Rio Tinto has sought to reassure Traditional Owners it was committed to preserving First Nations cultural heritage as the Western Australian government grappled with repealing its contentious and divisive new legislation on the issue.
The Perth-based mining titan's destruction of 46,000-year-old rock shelters at Juukan Gorge in the Pilbara region in 2020 exposed deficiencies in WA's existing 1972 Aboriginal Cultural Heritage Act, which were replaced by a divisive and complex new Act last month that WA Premier Roger Cook repealed on Tuesday after widespread backlash from stakeholders.
While amendments were being made to the 50-year-old laws over the weekend to ensure another like Juukan Gorge did not occur, the miner at the centre of the controversy was assuring Traditional Owners in regions it operates it would do everything to preserve First Nations cultural heritage irrespective of where the government landed on the legislations.
In a letter to Traditional Owners exclusively seen by the National Indigenous Times, Rio Tinto reaffirmed its promise to preserve and protect Aboriginal culture and heritage.
"Whatever direction the WA government takes, we are committed managing and protecting the cultural heritage of the lands on which we operate in close partnership with you," the company's health, safety, environment and communities vice president in iron ore, Cecile Thaxter, wrote.
"We will continue to engage with the WA Government to understand their perspective and advocate for a solution for the increased protection of Aboriginal cultural heritage.
"Irrespective of the outcome, we want to assure you of Rio Tinto's ongoing commitment to protecting cultural heritage.
"Rio Tinto believes that mutual respect, co-management arrangements, transparency, accountability, and strong relationships are essential to inform how we operate in your Country.
"We understand that there are commitments that need to be in place to enable this, including:
- A clear and agreed framework for working together to plan and execute mining operations, including participating in relevant State approvals processes.
- Clarity on what places and areas of land should be protected and how.
- Agreement on appropriate resourcing within your corporation to support co-management.
- We remain committed to ensuring these enablers are agreed and in place."
The mining giant last November announced the creation of the Juukan Gorge Legacy Foundation after signing a remedy agreement with the traditional owners of the sacred site destroyed, the Puutu Kunti Kurrama and Pinikura Aboriginal Corporation (PKKP).
That agreement involves Rio providing financial support to the foundation to progress cultural and social projects, including a "new keeping place for storage of important cultural materials".
"We fell far short of our values as a company and breached the trust placed in us by the PKKP people by allowing the destruction of the Juukan Gorge rock shelters," Rio Tinto CEO Jakob Stausholm said at the time.
"As we work hard to rebuild our relationship, I would like to thank the PKKP people, their Elders, and the Corporation for their guidance and leadership in forming this important agreement."
The PKKP on Tuesday said the WA government's decision to revert to amended laws from 1972 showed First Nations people and Indigenous culture weren't a priority and was among the worst outcomes for Aboriginal cultural heritage protection in Australia.
"The PKKP are outraged that they, and Traditional Owners in WA, are back to square one, and the Cook Government is reverting to laws that allowed to destruction of Juukan Gorge," PKKP land and heritage manager Jordan Ralph said.
"The safeguards that were supposed to be provided by the 2021 legislation have now been taken away and we will revert back to an outdated definition of Aboriginal cultural heritage and an approvals process that benefits industry over our Country."
WA Premier Roger Cook said on Wednesday many First Nations community members had thanked him for the decision to repeal the controversial laws.
"Many of them found the Act difficult to work with and didn't like the division that came with the public debate," he said.
"I understand that there's disappointment within the PKKP - they were the most heavily impacted by the Juukan Gorge scenario.
Mr Cook said the government would continue to work with Indigenous groups on the amendments to the heritage laws, which are set to be reinstated in Parliament.