Senate debates

Thursday, 16 November 2023

Questions without Notice

First Nations Australians: Cultural Heritage

2:18 pm

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | | Hansard source

I rise to ask a question to the Minister representing the Minister for Resources, Minister Farrell.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Cox, Minister Farrell has leave of absence.

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | | Hansard source

Who's taking his questions? It's Senator Watt—I draw the lucky straw today! Right across the country, sacred sites, including on the Tiwi Islands and Murujuga in my home state of Western Australia, are under threat from resources companies. These sites hold knowledge and stories that are tens of thousands of years old. Murujuga holds some of the most ancient rock art in the world, and much of it has been destroyed. The current pipeline of the Barossa project north of the Tiwi Islands will impact sacred burial sites and songlines, and, indeed, the first point of contact for humans on this continent. Minister, my question is: what is your government doing to protect First Nations cultural heritage, instead of trying to justify it for corporate profits, and what are you doing to protect our precious ecosystems and sacred places?

2:20 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | | Hansard source

Thank you, Senator Cox. I will do my best to represent Senator Farrell, who's representing Minister King. Obviously, this government takes the matters that you've raised very seriously. We absolutely respect First Nations cultural heritage right across our country, and these are important matters that need to be considered in the context of any proposed resource development, whether it be in the Northern Territory or anywhere else. Senator Cox, you would be aware that the government does have a process underway around the amendments to and reconsideration of cultural heritage legislation. That matter actually is being led by Minister Plibersek, as I understand it. I'm happy to provide you with some further information about where that process is up to, but the point remains that we do need to get to a place in Australia where important cultural heritage sites for our First Nations people are respected.

Obviously, our government does also support resource developments going ahead and other projects that create jobs and produce economic development, including for First Nations communities, but those projects need to proceed in a way that does respect First Nations cultural heritage. A lot of this debate has of course been prompted by the terrible scenes that we saw involving Juukan Gorge, which I think gave all Australians and resource companies some pause for thought about the interaction between those types of developments and projects and First Nations heritage. I'm happy to provide you with some further information on that as it comes to hand.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Minister Wong.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

President, through you, I am advised that, as Senator Watt just indicated, this question probably ought to have been directed to me, as the Minister representing the Minister for the Environment and Water. If the senator wishes to continue otherwise, can I just indicate the opposition would give leave—the government would give leave—

Honourable senators interjecting

I had a lot of years! The government would give leave for the supplementary to come to me, if it would be of any assistance.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Cox, first supplementary? Just name which minister.

2:22 pm

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | | Hansard source

Thank you, Senator Wong. I will direct my questions to you. The fact of the matter is that this government and successive governments have allowed, and continue to allow, sacred sites to be destroyed for the sake of the resources industry. Will this government step in and ensure that the resources industry are not allowed to destroy sacred sites, such as those on the Tiwi Islands and Murujuga, simply so they can line their pockets and destroy this planet?

2:23 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

We have a regulatory framework in place that is intended to assure the protection of Indigenous cultural heritage. However, Senator, you are right to point to the examples of particular companies not acting in accordance with that regulatory framework. The most egregious example of that is, of course, Juukan Gorge. I know a parliamentary committee did make very clear representations about the importance of strengthening Commonwealth cultural heritage protections following the destruction of Juukan Gorge. That was agreed. The minister has outlined a consultation process for that. (Time expired)

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Cox, second supplementary?

2:24 pm

Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | | Hansard source

I want to acknowledge some of the Tiwi Islands traditional owners that are in the gallery here today. Their traditional owners have been in court multiple times now, fighting the Barossa gas field project in the Northern Territory. These determinations have largely shown how the legislative framework is not designed to account for First Nations cultural heritage, especially when it's underwater or intangible. How is your government going to address this?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

I welcome the community representatives and elders here today. We are aware of court proceedings in relation to the Barossa project. You would understand, Senator—just as I understand why you are asking me the question—that, as the matter remains before the courts, the government and in fact the Senate, as a general rule, will not be commenting on matters before the Federal Court. I would note that the federal government is not party to these proceedings.

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

At least you're not against the duty of care.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | | Hansard source

Well, there are two points. Again, we're not a party to the proceedings. Secondly—

An honourable senator interjecting

Well, I'm advised—and I will correct the record if I am wrong—that the Commonwealth of Australia is not a party to these proceedings. (Time expired)