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Date
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Action
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2003
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Initial engagement between Rio Tinto and PKKP on future operations on PKKP traditional lands
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Mid-2003
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Initial archaeological survey by Gavin Jackson and Rachael Fry). Subsequent report assesses Juukan 1 and Juukan 2 as each having a “moderate to high degree of archaeological significance”.
Initial ethnographic survey report (by Robin Stevens of the Pilbara Native Title Service (PNTS) and commissioned by Rio Tinto) notes the presence of the Juukan 1 and Juukan 2 rock shelters on the Brockman mining lease.
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28 June 2006
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Rio Tinto and PKKP enter the Binding Initial Agreement (BIA).
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1 May 2008
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Section 16 permit (Permit 430) granted for collection of Aboriginal cultural material, test-pitting and excavation for purposes of archaeological investigation at Juukan 1 and Juukan 2 (among other sites).
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July-October 2008
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Scarp Archaeology, retained by Rio Tinto, conducts excavations in July and August at Juukan 1 and Juukan 2 with PKKP representatives and Rio Tinto representatives pursuant to Permit 430.
Findings recorded in the Scarp Archaeology “Brockman 4 site re-recording and s16 excavation program” Report, October 2008 include that the Juukan sites range from at least 22,000 to 32,000 years in age and are assessed as being of “high archaeological significance”.
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November-December 2008
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Rio Tinto commissioned Roina Williams of the PNTS to conduct an ethnographic survey, together with PKKP representatives. The “Pilbara Native Title Service Ethnographic Site Identification Survey of Brockman 4 Mine Area” Report prepared by Ms Williams notes the Juukan complex “is considered to be of high ethnographic significance to the PKKP”. This report referred to the Juukan complex as encompassing Juukan 1 to Juukan 5, with the Purlykuti Creek located at the base of this complex.
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2010
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Production commences at Brockman 4 Mine.
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18 March 2011
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The Regional Framework Deed and Participation Agreement are executed.
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March 2012
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Rio Tinto commences consideration of detailed pit designs for Brockman 4 Pit 1.
Rio Tinto Heritage team contacted by Rio Tinto Technical Services team on design for Pit 1. At the Heritage team's request, the Technical Service team develop different pit design options to provide different buffer areas around Juukan 1 and Juukan 2.
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October 2012
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A memorandum with various pit design options is produced. The memorandum set out four options for the design of Pit 1, with three options avoiding Juukan 1 and Juukan 2 by varying degrees, and one option impacting the sites.
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28 Mar 2013
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Local Implementation Committee (LIC) meeting: Rio Tinto shares with the PKKP the potential for a section 18 notice over Juukan 1 and Juukan 2, amongst other sites. The different pit design options that had been discussed internally were not shared with the PKKP.
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June-July 2013
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Ethnographic survey by Dr Heather Builth with PKKP elders and Rio Tinto heritage personnel. Dr Builth prepares a preliminary report following the survey and recommends excavation of Juukan 1 and Juukan 2. No comment on the ethnographic significance of the rockshelters specifically but notes that the “Purlykuti creek with its adjacent large artefact scatter of Brock 25 and nearby rockshelters, Brock 20-24 [Juukan 1-5], is of high significance to Puutu Kunti Kurrama, in the old days and still today.”
This report identifies previously unrecorded cultural sites in the vicinity and states that the PKKP had requested further surveys take place in order to consider these areas.
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16 July 2013
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LIC meeting: Presentation by Rio Tinto to the PKKP of upcoming section 18 notice over sites including Juukan 1 and Juukan 2. Notes age of Juukan 1 as at least 32,000 years old and Juukan 2 as at least 22,000 years old. Maps of the sites shown together with the pit design.
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3 October 2013
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Rio Tinto provides a draft section 18 notice for Juukan 1 and Juukan 2 (amongst others) to the Yamatji Marlpa Aboriginal Corporation (YMAC) for comment. At that time, YMAC was the body representing the PKKP, including in relation to cultural heritage matters.
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17 October 2013
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Rio Tinto submits the section 18 notice to disturb Juukan 1 and Juukan 2 (Section 18 Notice).
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26 November 2013
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LIC meeting – update provided to the PKKP that the Section 18 Notice had been submitted.
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31 December 2013
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Section 18 Consent granted to disturb Juukan 1 and Juukan 2 for purpose of development of Brockman 4 Mine Pit 1 (Section 18 Consent).
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26 May-5 June 2014
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Dr Michael Slack of Scarp Archaeology conducts first salvage excavation trip at Juukan 2 with participation from PKKP representatives.
