Australian state passes Aboriginal heritage protection law

Western Australia's parliament has passed legislation aiming to better protect Aboriginal heritage in the mining state.

Western Australia state Premier Mark McGowan said on Wednesday the new legislation, which overhauled a 1972 law, took a respectful approach to managing Aboriginal cultural heritage in a state rich in mineral and energy resources on their land.

"Finding a balance between the protection of that rich cultural heritage and delivering on the economic potential of natural resources to ensure our state's continuing prosperity is crucial," McGowan said in a statement.

The state said the new law is the only Aboriginal heritage legislation in Australia to require that Aboriginal people give "informed consent" for agreements.

Aboriginal groups: Not enough

Indigenous groups said it did not go far enough and are now counting on changes at the national level.

One of the main concerns raised by Aboriginal groups is that the legislation keeps the final say over development decisions with a government minister in cases where a developer and traditional owners cannot agree terms.

"This will be business as usual on our sacred sites, which leads to the continued destruction and desecration of Aboriginal cultural heritage," National Native Title Council Chairman Kado Muir said in a statement.

The state's Chamber of Minerals and Energy has backed the legislation but said the next step of setting out regulations within the new framework would be tough.

"Change of this scale is complex, and the challenge ahead to deliver on the potential set out in the bill should not be underestimated," the chamber's chief executive Paul Everingham said in a statement in November.

READ MORE: Australia alters anthem to reflect Indigenous history

Destruction of a 46,000-year-old site

In May 2020, global miner Rio Tinto exploded two rock shelters at Juukan Gorge in the Pilbara as part of its operations to feed an insatiable global appetite for iron ore.

Indigenous heritage protection has become a major issue after Rio Tinto's legal destruction of the culturally significant rock shelters dating back more than 46,000 years, sparking public and investor outrage.

An Australian inquiry into Rio Tinto's destruction of Juukan Gorge recommended a new national legal framework and for Aboriginal people to be the top decision makers on heritage issues.

Aboriginal groups are now counting on federal legislation to go further than the Western Australia law.

READ MORE: Top bosses at Rio Tinto quit after destruction of indigenous site