The Joint Standing Committee on Northern Australia has written to the WA Aboriginal Affairs Minister, Hon Stephen Dawson MLC, on 10 December 2021 expressing the Committee’s concerns about the WA Aboriginal Cultural Heritage Bill then being considered by the WA Parliament. The letter was copied to the Commonwealth Minister for Indigenous Australians, Hon Ken Wyatt AM MP

Media release issue date: Monday, 20 December 2021

The Joint Standing Committee on Northern Australia has written to the WA Aboriginal Affairs Minister, Hon Stephen Dawson MLC, on 10 December 2021 expressing the Committee’s concerns about the WA Aboriginal Cultural Heritage Bill then being considered by the WA Parliament. The letter was copied to the Commonwealth Minister for Indigenous Australians, Hon Ken Wyatt AM MP. The letter, co-signed by the Chair of the Committee, Hon Warren Entsch MP, and Senator Pat Dodson, a member of the Committee, outlined the Committee’s disappointment with key provisions of the Bill and its failure to take account of recommendations of the Committee’s final report into the destruction of the Aboriginal cultural heritage at Juukan Gorge. Committee Chair Warren Entsch said the Bill “falls far short of the reforms advocated in the Committee’s final report on Juukan Gorge, in particular the call for consistency with the principles of free, prior and informed consent by Indigenous people”. He further stated that the Bill “conflicts with these principles by giving the Minister the ultimate power to decide whether mining or other activities can go ahead if traditional owners do not agree to an Aboriginal Cultural Heritage (ACH) Management Plan put forward by a proponent company”. Mr Entsch has also criticised the consultation process undertaken by the McGowan Government on the Bill, which he said “was not centred on culturally based protocols, was not undertaken in language and was not linked to elements of Aboriginal culture”. The letters are available on the Committee’s website: Additional Documents – Parliament of Australia (aph.gov.au) On behalf of the Committee Hon Warren Entsch MP, Chair Anika Wells MP, Deputy Chair Senator Dorinda Cox Senator Patrick Dodson Hon Warren Snowdon MP Media inquiries Hon Warren Entsch MP warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Northern Australia Committee has tabled the final report of its Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia.

Media release issue date: Monday, 18 October 2021

The Northern Australia Committee has tabled the final report of its Inquiry into the destruction of 46,000 year old caves at the Juukan Gorge in the Pilbara region of Western Australia. The report follows on from the work of the Committee’s interim report Never Again tabled on the 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. The final report titled, A Way Forward, emphasises that what happened at Juukan Gorge is not unique. It is an extreme example of the destruction of Aboriginal and Torres Strait Islander cultural heritage which continues to happen in this country. Importantly, the report highlights the need for legislative change at Commonwealth, State and Territory levels to ensure the protection of Aboriginal and Torres Strait Islander heritage. Upon tabling the final report today, Hon Warren Entsch MP, Chair said, ‘The destruction of the caves was a disaster beyond reckoning for the Puutu Kunti Kurrama People and Pinikura people, and Aboriginal and Torres Strait Islander cultural heritage as a whole. ‘This disaster was a wakeup call that there are serious deficiencies in the protection of Aboriginal and Torres Strait Islander cultural heritage. What is needed now is a way forward, for both Aboriginal and Torres Strait Islander people and industry.’ During the inquiry, the Committee heard a great number of Aboriginal and Torres Strait Islander cultural heritage protection issues. Each incident of heritage destruction or threat that was discussed compounded the clear need for change. Mr Entsch discussed that, from the significant volume of evidence received by the Committee, it was clear that extensive changes were required to ensure the protection of Aboriginal and Torres Strait Islander peoples cultural heritage. ‘Aboriginal and Torres Strait Islander people have been let down by the Commonwealth, State and Territory governments as well as industry,’ Mr Entsch said. ‘In making these recommendations today, the Committee and I want to bring about meaningful change. Failures to protect Aboriginal and Torres Strait Islander heritage must stop here.’ The report makes eight recommendations focusing on legislative change that will enhance Aboriginal and Torres Strait Islander people’s cultural heritage protections. Among other things, the Committee found that: There is a need for an overarching Commonwealth legislative framework which should be developed through a process of co-design with Aboriginal and Torres Strait Islander peoples. Administration responsibility of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Environmental Protection and Biodiversity Conservation Act 1999 should be transferred to the Minister for Indigenous Australians. There should be an Australian Government review of the Native Title Act 1993. The Australian Government should endorse and commit to implementing Dhawura Ngilan: A Vision for Aboriginal and Torres Strait Islander Heritage in Australia. There is a need for the development of a model for cultural heritage truth telling. There is a need to establish an independent fund to administer funding of prescribed body corporates under the Native Title Act 1993. ‘I am very proud of the hard work of the Committee that went into the development of this report. I am very pleased with the recommendations that have been made to tackle the problem of inadequate cultural heritage protection for Aboriginal and Torres Strait Islander peoples,’ Mr Entsch stated. ‘In tabling this report it is the Committees desire that we will Never Again see an event such as Juukan Gorge and that as a country we now have A Way Forward to protect the world’s oldest living culture.’ A copy of the report can be obtained from the Committee’s website or from the secretariat on (02) 6277 4162. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries        Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia 02 6277 4803 warren.entsch.mp@aph.gov.au For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

Rio Tinto to reappear before Committee to discuss status of their relationship with the Puutu Kunti Kurrama and Pinikura People following the destruction of rock shelters at Juukan Gorge.

