A legal lacuna: between cultural heritage and native title

Abstract

In May 2020, mining giant Rio Tinto attracted global attention for its destruction of caves in the Juukan Gorge in western Australia while blasting in the area as part of its mining operations. The caves contained archaeological treasures evidencing human occupation spanning some 46,000 years. As such, they represent globally significant sites — sites far older than Stonehenge and the pyramids of Egypt. But more than that, the caves held ongoing spiritual significance for the traditional owners of the area, the Puutu Kunti Kurrama and Pinikura.