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June 2014
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Dr Slack provides Rio Tinto a report entitled “Preliminary Advice of Archaeological Site Salvage Excavations at Brockman 4, Pilbara, Western Australia”, which includes results from the first salvage excavation trip, conducted in May/June 2014.
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1-12 July 2014
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Dr Slack conducts second salvage excavation trip at Juukan 1 and Juukan 2 with participation from PKKP representatives.
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14 July 2014
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LIC meeting: Rio Tinto reported that following a salvage excavation trip between 26 May 2014 and 5 June 2014, radiocarbon testing had been performed at Juukan 2 and came back at 43,000 years.
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August 2014
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Dr Slack provides Rio Tinto a report entitled “Preliminary Advice of Archaeological Site Salvage Excavations at Brockman 4, Pilbara, Western Australia”, which includes results from the second salvage excavation trip, conducted in July 2014. States that Juukan 2 is “one of the most archeologically significant sites in Australia”.
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5-14 August
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Dr Slack performs third salvage excavation field trip at Juukan 1 and Juukan 2, with participation of PKKP representatives and Rio Tinto heritage personnel. A latex peel of one of the walls of the excavation pit is taken.
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September 2014
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Dr Slack provides Rio Tinto a report entitled “Preliminary Advice of Archaeological Site Salvage Excavations at Brockman 4, Pilbara, Western Australia”, which includes results from the third salvage excavation trip, conducted in August 2014.
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September 2014
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Email request from Rio Tinto Heritage team to the Rio Tinto Heritage Compliance team to change the status of Juukan 1 and Juukan 2 sites in “MapInfo” (GIS) database following Section 18 Consent and completion of salvage works, thereby removing the “buffer zone” identifying the sites on the operational mine information management system.
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May 2015
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Documentary funded by Rio Tinto, organised by YMAC and filmed with PKKP participation records the Purlykuti Creek area. Includes references to Juukan 1 and Juukan 2 rockshelters.
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27 May 2016
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Archaeological latex peel display of excavated wall from Juukan 2 installed at Brockman 4 administration building.
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1 July 2016
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LIC meeting: discussion between Rio Tinto and PKKP of artefacts salvaged from Juukan 1 and Juukan 2 sites.
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16 November 2017
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First draft of Cultural Heritage Management Plan for Brockman 4 (PKKP country) provided to PKKP. States Juukan 1 and Juukan 2 are covered by section 18 consent.
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31 Dec 2018
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Scarp Archaeology Final Report (Scarp 2018 Report) completed and submitted to Rio Tinto. Copy provided to PKKP and YMAC in January 2019. Confirms that Juukan 2 is of “the highest archaeological significance in Australia”.
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21-22 May 2019
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LIC meeting is held, attended by representatives of PKKP and Rio Tinto. No discussion of Juukan 1, Juukan 2 or blasting plans.
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1 July 2019
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PKKP Aboriginal Corporation (PKKPAC) replaces YMAC as the “Heritage Body” with heritage management functions acting on behalf of PKKP under the PA.
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28-28 October 2019
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LIC meeting, attended by representatives of the PKKP, PKKPAC and Rio Tinto. Dr Builth (now PKKPAC Cultural Heritage Adviser) queries impact of mine plan on Juukan Gorge with Brad Webb (Manager of Mine Operations Brockman 4). No indication that either party followed up on this query.
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24-28 February 2020
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PKKP representatives, Rio Tinto personnel and PKKPAC anthropologist Daniel Bruckner undertake survey activities in the vicinity of Purlykuti Creek and Juukan Gorge for the purpose of a Social Surroundings consultation, part of the works necessary to seek Part IV approval under Environmental Protection Act 1986 (WA) (EP Act) for the expansion of the Brockman 4 Mine.
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12 March 2020
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LIC meeting (scheduled for April 2020) cancelled due to COVID-19.
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20 March 2020
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Draft Social Surroundings Preliminary Advice received from Daniel Bruckner identifying “Purlykuti Creek and the tributary Gorge featuring Juukan 1 and Juukan 2 rock shelters” as of high significance to PKKP.
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20 April 2020
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Final Social Surroundings Preliminary Advice issued from Daniel Bruckner to Rio Tinto and Dr Builth. Purlykuti Creek and the tributary Gorge featuring Juukan 1 and Juukan 2 remained as areas of high significance to the PKKP.
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22 April 2020
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Escalation by the Rio Tinto Heritage officer to managers of potential operational implications of the findings regarding areas including Purlykuti Creek, Juukan 1 and Juukan 2 in the Social Surroundings report.
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29 April 2020
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Rio Tinto emails PKKPAC summarising a discussion earlier that day. Stated that there was information about the Juukan tributary (associated with Purlykuti) that had not been included in reports previously. Requested that PKKPAC confirm this information was accurate.