Media release issue date: Thursday, 26 August 2021

Rio Tinto will reappear before the Committee to discuss the status of their relationship with the Puutu Kunti Kurrama and Pinikura People following the destruction of the rock shelters at Juukan Gorge. There is also an intention to discuss the legacy of Marandoo. Northern Australia Committee Chair Warren Entsch MP considers that this is an important opportunity for the Committee to see how the recommendations from the interim Juukan Gorge report have been taken up by Rio Tinto. Mr Entsch stated that he ‘seeks to discuss the Marandoo Mine with Rio Tinto and their perceptions of the Marandoo Act considering their reconciliatory approach to the destruction of Juukan Gorge’. The Wintawari Guruma Aboriginal Corporation has made a submission to the Committee regarding the Marandoo Mine and the fact that artefacts were taken away by contractors and later disposed of. The Committee is eager to listen to Rio Tinto’s response to these allegations. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Friday, 27 August 2021 Time: 10:00 am to 11:00am AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Waanyi Native Title Aboriginal Corporation RNTBC will discuss their experience with New Century Resources at a public hearing tomorrow.

Media release issue date: Wednesday, 7 July 2021

The Waanyi Native Title Aboriginal Corporation RNTBC will discuss their experience with  New Century Resources at a public hearing tomorrow. Committee Chair, Warren Entsch MP, noted that it was unfortunate the Committee was unable to visit the Waanyi PBC in person due to COVID-19 restrictions. Mr Entsch noted, however, that ‘the discussion via teleconference will be valuable to this inquiry. We will be interested to hear about the decision-making process that led to the agreement to the Cultural Heritage Management Plan for Magazine Hill..’ The Waanyi Native Title Aboriginal Corporation RNTBC, in their submission, conveyed that the Waanyi People’s final decision to consent to the excavation of Magazine Hill was taken with considerable sadness, but it was an informed decision. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Thursday, 8 July 2021 Time: 10:00 am to 11:00 am AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Minerals Council of Australia will discuss their perspectives on cultural heritage protection and insights into improvements that could be made in the sector with the Northern Australia Committee at a public hearing tomorrow.

Media release issue date: Friday, 2 July 2021

The Minerals Council of Australia will discuss their perspectives on cultural heritage protection  and insights into improvements that could be made in the sector with the Northern Australia Committee at a public hearing tomorrow. As well as this second appearance by the Minerals Council, the Committee will also be hearing from Glencore/McArthur River Mine, Australian Archaeology Association, Australian Indigenous Archaeologists Association, Northern Land Council and Kokatha Aboriginal Corporation Northern Australia Committee Chair Warren Entsch noted that it would be interesting to hear the perspectives of archaeologists working in the area of Indigenous cultural heritage. Mr Entsch stated that he ‘is keen to engage with the Northern Land Council and the Kokatha Aboriginal Corporation in order to discuss their perspectives on issues that have been raised by other stakeholders’. The Australian Archaeology Association, in their submission, conveyed that situations comparable to Juukan Gorge, where Aboriginal sites having cultural significance to Traditional Owners, as well as scientific archaeological significance, are destroyed happen all too often. A key issue for the Australian Indigenous Archaeologist’s Association is the dumbing down of Australia’s National, State and Territory Indigenous heritage legislation since the adoption of the EPBC Act in 1999. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Tuesday, 6 July 2021 Time: 9:00 am to 3:00 pm AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

The Northern Australia Committee will hear from a range of stakeholders to listen to their perspectives on finding the right balance between protecting cultural heritage and allowing industry to operate in Northern Australia.

Media release issue date: Thursday, 17 June 2021

The Northern Australia Committee will hear from a range of stakeholders to listen to their perspectives on finding the right balance between protecting cultural heritage and allowing industry to operate in Northern Australia. Representatives of the North Queensland Land Council, Queensland Resources Council, Quandamooka Yoolooburrabee Aboriginal Corporation, Jack Green, Nurrdalinji Native Title Aboriginal Corporation, Centre for Social Responsibility in Mining and Queensland University will be appearing. The public hearing is part of the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge and will be held by video/teleconference to continue the committee’s investigation of cultural heritage issues in Queensland and in the Northern Territory. A key issue for Quandamooka Yoolooburrabee Aboriginal Corporation is the interaction between the Aboriginal Cultural Heritage Act 2003 (Qld) and the Native Title Act 1993, particularly the rights that should be granted once a Native Title claim is determined. The Queensland Resources Council is determined to strike the right balance between protecting cultural heritage and providing certainty to industry.   Committee Chair Warren Entsch is eager to engage with a broad range of stakeholders in order to ascertain how to protect cultural heritage while also giving certainty to industry. ‘Bringing different stakeholders together to understand their perspectives is the only way to prevent the destruction of heritage’, Mr Entsch said. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Friday, 18 June 2021 Time: 9:00 am to 4:00 pm AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

On Tuesday 8 June, the Northern Australia Committee will hear from representatives of the Cape York Land Council, AECOM, Torres Shire Council and Gur A Baradharaw Kod Torres Strait Sea and Land Council Torres Strait Islander Corporation (GBK).

