Cultural vandalism - the regulated destruction of Aboriginal cultural heritage in New South Wales

Abstract

The tragic destruction of a 46,000 year old cave in Juunkan Gorge in the Pilbara by mining giant Rio Tinto has attracted national and international criticism. But sadly the company’s actions were lawful, though wrong, due to the shockingly out of date and weak law in Western Australia relating to Aboriginal cultural heritage. But Western Australia is not alone. Its law dates back to 1972, while the equivalent law in New South Wales came only two years later and is just as outdated. Aboriginal people in New South Wales have been trying to strengthen the law that is supposed to protect their cultural heritage since the late 1970s, but reform remains elusive. Meanwhile hundreds of important sites continue to be destroyed, and failed appeals by Aboriginal custodians to the Commonwealth only reinforce the need for urgent law reform at every level.