Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

I rise to ask a question of the Minister representing the Minister for the Environment, Minister Wong. The government committed to federal Aboriginal cultural heritage legislation in the wake of the tragic disaster at Juukan Gorge. Recently, in my home state of Western Australia, Rio Tinto damaged another cave at Nammuldi. My question to the minister is: when can we expect to see an exposure draft of this bill?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Thank you, Senator Cox. I first say that all of us—well, I hope all of us—remain appalled by what occurred at Juukan Gorge. Obviously there has been quite a lot on in politics and policy over some time, but I did see reporting of a further problem in terms of activities by Rio Tinto.

The advice I have is that the government is continuing to work on reforms. When we first responded to the Juukan Gorge inquiries we committed to reforming national heritage protection laws in partnership with the First Nations Heritage Protection Alliance, which is a group that was established after Juukan and that is made up of over 30 First Nations groups. Obviously it's very important that this is done right. The process is underway. I hope that there is, as I'm advised, really thorough and thoughtful consultation, because there should be. The process is in the early stages. The government will also be consulting with business, farmers, environment groups and many others as we go.

The minister has indicated that she is also concerned that the Wintawari Guruma Aboriginal Corporation have said that a rock shelter at Mount Tom Price mine is now in a fragile state. I am advised that the minister has written to Rio Tinto about comments made by traditional owners about Rio Tinto's blast management procedures and has asked the corporation to address their concerns. There is no federal government application for emergency protection of the site.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cox, first supplementary?

Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

It's important that this bill has broad support to ensure its ongoing success. Can the minister outline what stakeholders the government has been consulting with in the process of developing this bill?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

First, the list I have includes, as I have said, the First Nations Heritage Protection Alliance, which I am advised is made up of over 30 First Nations groups. There is also a commitment to consult with business, farmers, environment groups and many others. The senator raised the issue of the importance of broad support. It is unfortunate—and we've seen some of it in this chamber—that there are some who would rather have a divisive, angry debate over this than try and work as the parliament was able to in the context of the parliamentary inquiry chaired by Warren Entsch. I think we've seen the politics played on this issue. I would hope that people could come together and actually work out how we protect this heritage. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cox, second supplementary?

Dorinda Cox (WA, Australian Greens) Share this | Link to this | Hansard source

In the co-design process, will the government guarantee that free, prior and informed consent from traditional owners will be a key feature in this legislation to protect and preserve First Nations cultural heritage that is both tangible and intangible?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I think it's always unwise to pre-empt a consultation process. I will ensure I take advice about what is the most precise answer to your direct question, but I would make the point that the minister has made clear her intention to ensure a proper consultation process with First Nations representatives through the First Nations Heritage Protection Alliance. I have no doubt that the nature of consent—what that constitutes, what is required for informed consent—will be important to that. I am sure that that will be a focus of these consultations, because it's obviously an issue that is of great importance to community. (Time expired)