Media release issue date: Tuesday, 8 June 2021

On Tuesday 8 June, the Northern Australia Committee will hear from representatives of the Cape York Land Council, AECOM, Torres Shire Council and Gur A Baradharaw Kod Torres Strait Sea and Land Council Torres Strait Islander Corporation (GBK). The inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will further examine Aboriginal and Torres Strait Islander heritage legislation in Queensland, with a public hearing by videoconference. The Committee will delve into cultural heritage problems experienced in Queensland by both Aboriginal and Torres Strait Islander peoples. Committee Chair Warren Entsch stated that, ‘Cultural heritage protection is the primary objective of the Committee. By discussing issues with those affected we can ensure that the Committee’s report will include the voices of stakeholders from across Australia.’ A key issue for the Cape York Land Council is that politicians and bureaucrats should not be making decisions relating to heritage protection and management. An important issue for AECOM is that authorised Indigenous parties must be treated as crucial partners by governments and proponents in decision making processes for heritage management. GBK wants land users to recognise and appreciate that the relationship between Aboriginal and Torres Strait People and their environment is one based on balance in harmony with nature and observance of their ancestral customs. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Tuesday, 8 June 2021 Time: 10:00 am to 4:00 pm AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.  

On Tuesday 18 May, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will be examining Aboriginal and Torres Strait Islander heritage legislation in Queensland, with a public hearing by videoconference.

Media release issue date: Monday, 17 May 2021

On Tuesday 18 May, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will be examining Aboriginal and Torres Strait Islander heritage legislation in Queensland, with a public hearing by videoconference. The Committee will be hearing from representatives of the Australian Heritage Specialists and the Cape York Land Council. In their submission to the DATSIP review of Queensland Cultural Heritage Acts the Australian Heritage Specialists comment that the States Aboriginal Cultural Heritage Act should strike a balance between protecting cultural heritage and providing government and businesses achievable, clear-cut, and practical processes. A key concern of the Cape York Land Councils is that Indigenous cultural heritage protection and management decisions associated with development or resource use proposals must no longer be made by politicians or bureaucrats. Northern Australia Committee Chair Warren Entsch is intent on understanding the issues stakeholders are having in their respective states so that the Committee will be able to produce solutions that will relate to the issues States and Territories are having with their Aboriginal Cultural Heritage Legislation. Mr Entsch stated that, ‘The Committee is determined to listen to stakeholders from Queensland to comprehend the specific issues they have with the States Aboriginal and Torres Strait Islander Cultural Heritage Legislation, the Committee will endeavor to address these concerns in our report’   A program for the public hearing is available on the Committee’s website. Public hearing details Date: Tuesday, 18 May 2021 Time: 10:00 am to 12:00 pm AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

Tomorrow, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will be looking at Indigenous heritage protection in the Northern Territory, with a public hearing by videoconference.

Media release issue date: Monday, 1 March 2021

Tomorrow, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will be looking at Indigenous heritage protection in the Northern Territory, with a public hearing by videoconference. Northern Australia Committee Chair Warren Entsch noted that heritage protections in the Northern Territory were some of the strongest in Australia, though this did not always lead to successful outcomes. ‘The Committee is aware of concerns raised by Traditional Owners about the expansion of the McArthur River mine and the threat this poses to sacred waterholes,’ Mr Entsch said. ‘It is important that the protections offered under heritage legislation can’t simply be circumvented by recourse to other laws.’ In its submission, the Aboriginal Areas Protection Authority observed that, ‘the Northern Territory Aboriginal Sacred Sites Act 1989 (NT), which stems from the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (Land Rights Act), presents a model that should be adopted nationally and in all States and Territories. Importantly the Northern Territory framework encompasses the principles of free prior and informed consent.’ The Central Land Council also highlighted the success of the Aboriginal Land Rights Act, but argued that, ‘there is need for other legislation to give Traditional Owners protection on land where free, prior and informed consent to development is not afforded, including on land subject to native title.’ The Central Land Council recommended improvements to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, ‘so that it can be an effective measure of last resort for Indigenous people throughout Australia, and can set minimum standards for State and Territory legislation.’ Other witnesses include archaeologist Ms Karen Martin-Stone, GetUp, the National Environmental Law Association and Australia ICOMOS. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Tuesday, 2 March 2021 Time: 9:00am to 4:00pm AEDT Location: by video/teleconference The hearing will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat jscna@aph.gov.au 02 6277 4162 For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions, and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.

