Latest News

All the latest news from Energy & Resources Law


ARELJ Article- In the Shadow of Juukan Gorge: The Parliamentary Inquiry and the Progress of Indigenous Cultural Heritage Legislative Reform

Dr Matthew Storey
Adjunct Professor, Thomas More Law School, ACU; Honorary Senior Fellow, Melbourne Law School, University of Melbourne; University Fellow, Charles Darwin University: Legal Principal, Storey & Ward Lawyers. 
Since May 2022 Storey & Ward has been retained by the National Native Title Council to support the work of the First Nations Heritage Protection Alliance as described in this article.

This article considers two of the consequences that flowed from the destruction of Aboriginal cultural heritage at Juukan Gorge by Rio Tinto. First, the Parliamentary Inquiry into the Juukan Gorge destruction is examined: the submissions to the Inquiry, its Reports and the subsequent Government Response to it. The process of Indigenous Cultural Heritage legislative reform initiated by the previous Commonwealth Government and adopted by the current Government is also examined. The focus is to identify the influence of contemporary international legal norms and expectations on domestic reform activity around Indigenous Cultural Heritage legislation. The particular thesis under investigation is that such norms and expectations, in particular as articulated in the United Nations Declaration on the Rights of Indigenous Peoples, are developing a normative weight well in excess of their formal non-binding international legal status. 

Member Login Required to Access Article

Read More

Showing 0 Comment

Comments are closed.
Subscribe to Newsletter