Miners and Coalition demand answers on Aboriginal cultural heritage reforms after Regis gold mine shafted

Miners and the Federal Opposition are demanding clarity on the future of Labor’s promised overhaul of Aboriginal cultural heritage laws in the fallout of the bombshell Regis gold mine ruling.

More than 18 months have passed since the Federal Government committed to develop new “standalone” cultural heritage laws as part of its response Juukan Gorge disaster.

The process was put on the backburner amid last year’s botched rollout of WA’s own heritage protection laws, and there has been little apparent progress since.

The issue has been thrust into the spotlight after Environment Minister Tanya Plibersek used powers under section 10 of the existing laws to torpedo Regis Resources McPhillamys $1 billion gold mine in regional NSW.

Ms Plibersek backed the application from a small group of Indigenous elders to block a proposed tailing dam, overriding State planning approvals and ignoring the position of the Orange Local Aboriginal Land Council.

Shadow environment minister Johnathon Duniam claimed the controversy would not have happened if Ms Plibersek had delivered on her promise to update the 40-year-old laws.

“We wouldn’t be in this situation, I suspect, if we had new, modern, up-to-date, fit-for-purpose laws that dealt with cultural heritage, that provided certainty, that gave guidance to decision-makers and First Nations representatives on how they can actually engage in this process,” Senator Duniam said.

“We don’t have that.”

In a statement, Ms Plibersek said the Government was working on “possible improvements” to Federal cultural heritage protections under a consultation process with First Nations groups that started under the Coalition.

Ms Plibersek would not be drawn on whether she wanted to legislate changes before the next election.

However, The Nightly understands industry and stakeholders would have a chance to “road-test” draft changes before anything was put to Parliament.

Proposed Indigenous engagement standards are among six focus areas for consultation on the third and most contentious tranche of the Nature Positive Plan.

The work on “possible improvements” to heritage protections is a far cry from what was promised in the original Nature Positive Plan in December 2022, which committed to “standalone” laws to replace the existing Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

Speaking after the gold mine ruling, Ms Plibersek said one aim of the planned reforms was to ensure proponents were speaking with traditional owners “much earlier” in the development process.

The Nightly understands the Wiradyuri elder who spearheaded the section 10 application was consulted from as far back as 2016.

Association of Mining and Exploration Companies chief executive Warren Pearce said the section 10 controversies were proof changes were needed.

“We’ve been told changes are coming to the Commonwealth cultural heritage legislation for some time now,” Mr Peace said.

“Is it happening or not? And if so, when is it happening and what are the changes? Industry needs to know and investors need certainty.”

Chamber of Minerals and Energy WA chief executive Rebecca Tomkinson said: “As with any reform process, we have advocated to the Federal Government for transparency in the consultation process and active engagement with the stakeholders who these reforms impact most.”