‘Never again can we allow the destruction, the devastation and the vandalism of cultural sites as has occurred with the Juukan Gorge—never again!’

Media release issue date: Wednesday, 9 December 2020

‘Never again can we allow the destruction, the devastation and the vandalism of cultural sites as has occurred with the Juukan Gorge—never again!’ So said Chair of the Parliament’s Northern Australia Committee, Warren Entsch, tabling an interim report of the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge earlier today. The report, simply titled Never Again, highlights the disparity in power between Indigenous peoples and industry in the protection of Indigenous heritage, and the serious failings of legislation designed to protect Indigenous heritage and promote Native Title. Mr Entsch noted that there were a lot of factors that contributed to the destruction of the Juukan Gorge shelters. ‘The PKKP faced a perfect storm, with no support or protection from anywhere,’ Mr Entsch said. ‘They were let down by Rio Tinto, the Western Australian Government, the Australian Government, their own lawyers, and Native Title law.’ ‘In making these recommendations today, the Committee and I want to break that cycle. The neglect of the PKKP people stops here.’ The report makes seven recommendations focusing on improving relations between industry and Aboriginal and Torres Strait Islander peoples and improving the legislative framework protecting Indigenous heritage. Among other things, it urges Rio Tinto to commit to: A moratorium on mining in the Juukan Gorge area Rehabilitation of the Juukan Gorge site A review of all agreements with Traditional Owners A stay of all actions under s.18 of the Aboriginal Heritage Act 1972 A voluntary moratorium on s.18 applications A return of all artefacts to the Puutu Kunti Kurrama and Pinikura peoples Other sections of the mining industry are urged to make similar commitments, while the Western Australian Government is urged to pursue urgent reform of current State laws. The Committee also recommends on urgent review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984, and changes to its application and administration in the meantime. Mr Entsch emphasised that the report is an interim report and that the inquiry would continue. ‘The scale of the inquiry, the sheer volume of evidence that the Committee has received, and continues to receive, and the serious constraints posed by COVID-19, means that the Committee felt unable to do full justice to the inquiry in so short a time’. He said. ‘As a result, the Committee has chosen to table this interim report addressing its findings to date and setting forth recommendations which will be built upon next year.’ A copy of the interim report can be obtained from the Committee’s website or from the secretariat on (02) 6277 4162. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

Tomorrow, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will meet two Western Australian agencies with a key role in the Juukan Gorge tragedy—the Registrar of Aboriginal Sites and the Aboriginal Cultural Material Committee.

Media release issue date: Thursday, 19 November 2020

Tomorrow, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will meet two Western Australian agencies with a key role in the Juukan Gorge tragedy—the Registrar of Aboriginal Sites and the Aboriginal Cultural Material Committee (ACMC). Northern Australia Committee Chair Warren Entsch says that understanding the role of these agencies under the Western Australian Aboriginal Heritage Act is a key part of understanding how Juukan Gorge came about. ‘The Aboriginal Heritage Act has failed to protect Aboriginal Heritage,’ Mr Entsch said. ‘The bureaucracy has played a significant role in this failure and we need to understand why.’ In its submission, the Yinhawangka Aboriginal Corporation stated their concerns about the ACMC: It does seem to me that the discretionary power of the Minister (to direct the ACMC to do anything) that has existed since 1980, the limited resources of the Department and the ACMC, the limited role of Aboriginal people speaking for their country, and the limited role of experts like archaeologists and anthropologists, all act to render the ACMC impotent in the exercise of the functions that the Parliament originally intended them to exercise. In evidence before the Committee, the Yindjibarndi Aboriginal Corporation questioned the integrity of the site registration process. It stated: A total number of 172 important heritage sites have been removed [from Yindjibarndi country], over the past 10 years, from the register of sites held in the department. Without proper reasons, it's not possible to actually work out why they've been removed. In fact, a man called Joe Dortch wrote a paper in which he examined the removal of, I think, 3,000-odd sites from the register for no apparent reason. The Yindjibarndi continued: The Yindjibarndi people have made submissions and archaeologists and anthropologists have made submissions saying just how important a particular site is, but departmental staff, in their wisdom and without ever setting sight on a place, say, 'Oh, no, this is not significant,' and the ACMC, which is understaffed and has no knowledge of country, because they're not Indigenous people from that particular country, basically go on the recommendations of the staff and say this is not a site, when all of the evidence that's put before them shows that it is the site of significance that ought to be protected—172 cases.  Programs for the public hearing are available on the Committee’s website. Public hearing details Date: Friday, 20 November 2020 Time: 12:00pm to 2:30pm AEDT Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

Following its visit to Juukan Gorge, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will meet with superannuation fund HESTA and resources giant Fortescue—two stakeholders who highlight the importance of responsible engagement between the corporate sector and Traditional Owners.