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3-12 April 2020
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Rio Tinto drills in preparation for blasting in the vicinity of Juukan 1 and Juukan 2.
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6 May 2020
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PKKPAC emails Rio Tinto with a revised draft implementation plan for various initiatives involving the PKKP, PKKPAC and Rio Tinto over the 2020 calendar year, including a proposed site visit to “Celebrate Juukan 47,000 year old rock shelter with traditional owners with a site visit (s18 approved area) we would like to visit whilst we can.”
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13-19 May 2020
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Rio Tinto charges drill holes in the vicinity of Juukan 1 and Juukan 2.
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14 May 2020
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Rio Tinto Heritage team members meet with Dr Builth for regular discussion. Dr Builth requests permission for PKKP members to visit Juukan rock shelter sites for NAIDOC week in July 2020.
Internal Rio Tinto email from Heritage team to Technical Services asks for confirmation of whether the rockshelters were physically intact.
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15 May 2020
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Response received from Mine Planning that the area had been loaded and was due to be blasted on Sunday 17 May 2020.
Technical Services agrees to delay blast to 20 May 2020.
PKKPAC informed that the area directly to the north of Juukan 1 and Juukan 2 rock shelters was due to be blasted on 17 May and that the Heritage team had requested the blast be delayed.
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18 May 2020
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Email received by Rio Tinto from Dr Builth on behalf of the PKKP giving notice “that the Corporation regards the Juukan Gorge and all its features in the highest possible regard due to its extreme cultural and scientific significance to us” and stating the PKKP were only made aware on the previous Friday (15 May 2020) that “the high level of significance of this place has not been communicated to a sufficient level or formalised by the former PKKP AC representative heritage body with action to ensure its protection.” Attached to the email was a report referring to certain cultural sites previously referred to in the Builth 2013 Report (see above).
PKKP request escalated within the business to various members of the Rio Tinto Iron Ore Senior Leadership Team (SLT), and a meeting of Rio Tinto personnel is held in the evening.
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19 May 2020
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Further discussions and communications with PKKPAC. At this stage the blast is planned for Wednesday 20 May.
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20 May 2020
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Comments from PKKPAC blasting expert received. Rio Tinto engaged separate blasting expert to provide advice.
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21 May 2020
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Meeting of SLT and others agreed to await Rio Tinto's independent technical blast advice. Advice received in the evening from technical expert that it was unsafe to unload the whole blast.
J-S Jacques, Chief Executive Officer, first made aware of potential issue with the blasting of Juukan 1 and Juukan 2 rockshelters.
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22 May 2020
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Morning-Rio Tinto and PKKPAC independent experts agree it is not safe to unload whole blast so will have to proceed with blast.
Afternoon-SLT meeting to review the recommendation and confirm the decision to blast, but authorise action to try to preserve additional cultural sites on the periphery of the blast zone.
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23 May 2020
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Suction truck removes seven loaded holes prior to the blast to minimise impact on the additional cultural sites.
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24 May 2020
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J-S Jacques first made aware of the exceptional archaeological and cultural significance of the Juukan rockshelters.
The blast detonated. Juukan 1 and Juukan 2 severely impacted.
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Date
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Event
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28 October 2019
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LIC committee members visit Purlykuti cultural sites and Juukan Gorge and reiterate the archaeological and cultural significance of the rockshelters.
Rio Tinto confirm no plans to mine Juukan Gorge.
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24 and 28 February 2020
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PKKPAC Culture and Heritage Unit participate in helicopter surveys of Rio Tinto’s Brockman Syncline tenements to identify sites important to the PKKP.
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4 March 2020
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PKKPAC request a site visit to the Juukan Gorge as part of NAIDOC week.
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13 March 2020
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Dr Builth advises Rio Tinto that PKKPAC intend to seek to protect Juukan Gorge pursuant to the EP Act. Rio Tinto encourage Dr Builth to nominate the places most important to PKKP.
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20 March 2020
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PKKP email Rio Tinto Anthropologist Daniel Bruckner’s draft social surroundings preliminary advice, identifying Purlykuti and Juukan 1 and Juukan 2 as of high significance to PKKP.
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20 April 2020
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Daniel Bruckner issues final social surroundings preliminary advice to Rio Tinto, again identifying Purlykuti and Juukan 1 and Juukan 2 as of high significance to PKKP, and recommending further consultation, recording and mapping.
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29 April 2020
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Dr Builth advises Rio Tinto that she has additional sensitive ethnographic evidence concerning the Juukan rockshelters that had not been included in previous reports.
