Juukan Gorge

In May 2020, Rio Tinto destroyed Aboriginal sites as part of a permit granted by the Minister for the Aboriginal Heritage Act 1972 (the Act) to access more iron ore. This resulted in the destruction of an ancient rock shelter at Juukan Gorge on Puutu Kunti Kurrama Country in the Pilbara region of Western Australia. The significance of the Aboriginal site cannot be understated, with evidence of Aboriginal people first using Juukan Gorge 47,000 years ago until “just a few decades ago”. Thousands of significant artefacts were found at the site during an excavation conducted in 2014, including human hair and tools. Despite opposition from Traditional Owners, the Aboriginal cultural heritage permit was granted to Rio Tinto, and the Aboriginal heritage site was destroyed. This destruction was permitted under the Act. As Southalan (2020) explains:

The statute makes it an offence to damage an Aboriginal site (section 17). The statute also lets parties apply for ministerial consent to use land in a way which may damage Aboriginal sites and, if the Minister consents, gain immunity from committing any offence under the Act (section 18)

A 2011 WA Auditor General report also found that the Department of Planning, Lands and Heritage that administers the Act is insufficiently resourced, and that Aboriginal cultural heritage may be destroyed without the State knowing or acting.