Media release issue date: Monday, 16 November 2020

Following its visit to Juukan Gorge, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will meet with superannuation fund HESTA and resources giant Fortescue—two stakeholders who highlight the importance of responsible engagement between the corporate sector and Traditional Owners. Northern Australia Committee Chair Warren Entsch says corporate Australia can no longer ignore the link between its social licence to operate and responsible engagement with Indigenous Australia. ‘Rio Tinto has paid a high price in reputation for its failure at Juukan Gorge,’ Mr Entsch said. ‘Other resource companies need to take note: governments, investors and the community will no longer tolerate such tragedies.’ In its submission, superannuation fund HESTA emphasised the link between corporate responsibility and investment certainty. HESTA stated: We believe our investee companies should adopt and promote a culture which asks whether companies ‘should’ do something rather than whether they ‘can’ do something. We acknowledge that the law can sometimes lag community expectations and we expect companies to recognise this and make appropriate decisions to safeguard and enhance the value of the company over the long term. Fortescue Metals Group, one of the leading mining companies in the Pilbara, noted that: Aboriginal people have occupied the Pilbara region for at least 50,000 years. The land is replete with evidence of this occupation in the form of tangible and intangible Aboriginal cultural heritage. Fortescue recognises that we are privileged to operate in this environment and we take our legal and ethical responsibilities in this regard extremely seriously. Programs for the public hearing are available on the Committee’s website. Public hearing details Date: Tuesday, 17 November 2020 Time: 2:00pm to 4:00pm AEDT Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

After a COVID-19 delay, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will finally travel to Western Australia next week to see the damage first hand.

Media release issue date: Thursday, 29 October 2020

After a COVID-19 delay, the inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will finally travel to Western Australia next week to see the damage first hand. Northern Australia Committee Chair Warren Entsch says that the visit to Western Australia will be an opportunity for the Committee to experience the fallout from the destruction from the perspective of those affected most directly, the Puutu Kunti Kurrama and the Pinikura peoples. ‘This will be the defining moment of this inquiry,’ Mr Entsch said. ‘We need to see the scale of the devastation and feel the loss of the people to fully understand the significance of what has happened.’ ‘The Committee will have a long yarn session with the PKKP in Karratha on Monday morning before flying to Juukan Gorge on Tuesday to see the sites for ourselves.’ The Committee will also hold a public hearing on Monday afternoon with the owner of Cheela Plains Station (Juukan Gorge was formerly located on the pastoral lease), and representatives of the Murujuga Aboriginal Corporation and the Robe River Kuruma Aboriginal Corporation. In its submission, the Murujuga Aboriginal Corporation highlighted its positive engagement with a range of stakeholders, but also emphasised the constant struggle to protect heritage and the need for ongoing engagement by industry with Traditional Owners. It noted that Western Australia’s Aboriginal Heritage Act had ‘not prevented damage to, or the destruction or removal of, sites or cultural objects’. For instance, during the construction of Woodside’s NW Shelf facilities during the 1980’s, 1,828 pieces of rock art were removed from their cultural context and stored in a fenced compound for some 30 years – these were only returned to places agreed by Traditional Owners in 2014. The operation of the 1972 AHA did not prevent the removal of these objects from their cultural sites, nor the damage that occurred to some during their collection and storage. Programs for the public hearing are available on the Committee’s website. Public hearing details Date: Monday, 2 November 2020 Time: 1:00pm to 3:00pm AWST Location: Leisureplex, Karratha The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will hold three public hearings next week where it will hear from witnesses including the Puutu Kunti Kurrama and Pinikura Aboriginal Corporation (PKKP), Rio Tinto, and the Western Australian (WA) Government.

Media release issue date: Friday, 9 October 2020

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will hold three public hearings next week where it will hear from witnesses including the Puutu Kunti Kurrama and Pinikura Aboriginal Corporation (PKKP), Rio Tinto, and the Western Australian (WA) Government. In its submission, the PKKP Aboriginal Corporation were critical that Rio Tinto had not protected the gorge, despite the PKKP, as well as anthropologists and archaeologists, providing Rio with information on the significance of the Juukan rockshelters. Following their previous appearance at the inquiry, Rio Tinto has provided additional information to the Committee suggesting that it had held discussions with the PKKP prior to the destruction of the rockshelters and that the significance of the site was well understood by both sides at the time contracts were signed. The WA Government has also provided additional information to the inquiry, particularly around features of its draft Aboriginal Cultural Heritage Bill and the role of its proposed Local Aboriginal Heritage Services. Northern Australia Committee Chair Warren Entsch says the upcoming hearings will be a critical juncture in terms of the Committee’s work. “We are looking forward to hearing from the PKKP to get their perspective on how the tragedy unfolded and what impact it has had on their community”, Mr Entsch said. “One of the key objectives of this inquiry is to look at what needs to change to ensure that Indigenous heritage is better protected in the future. Part of that is really digging into what went wrong at Rio and how it allowed this to happen. The other part is about strengthening legislative protection, and so we look forward to hearing what the WA Government is doing to ensure that we never have another situation like the destruction that occurred at the Juukan Gorge”, Mr Entsch added. Public hearing details Date: Monday, 12 October 2020 Time: 12:00pm to 3:00pm AEDT Location: By videoconference/teleconference Date: Tuesday 13 October 2020 Time: 11:00am to 4:00pm AEDT Location: by videoconference/ teleconference Date: Friday 16 October 2020 Time 12:00pm to 3:00pm AEDT Location: by videoconference/teleconference The hearings will be broadcast live at aph.gov.au/live. Programs are available on the Committee’s website. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge, will tomorrow hear from the Law Council of Australia and the Association of Mining and Exploration Companies (AMEC), an eclectic mix of stakeholders with a strong interest in Native Title and Indigenous heritage laws.