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29 April 2020
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Rio Tinto confirm by email Dr Builth’s advice that she has additional ethnographic evidence concerning the Juukan rockshelters that had not been included in previous reports.
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13 May 2020
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Rio Tinto loads 226 blast holes at the site (RS 209).
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14 May 2020
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PKKPAC makes second request to visit the Juukan Gorge as part of NAIDOC week and reminds Rio Tinto of the existence of additional ethnographic evidence concerning the Juukan rockshelters.
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15 May 2020
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Rio Tinto advises PKKP that blasting is scheduled to take place on 17 May 2020. A request to hold the blast has been made but ‘the holes have been drilled and the shot placed’ (RS 216 and 217).
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15 May 2020 (late afternoon)
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Rio Tinto re-schedules the blast to Wednesday 20 May 2020 (RS 216 and 224).
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16 May 2020
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Rio Tinto loads a further 62 blast holes at the site but does not inform PKKP (RS 209).
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17 May 2020
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Rio Tinto asks PKKP to provide the foreshadowed additional sensitive ethnographic information concerning Juukan Gorge so that it can consider whether to call off the blast.
Rio Tinto loads a further 72 blast holes at the site but does not inform PKKP.
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18 May 2020
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PKKPAC emails Rio Tinto reiterating the significance of the Juukan Gorge area and provides additional ethnographic information, as requested.
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19 May 2020
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PKKPAC instructs its solicitors.
Rio Tinto loads a further 22 blast holes at the site but does not inform PKKP (RS 209).
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19 May 2020 (midday)
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PKKPAC requests suspension of the blast for at least a further 48 hours to allow PKKP to review its options.
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19 May 2020 (afternoon)
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Rio Tinto denies PKKPAC’s request and the deadline of 1pm on Wednesday 20 May 2020 is confirmed (RS 226).
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19 May 2020 (evening)
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PKKP repeats request for an extension of time, foreshadows section 9 Application and engagement of independent expert.
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19 May 2020
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Rio Tinto identifies that it does not have a section 18 consent over three additional heritage sites, but does not inform PKKPAC (RS 228).
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20 May 2020
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The solicitors for PKKP, Johnston Withers, make enquiries regarding seeking an emergency declaration pursuant to section 9 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).
PKKP engage an independent mining safety expert to advise on possible options blast to save the ancient rockshelters.
PKKP's expert seeks further information from Rio Tinto before providing PKKP with its concluded views.
PKKP follows up Rio Tinto re PKKP’s expert’s request for further information.
Rio Tinto agrees to defer the blast for 48 hours until Friday 22 May 2020 but does not tell PKKP about the three additional heritage sites without Section 18 Consent.
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21 May 2020
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PKKP follow up Rio Tinto re PKKP’s expert’s request for further information.
With no response from Rio Tinto, PKKP send a further urgent email to Rio Tinto requesting urgent advice on whether it was safe to remove the charges as a matter of urgency.
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21 May 2020 (morning)
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Rio Tinto engages an independent blast consultant to advise it on mitigation of the effect of blast on the three additional heritage sites without s 18 approval. PKKP is not informed (RS 235).
Rio Tinto’s minutes of a meeting held at 10:30am on 21 May 2020 record that ‘no preventable action was possible’ to save the rockshelters and that solicitors are briefed to prepare for any injunction brought by PKKP to stop the blast.
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21 May 2020 (afternoon)
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Rio Tinto’s independent blast consultant advises Rio Tinto on potential mitigation options to minimise the impact of the blast on the three additional heritage sites. PKKP is not informed of this.
Rio Tinto delay blast to Saturday 23 May 2020 (RS 234). PKKP is not informed of the reason.
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21 May 2020 (evening)
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Rio Tinto asks its blast consultant to provide further advice in relation to unloading the entire blast site (RS 239).
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22 May 2020
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Rio Tinto says it concludes it is not feasible to remove the shot from the holes to protect Juukan 1 and Juukan 2 but that steps should be explored to unload the shot to protect the additional three heritage sites (RS 241, 242 and 243).
Rio Tinto provides PKKP’s expert with the answers to his requests and advises that the blast cannot be unloaded due to the unacceptable safety risk.
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23 May 2020
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Rio Tinto unloaded seven of the blast holes to mitigate the loss of the three additional heritage places (RS 244).
PKKPAC was not informed.
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23 May 2020 (morning)
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PKKPAC representatives and PKKPAC’s C & H Manager met with Rio Tinto and were advised that work was being done to minimise the impact of the blast on the rockshelters.
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24 May 2020
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Rio fires the blast and destroys the rockshelters at Juukan 1 and Juukan 2.
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