27 April ARELJ Article- In the Shadow of Juukan Gorge: The Parliamentary Inquiry and the Progress of Indigenous Cultural Heritage Legislative Reform April 27, 2023 By Sally Parker ARELJ, Environment, General, Mining ARELJ, CulturalHeritage, FirstNations, Legislation, Reform 0 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 Related Articles FORREST AND FORREST PTY LTD AND MINISTER FOR ABORIGINAL AFFAIRS  WASAT 28 Western Australia’s State Administrative Tribunal (SAT) has rejected a review, by Forrest & Forrest Pty Ltd, against the refusal of consent to impact an Aboriginal site in constructing weirs across the Ashburton River. A unanimous three-member panel published its decision in April 2023. SAT’s decision and reasoning has direct significance and use for anyone involved in processes for a s 18 consent under the Aboriginal Heritage Act 1972 and broader relevance for the law around protection of Aboriginal heritage in Western Australia. With the WA Government announcing the reversal of recent statutory changes and a return to the 1972 legislation, SAT’s decision has increased relevance. ARELJ Recent Development- Transitioning Section 18 Aboriginal Heritage Act 1972 Consents Under the Aboriginal Cultural Heritage Act 2021 of Western Australia ARELJ Article- Managing water resources in times of fracking: Regulation and reform in Western Australia ARELJ Article- Decommissioning Liabilities - For whom the bell tolls? ARELJ Article - Public Duties on the Disposal of Australia's Non-Renewable Resources: The Case for Regulatory Reform ARELJ Article- Till Death Do Us Part: The undue impact of Freeth on Western Australia's Mining Tenement Forfeiture System Showing 0 Comment Comments are closed.