Media release issue date: Thursday, 1 October 2020

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will tomorrow hear from the Law Council of Australia and the Association of Mining and Exploration Companies (AMEC), an eclectic mix of stakeholders with a strong interest in Native Title and Indigenous heritage laws. In its submission, the Law Council of Australia highlighted the ‘wide structural disconnect existing across the current legislative framework’, noting that cultural heritage laws ‘have failed to incorporate recognition of the rights of First Nations peoples to land and waters’. The Law Council called for First Nations peoples to have ‘the leading voice in managing their own cultural heritage’. AMEC argued that ‘the cultural heritage laws in Australia could be improved by improving certainty and transparency as well as reducing the costliness of their operation’. It believed that ‘increasing the certainty and transparency of where cultural and historically significant sites are located would improve the decisions made by investors, companies, and the Government’. Northern Australia Committee Chair Warren Entsch says that the evidence received to date by the Committee highlights the need for legislative reform. ‘Protecting Indigenous heritage should be a priority of all governments,’ Mr Entsch said. ‘The best way to achieve certainty for all stakeholders is to ensure adequate legal protections for Indigenous heritage are in place.’ Programs are available on the Committee’s website. Public hearing details Date: Friday, 2 October 2020 Time: 11:00am to 1:00pm AEST Location: By teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

Issues with travel to Western Australia can’t stop the parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge, with the Northern Australia Committee set to virtually go West next week to speak to Western Australian stakeholders.

Media release issue date: Friday, 18 September 2020

Issues with travel to Western Australia can’t stop the parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge, with the Northern Australia Committee set to virtually go West next week to speak to Western Australian stakeholders. Northern Australia Committee Chair Warren Entsch says that despite the closure of the border with Western Australia, the Committee is continuing to take evidence from Western Australian stakeholders. ‘The Committee remains committed to travelling to Western Australia, but in the meantime we will speak to as many people as we can by video and teleconference,’ Mr Entsch said. ‘Monday’s hearing will allow us to speak to a range of people working on the frontline of heritage protection.’ In its submission, the Yinhawangka Aboriginal Corporation highlighted the importance of Indigenous control of Indigenous heritage. ‘Expert voices—Aboriginal people, archaeologists and anthropologists—supported by technical and regulatory infrastructure that befits a first world country, should substantially make these technical decisions’, it said. ‘No single person should have the power, at the stroke of a pen, to destroy sacred places or places that are an important part of the human story.’ Western Australian MLC, Robin Chapple, also emphasised the need to empower Traditional Owners in their dealings with government and industry. ‘Claim wide participation agreements should cease,’ he argued. ‘These contracts, to a large degree, are structured in such a way that many of the signatories and participants to these claim wide contracts had little understanding of the enormity of the unfettered access granted by these agreements to mining corporations, over massive swathes of country.’ Programs are available on the Committee’s website. Public hearing details Date: Monday, 21 September 2020 Time: 10:00pm to 1:00pm AEST Location: By video/teleconference Witnesses include: Mr Cedric Davies (Submission 82) Woodside Energy (Submission 79) Yinhawangka Aboriginal Corporation (Submissions 38 & 44) The Hon Robin Chapple MLC (Submission 65) The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will continue tomorrow with a public hearing featuring BHP.

