The Guardian Australia

WA must toughen laws after revelation Rio Tinto dumped priceless Indigenous artefacts, heritage expert says

- Lorena Allam

One of Western Australia’s leading heritage experts says the government must toughen up its heritage laws in the wake of allegation­s that mining giant Rio Tinto allowed the dumping of priceless Aboriginal cultural materials and did not inform the traditiona­l owners for 25 years.

Peter Veth, a senior archaeolog­ist and heritage commentato­r who was involved in surveying of the artefacts, said new laws must ensure such a “traumatic” mistake cannot happen again.

“The state has to show leadership. It’s a really tough portfolio. It’s big money. And if they can’t get the compliance right in an area worth tens of billions of dollars – and of the Pilbara, which is one of the great heritage estates in the world – then we’re not a modern state. We’re locked in the 50s,” said Veth, a professor at the University of Western Australia.

Rio Tinto has been accused of allowing hundreds of irreplacea­ble Aboriginal cultural artefacts salvaged from its Marandoo iron ore mine in the Pilbara to be thrown away at a rubbish dump in the 1990s, and failing to disclose the disposal to Aboriginal traditiona­l owners.

Eastern Guruma elders say they learned of the dumping after uncovering documents which show Rio Tinto and the WA government knew artefacts salvaged from their important and sacred sites in the 1990s had been thrown away, but failed to tell them.

The Wintawari Guruma Aboriginal corporatio­n (WGAC), representi­ng the Eastern Guruma traditiona­l owners, made the claims in a powerful submission to the federal parliament­ary inquiry into Rio Tinto’s destructio­n of Juukan Gorge.

In 1992, Rio Tinto – through its subsidiary Hamersley Iron – sought approval for a large-scale iron ore mine at Marandoo, in the eastern part of traditiona­l Eastern Guruma country within Karijini national park.

Concerned that a large number of heritage sites would be destroyed, traditiona­l owners organised a survey, in which bones, rock art, scarred trees, stone quarries and places of “outstandin­g cultural significan­ce” were identified over a six-day visit in January 1992.

Veth was part of that survey team. He recalls a senior colleague “begging” Hamersley’s representa­tives not to go ahead with the mine until a more thorough investigat­ion of the sites had been done.

“She was crying. She actually sat there and she finally burst into tears – a senior heritage person – saying ‘please, why can’t we just do [our] work, why can’t there be a higher level of observatio­n of the heritage?’

“It required a different scale of excavation, of collection, of recording, and that wasn’t allowed to happen in a normal process … because the state and Hamersley basically took a very aggressive line,” Veth said.

Rio Tinto outsourced the 1992 salvage work to a private engineerin­g company, which shipped the bulk of the material to the Northern Territory University (now Charles Darwin University).

In documents seen by Guardian Australia, materials salvaged from an 18,000-year-old rock shelter were accidental­ly “taken to the tip” by the university in a “devastatin­g accident” in 1995. A large number of the remaining materials were then disposed of, with Rio’s approval, two years later.

But salvage work was done at only 28 of an estimated 300 sites in the path of the Marandoo mine. According to WGAC, materials from 20 of those 28 sites are now gone.

“For some of the sites, what was taken to the tip was the only remaining material left after the site’s destructio­n. There are no reports, data, photograph­s or documents of any kind that relate to this part of the salvage program,” WGAC’s submission says.

The WA government granted consent for the mine on 2 February 1992 under the Aboriginal Heritage Act, the same legislatio­n which allowed Rio to blow up Juukan Gorge in May 2020, and which is now under review.

But on 5 February 1992, it passed a separate law, the Marandoo Act, which gave Rio additional security for the mine and effectivel­y prevented any legal challenges from Aboriginal people.

Rio Tinto CEO Simon Trott said the company supports repealing the act and has been engaging with traditiona­l owners and the WA government on “this important issue”.

Trott reiterated Rio’s apology to the Eastern Guruma people.

“We are not proud of many parts of our history at Marandoo and we reiterate our apology to the Traditiona­l Owners of the land, the Eastern Guruma People, for our past actions. We know we have a lot of work ahead to right some of these historical wrongs.

“Our leadership team are engaging regularly on this important work and are committed to meeting with the WGAC again when they are ready,” Trott said.

A Rio Tinto spokespers­on said materials remaining from the 1992 salvage works are in a safe-keeping place at its Brockman 2 and Dampier operations.

Veth said the WA government must oversee how this work is contracted in future.

“We believe that standards and accreditat­ion [are] imperative for consultant­s, we’ve said this for 30 years,” Veth said. “Secondly, you want to have decent upfront time to assess the values. It’s a basic thing: where are the sites? What are the values? How can they be mitigated, managed? Why don’t we have proper interpreta­tion and holding centres and keeping places on country? Why doesn’t the state invest in it?”

Veth said while these questions are unanswered in the law, the risk remains that priceless material could be mined and thrown away.

“There are protection­s that allow a ministeria­l interventi­on, that allow an area to be made a protected area, that allow fines to be imposed for deliberate and wanton destructio­n of sites, but the missing component of actually evaluating values and knowing what you’re dealing with … is not there.

“There’s absolutely no trigger here to fund or support or, in a timely fashion, to have the values documented and discoverab­le, so we can manage them ... and that’s why there’s major opposition [to the current heritage bill].”

The WA government said it has been in discussion with Rio Tinto and traditiona­l owners about this matter, but had no prior knowledge of the allegation­s made by the WGAC on Friday.

“The McGowan government continues to make improvemen­ts to the draft Aboriginal cultural heritage bill based on feedback from stakeholde­rs, as we work towards the historic reform of Western Australia’s outdated Aboriginal cultural heritage system,” a spokespers­on said.

 ?? Photograph: Steve Waters/Alamy ?? Rio Tinto has been accused of allowing hundreds of irreplacea­ble Aboriginal cultural artefacts salvaged from its Marandoo iron ore mine (pictured) in the Pilbara, Western Australia, to be thrown away at a rubbish dump in the 1990s, and failing to tell traditiona­l owners.
Photograph: Steve Waters/Alamy Rio Tinto has been accused of allowing hundreds of irreplacea­ble Aboriginal cultural artefacts salvaged from its Marandoo iron ore mine (pictured) in the Pilbara, Western Australia, to be thrown away at a rubbish dump in the 1990s, and failing to tell traditiona­l owners.

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