Story

• Background: Across Australia, Aboriginal cultural heritage sites, including ancient rock art, burial grounds, and sacred landscapes, are under threat from mining, infrastructure development, and other activities. Existing heritage protection laws are often inadequate, and decision-making processes frequently fail to adequately consider the cultural significance of these sites. The destruction of Juukan Gorge demonstrated the weaknesses in existing protections.
• Legal Strategy: This campaign supports legal action to protect Aboriginal cultural heritage sites. The legal strategy involves: (1) Challenging development approvals that threaten significant sites, arguing that decision-makers have failed to properly consider Aboriginal cultural heritage under relevant legislation (e.g., Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth), state/territory heritage laws); (2) Seeking judicial review of government decisions that fail to adequately protect heritage sites; (3) Supporting native title claims, which can provide a stronger basis for protecting cultural heritage; (4) Advocating for stronger heritage protection laws and policies at the state/territory and federal levels, including greater involvement of Aboriginal communities in decision-making. The litigation and advocacy seek: (1) Protection of specific cultural heritage sites from destruction; (2) Stronger legal protections for Aboriginal cultural heritage generally; (3) Greater recognition of Aboriginal rights and interests in land and cultural heritage management.
• Case Status: Potential challenges to specific development projects; ongoing advocacy for law reform.
• Jurisdiction: Federal Court of Australia; State/Territory Supreme Courts; Native Title Tribunals.