Media release issue date: Wednesday, 16 September 2020

The parliamentary inquiry into the destruction of Indigenous heritage sites at Juukan Gorge will continue tomorrow with a public hearing featuring BHP. Northern Australia Committee Chair Warren Entsch says while the Juukan Gorge caves were destroyed by Rio Tinto, the protection of Indigenous heritage sites is important for mining companies operating across Australia. ‘The Committee is aware of reports that BHP has put on hold plans to destroy sites sacred to the Banjima people in the Pilbara,’ Mr Entsch said. ‘Tomorrow’s hearing will give us an opportunity to explore how BHP is approaching the issue in the aftermath of Juukan Gorge.’ In addition to BHP, the hearing will bring together significant organisations with differing views, with the Kimberley Land Council and Western Australia’s Chamber of Minerals and Energy scheduled to provide evidence. ‘The destruction at Juukan Gorge has highlighted the fact that, despite the best of intentions, Indigenous heritage areas lack adequate protection,’ Mr Entsch said. ‘We must ensure that state and federal law provide effective protection to Indigenous culture and heritage sites.’ The Kimberley Land Council is critical of the right to negotiate provisions of the Native Title Act, arguing that ‘the operation of the right to negotiate provision effects a form of legislative force or coercion on native title parties’ and that ‘any inquiry into the adequacy of heritage protection laws should take into account the interaction between these laws and the NTA, in particular the future act provisions’. The Chamber of Minerals and Energy Western Australia argues that an ‘increase in Federal oversight on Aboriginal Cultural heritage will only serve to damage the agency of Traditional Owners to make decisions on the management of their country’. It recommends that State legislation retains primacy on regulation of cultural heritage, without introduction of duplication at a Federal level. Programs are available on the Committee’s website. Public hearing details Date: Thursday, 17 September 2020 Time: 1:00pm to 4:00pm AEST Location: By video/teleconference The hearings will be broadcast live at aph.gov.au/live Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

The Northern Australia Committee has welcomed news of the resignations of senior Rio Tinto executives in the wake of the destruction of Indigenous heritage sites at Juukan Gorge.

Media release issue date: Friday, 11 September 2020

The Northern Australia Committee has welcomed news of the resignations of senior Rio Tinto executives in the wake of the destruction of Indigenous heritage sites at Juukan Gorge. Committee Chair, Warren Entsch, observed that the need for high level accountability for the Juukan Gorge incident had become obvious to all interested stakeholders. ‘The evidence received by the Committee has made clear that the internal culture at Rio Tinto was a significant factor in the destruction of these sites,’ Mr Entsch said. ‘New leadership, new structures and new operating principles within the company are essential to preventing such catastrophes in the future.’ The Committee welcomed the commitment made by Rio Tinto Chairman Simon Thompson, to ensuring that ‘the destruction of a heritage site of such exceptional archaeological and cultural significance never occurs again at a Rio Tinto operation’. Mr Entsch expressed the hope that similar commitments would be forthcoming from other mining companies. The Committee also expressed a desire to meet at the earliest opportunity with the outgoing executives to further discuss Rio Tinto’s previous evidence to the inquiry and explore the implications of the announced changes at the company. Earlier this week, the Committee announced the inquiry into the destruction of the Juukan Gorge sites will continue, despite having to postpone its planned visit to Western Australia because of difficulties associated with interstate travel. Further details of the inquiry can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

Despite having to postpone its planned visit to Western Australia because of difficulties associated with interstate travel and the Western Australian Government’s recent changes to its quarantine directions, the Northern Australia Committee remains determined to pursue its inquiry into the destruction of Indigenous heritage sites at Juukan Gorge.

Media release issue date: Thursday, 10 September 2020

Despite having to postpone its planned visit to Western Australia because of difficulties associated with interstate travel and the Western Australian Government’s recent changes to its quarantine directions, the Northern Australia Committee remains determined to pursue its inquiry into the destruction of Indigenous heritage sites at Juukan Gorge. The Committee will soon commence a new series of remote access public hearings involving a cross section of stakeholders. Committee Chair, Warren Entsch, assured all stakeholders of the Committee’s resolve to visit Western Australia at the earliest possible date. ‘It is vital for the Committee to see the destruction first hand and share the experience—and the consequences—of this policy failure with the Traditional Owners,’ Mr Entsch said. ‘It is vital that we hear directly from those most affected, the Traditional Owners of this country, and that can only be done in a meaningful way on country.’ In the meantime, the Committee has urged all stakeholders to be aware of the potential consequences of proceeding with actions that could cause irreversible damage to heritage sites. ‘No government and no company wants another Juukan Gorge on its conscience,’ Mr Entsch said. ‘If nothing else, the ongoing damage to Rio Tinto’s reputation should give pause for thought for all concerned.’ Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

As part of a Federal Parliament inquiry into the destruction of the Indigenous heritage sites at Juukan Gorge the Northern Australia Committee is tomorrow holding a public hearing by teleconference with key stakeholders including Rio Tinto, the Australian Government and the Government of Western Australia.

