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.
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.
ANZ has rejected a complaint from Tiwi Islanders that its funding of the Barossa project breached the bank’s human rights policy
A Senate inquiry is considering the Protecting the Spirit of Sea Country Bill 2023, which seeks to ensure First Nations people are consulted regarding proposed offshore energy projects
The Federal government nominated Murujuga Cultural Landscape, Cape York, the West Kimberley and the Flinders Rangers for inclusion in the World Heritage List and committed $5.5M for First Nations communities to lead future world heritage bids. The assessment of the Murujuga nomination has been delayed because the government failed to provide all relevant data initially. The updated nomination has now been accepted for assessment at the 2025 meeting.
What’s coming up?
Throughout 2024-5 – targeted EPBC reform consultation (see Land & Biodiversity), including First Nations consultation standards
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
Attend Protecting Sea Country inquiry hearings (online or in person) to hear from First Nations witnesses
Consider setting procurement targets for First Nations businesses for any organisations you are involved with
