The destruction of Juukan Gorge highlighted the weakness of current legal protections for First Nations cultural heritage. The ongoing exploitation of country for fossil fuel projects, despite the opposition of Traditional Owners, also highlights the inadequacy of consultation rules and the absence of “free prior and informed consent” obligations.
Positively, there has been an expansion of Indigenous Protected Areas and support for indigenous rangers, growing integration of indigenous land management practices likes burning regimes, and some effective co-management arrangements for sea country within the Great Barrier Reef.
A review of federal cultural heritage laws is underway, but no clear commitments have been made. Cultural heritage laws will need to be developed by and for First Nations communities to ensure they are fit for purpose, and adequately recognise and protect cultural landscapes, songlines and intangible heritage.
What’s been happening?
The Yoorrook Justice Commission has released its final report, Truth be Told. The report details the experiences of Victoria’s First Peoples and sets out a clear and targeted roadmap for reform, including progress on water rights, embedding free prior and informed consent in all land management decisions, developing a First Peoples’ Climate Justice Strategy, and establishing a Self Determination Fund from revenue generated from using natural resources.
South Australia’s landmark new Biodiversity Act extends protection to culturally significant biodiversity and establishes an Aboriginal Biodiversity Committee to co-design conservation policies
The NT government has passed laws amending the Sacred Sites Act, despite criticism from the Northern Land Council that the changes ignore traditional owners and prioritise development over cultural heritage
The High Court made a landmark judgement in Commonwealth vs Yunupingu, finding the Gumatj Clan of the Yolngu People in North-East Arnhem Land was eligible for compensation from the Commonwealth for land acquired for bauxite mining in the Gove Peninsula
A Senate inquiry considering the Protecting the Spirit of Sea Country Bill 2023 lapsed when the Federal election was called. The inquiry may be re-established in 2025, however the Bill’s proponent – Senator Dorinda Cox – is now a government Senator and may not re-introduce her private members’ Bill.
The Murray Darling Lower Rivers Indigenous Nations challenged the validity of the NSW Fractured Rock Water Management Plan, claiming the Federal Minister had not properly read the plan and had failed to adequately consult affected First Nations water owners. In February 2025, the Minister conceded she had not read the plan in full. The court is yet to determine the grounds on adequate consultation.
The latest Great Barrier Reef Scientific Consensus Statement confirms that land management practices in Reef catchments continue to degrade water quality and exacerbate climate impacts. The statement calls for more investment in research and monitoring, and collaborating with First Nations owners and farmers on locally-effective solutions
The NT government declined to extend ERA’s lease over the Jabiluka mine area, and the Federal government announced the area will be included in the Kakadu National Park, preventing future uranium mining, after a decades long campaign by the Mirarr people. ERA has sought a review of the decision not to extend its lease.
Use your membership or shareholder voice to raise issues with organisations regarding First Nations engagement, representation on Board and at events, and impacts on company operations
Consider setting procurement targets for First Nations businesses for any organisations you are involved with