Media release issue date: Thursday, 6 August 2020

As part of a Federal Parliament inquiry into the destruction of the Indigenous heritage sites at Juukan Gorge the Northern Australia Committee is tomorrow holding a public hearing by teleconference with key stakeholders including Rio Tinto, the Australian Government and the Government of Western Australia. Committee Chair, Warren Entsch, said that it was important to find out what happened at Juukan Gorge and find ways to prevent such incidents occurring again. ‘We will be holding extensive consultations with Indigenous stakeholders during the course of the inquiry, and expect to visit the affected sites. To open the inquiry, however, we will be talking to the government and industry stakeholders most concerned with what happened at Juukan Gorge,’ Mr Entsch said. In its submission, Rio Tinto acknowledged that ‘the destruction of the Juukan rockshelters should not have occurred’. Looking at the need for legislative change, it observed that: In considering possible changes that should be made to legislative frameworks, contractual agreements and new standards and ways of working, there is a critical and ongoing balance to be struck. On the one hand, it is essential to find more effective and flexible means to escalate and manage concerns regarding the preservation of the unique cultural heritage of Indigenous Australians. On the other, there needs to be a clear and predictable framework to enable long-term investment in, and the efficient operation of, mining projects that contribute so significantly to Australia. In meeting that challenge, governments, as well as the mining industry, Traditional Owners and the wider community all have a vital contribution to make. The Government of Western Australia stated that ‘the recent destruction of the rock shelters in the Juukan Gorge of the Pilbara region is devastating for all parties involved and was clearly avoidable’. Its submission focussed on the shortcomings of the current Aboriginal Heritage Act 1972 (WA) and the proposed reforms to that Act currently being developed. It noted that: ‘In order to achieve protection, conservation and management of Aboriginal cultural heritage in Western Australia, and to provide a clear framework that enables land users to manage Aboriginal heritage, a fundamental shift away from the current Act is required.’ Programs are available on the Committee’s website. Public hearing details Date: Friday, 7 August 2020 Time: 9:00am to 2:00pm AEDT Location: By teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media inquiries Warren Entsch MP warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

The Northern Australia Committee has commenced an inquiry into the destruction of the Indigenous heritage sites at Juukan Gorge.

Media release issue date: Thursday, 18 June 2020

The Northern Australia Committee has commenced an inquiry into the destruction of the Indigenous heritage sites at Juukan Gorge. The inquiry will examine how the destruction of the caves came about; the processes that failed to protect the site; the impacts on Traditional Owners; and the legislative changes required to prevent such incidents from recurring. Committee Chair, Warren Entsch, said that it was inconceivable that such a valuable heritage site could be destroyed in complete accordance with the law and without any means for Traditional Owners or their representatives to effectively intervene. ‘The Committee wants to find out how this was allowed to happen and how we will prevent such occurrences in the future. The States and Territories and the Commonwealth have an absolute obligation to preserve our Indigenous heritage for the benefit of all Australians’, Mr Entsch said. The Committee welcomes submissions from all interested parties. The deadline for submissions is 31 July 2020. The Committee is due to report on 30 September 2020. The detailed Terms of Reference can be found on the Committee’s website. Media inquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 02 6277 4803 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au

On Tuesday 29 June the Northern Australia Committee will be hearing from stakeholders in South Australia and Queensland – the Global Water Institute, the Queensland Government, the Nuga Nuga Aboriginal Corporation, David Noonan, the Arabana Aboriginal Corporation and Messrs Andrew and Robert Starkey.

Media release issue date: Monday, 1 January 0001

On Tuesday 29 June the Northern Australia Committee will be hearing from stakeholders in South Australia and Queensland – the Global Water Institute, the Queensland Government, the Nuga Nuga Aboriginal Corporation, David Noonan, the Arabana Aboriginal Corporation and Messrs  Andrew and Robert Starkey. Northern Australia Committee Chair Warren Entsch noted that the evidence gathering phase of the inquiry is drawing to a close. ‘Tomorrow we will hear from stakeholders in South Australia about the unique problems they face in protecting heritage across the vast plains of that State’s north. With that, we will have spoken to people in every jurisdiction across Australia,’ he said. The mound springs which are of great significance to the Arabana people are at serious risk. The Arabana Aboriginal Corporation is concerned that the springs are disappearing due to the water use at BHP’s Roxby Downs Mine, which relies on the same water source as the springs. Messrs Andrew and Robert Starkey, of the Kokatha people, have experienced significant destruction of heritage due to a Hill to Hill Transmission Line Easement which passed through a series of culturally significant sites. They are keen to share with the Committee what has happened to their country. Nuga Nuga Aboriginal Corporation have experienced significant issues with the ‘Last Claim Standing’ of the Queensland Act due to its impact on their ability to speak for country. Despite a judicial decision in their favour the Queensland Government decided to formerly legislate the provision; to the Corporation’s dismay. A program for the public hearing is available on the Committee’s website. Public hearing details Date: Tuesday, 29 June 2021 Time: 10:00 am to 4:00 pm AEST Location: by video/teleconference The hearings will be broadcast live at aph.gov.au/live. Further details of the inquiry, including terms of reference, can be found on the Committee’s website. Media enquiries Hon Warren Entsch MP, Chair of the Joint Standing Committee on Northern Australia warren.entsch.mp@aph.gov.au 07 4051 2220 For background information Committee Secretariat 02 6277 4162 jscna@aph.gov.au For more information about this Committee, you can visit its website. On the site, you can make a submission to an inquiry, read other submissions and get details for upcoming public hearings. You can also track the Committee and receive email updates by clicking on the blue ‘Track Committee’ button in the bottom right hand corner of the page.