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.
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
Traditional owners of the site of the Adani / Bravus mine launched legal action claiming the company is breaching their human rights by failing to prevent contamination of wetlands
The Restoring Our Rivers Bill was amended to strengthen funding and consultation rights for affected First Nations Basin communities (see Inland Waters).
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.
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