The federal government will legislate new protections for Indigenous heritage sites after Rio Tinto's destruction of a sacred rock shelter at Juukan Gorge in Western Australia.
A parliamentary inquiry recommended new protections for thousands of heritage sites across Australia and an overhaul of how native title operated after the mining company blasted 46,000-year-old sites despite warnings from traditional owners.
Environment Minister Tanya Plibersek said the government had accepted all but one recommendation from last year's parliamentary inquiry, including to legislate new cultural heritage protections and review the native title act.
Ms Plibersek said the law as it stood did not provide enough protection.
"In fact, the destruction of Juukan Gorge was legal under the laws that exist at the moment," Ms Plibersek told ABC Radio.
"It was completely wrong, but it shows how weak our laws are."
The final recommendation, whether ultimate responsibility for cultural heritage protection should sit with the Indigenous affairs minister or the environment minister, is still being determined.
In a statement, Greens senator Dorinda Cox said the government should have agreed to shift responsibility out of the environment portfolio.
"I don’t know how they can claim to respect First Nations culture when the ultimate say doesn’t lie with the Indigenous Minister," Senator Cox said.
She said it had taken too long for laws to be reformed.
“If the world hadn’t shown outrage at Rio Tinto’s actions, would there still be a push from Labor to reform cultural heritage laws?"
Ms Plibersek did not indicate when legislation would be introduced, but said there was "absolutely a sense of urgency" to ensure similar destruction was not repeated.
"I am determined that this sort of cultural heritage destruction should never happen again in Australia," she said.
"It is a shameful moment in Australia's history."
Traditional owners say they were not consulted
In a formal response tabled to parliament, the federal government said it would partner with the First Nations Heritage Protection Alliance to co-design changes to heritage laws in this term of parliament.
But traditional owners at the centre of the Rio Tinto scandal say they were only told on Tuesday of the government's intended response.
In a statement, the Puutu Kunti Kurrama and Pinikura (PKKP) Aboriginal Corporation said it was "angry and disappointed" at the government's response because it had not been consulted.
"All of this started with the destruction of our cultural heritage, everyone keeps on telling us they are sorry about it, but actions speak louder than words," chair Burchell Hayes said.
"It seems like a media event in Canberra is more important than giving PKKP people the respect of asking us what can be done to try and stop something like the destruction of the Juukan rock shelters happening again, or even letting us know what the government is planning."
Among the recommendations the government has noted for consideration is whether Rio Tinto should pay restitution to PKKP people for the destruction of the Juukan Gorge caves.
The ABC understands negotiations between Rio Tinto and the PKKP Aboriginal Corporation are ongoing.
