Warren Entsch (Leichhardt, Liberal Party) Share this | Hansard source

On behalf of the Joint Standing Committee on Northern Australia, I present the committee's report, incorporating dissenting reports, entitled A way forward: final report into the destruction of Indigenous heritage sites at Juukan Gorge.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—On behalf of the Joint Standing Committee on Northern Australia, I wish to make a few remarks on the committee's final report into the destruction of Indigenous heritage sites at Juukan Gorge which has just been presented. Firstly, I'd like to acknowledge the Aboriginal and Torres Strait Islander peoples in this nation and the traditional custodians of country throughout Australia, and I pay my respects to ancestors and elders past, present and emerging.

This report follows on from Never again, the interim report of the inquiry, which was tabled on 9 December 2020. Despite the impact of COVID-19, we have been successful in producing a complete examination of the issues brought to light throughout the inquiry. Aboriginal and Torres Strait Islander cultural heritage—both tangible and intangible—is a key part of Australia's history. Loss of cultural heritage diminishes the heritage of our nation and deeply wounds the Aboriginal and Torres Strait Islander peoples for whom this heritage is sacred. The destruction of the 46,000-plus years old Juukan Gorge rock shelters in May 2020 caused immeasurable cultural and spiritual loss as well as profound grief for the Puutu Kunti Kurrama and Pinikura, or PKKP, people. Rio Tinto's actions were inexcusable and an affront not only to the PKKP peoples but to all Australians. The company's actions demonstrated the profound lack of care for Aboriginal and Torres Strait Islander heritage in this country, but perhaps the tragedy may at least be a catalyst for change.

The destruction of the Juukan Gorge was a result of Rio's failures, but the events also highlighted the inadequacies of protection afforded by the Western Australian Aboriginal Heritage Act 1972. Throughout the course of the inquiry, it became apparent that there were serious deficiencies across Australia's Aboriginal and Torres Strait Islander cultural heritage legislative framework. The destruction of the Juukan rock shelters also awakened national and international awareness to the loss of the ancient presence of human beings on the continent. This has implications for governments, lawmakers and corporations who must take seriously the public awareness of international developments like the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, shareholders nationally and internationally who have become attuned to the behavioural standards of corporations and their relationships with Aboriginal and Torres Strait Islander people.

Aboriginal and Torres Strait Islander people across the nation reported to the committee their perspectives on the inadequacy of cultural heritage legislation. It became apparent to the committee that the legislation designed to protect cultural heritage has, in many, many cases, contributed to the damage and destruction. The committee was heartened by those in the resources industry who have responded to the destruction of the heritage sites at the Juukan Gorge by proactively reassessing their agreements with traditional owners and proposing processes to address inadequacies and inequalities in these agreements. The committee also calls on those working within the industry to improve the respect shown to Aboriginal and Torres Strait Islander peoples, and to also demand change across their industry as a whole. It is time for the legislative frameworks in all Australian jurisdictions to be modernised to bring meaningful protection to Aboriginal and Torres Strait Islander cultural heritage to ensure that nothing like Juukan Gorge ever happens again. Aboriginal and Torres Strait Islander peoples are not opposed to mining and acknowledge the economic benefits mining brings to the nation. They do, however, want the rights afforded to them by the UNDRIP to be a reality. Legislative change must be based on the UNDRIP principles of free, prior and informed consent. Such changes will bring deserved protections to Aboriginal and Torres Strait Islander people's cultural heritage and ensure that the world's oldest living culture continues to thrive.

I'd like to conclude with some words of thanks. Many people have contributed to this inquiry, including traditional owners, Indigenous organisations, companies, governments, lawyers, academics and members of the public. I would like to particularly thank the PKKP peoples, who, despite their grief, have embraced the inquiry and assisted its works. Thanks also to Rio Tinto, which, perhaps in contrition for its errors, has been forthcoming with evidence, not always to its advantage. I'd like to think that Juukan Gorge marks a turning point for that company and for the mining industry as a whole. I'd also like to thank all of my committee colleagues—including the member for Lingiari, sitting over there—for their attentive and very constructive contributions in what has proved to be quite a difficult inquiry, undertaken under very challenging circumstances. Last, but not least, I have to say a great thankyou to the staff of the secretariat—to Jenny Adams and her team—for their sterling work. They have been absolutely outstanding. I'm a little disappointed and saddened that, given the circumstances, we haven't been able to have them sitting here in the chamber today to personally thank them for their work, but I know that they will be listening to this contribution. I say thank you to each and every one of them: it's you guys who've made this report as good as it is. It's my earnest hope that this report leads to some very positive changes, and I commend it to the House.

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