying-generally non-aboriginal archeologist can identify physical archeological sites but only Traditional custodians are avble identify cultural (ethnographic) sites.
Juukan Gorge facts
Juukan Gorge is a cave located in the Pilbrara region of WA. The caves were sacred places for the Puutu Kunti Kurrama and Pinikura peoples of the area. The caves were destroyed on May 23 2020 in a blast by Rio Tinto in order to expand an iron ore mine. Despite receiving urgent appeals against the planned destruction of the caves from traditional owners, then-Rio Tinto boss Jean-Sebastien Jacques said the site was already strapped with explosives and it was too unsafe to stop the blast. Despite receiving urgent appeals against the planned destruction of the caves from traditional owners, then-Rio Tinto boss Jean-Sebastien Jacques said the site was already strapped with explosives and it was too unsafe to stop the blast.
Differences in the old and new Act?
https://www.wa.gov.au/system/files/2021-10/The-Aboriginal-Heritage-Act-1972-v-Aboriginal-Cultural-Heritage-Bill.pdf
Introduction
Essential for mining companies to consider native title and Aboriginal heritage act when mining or exploring close to heritage sites or on/closeto native title land.
In Mabo, supreme court says CL recognises importance of native title land to aboriginal people and protects the entitlemements of Aboriginal people in regards to their land, their tradition and their customs.
Native title and Aboriginal heritage are closely interloc ked, although sites with cuktural significance will continue even if native title has been extinguished.
No legislation prescribes mechanism for identifying sites.
Textbook