Pilbara mining blast confirmed to have destroyed 46,000yo sites of 'staggering' significance

"Deeply troubled" traditional owners in the western Pilbara have had their worst fears confirmed after Rio Tinto detonated explosives near culturally significant sites dating back more than 46,000 years.

Key points: Rio Tinto has confirmed the gorge's ancient rock shelters were destroyed in blasting over the weekend

Rio Tinto has confirmed the gorge's ancient rock shelters were destroyed in blasting over the weekend Permission was signed off in 2013 and was known to "impact Juukan 1 and Juukan 2 rock shelters"

Permission was signed off in 2013 and was known to "impact Juukan 1 and Juukan 2 rock shelters" In 2014, an archaeologist found several "staggering" artefacts believed to be the earliest use of grindstone technology in WA

A Rio Tinto spokesperson said blasting in Juukan Gorge occurred over the weekend, and on Tuesday the company confirmed its ancient rock shelters were destroyed.

"In 2013, Ministerial consent was granted to allow Rio Tinto to conduct activity at the Brockman 4 mine that would impact Juukan 1 and Juukan 2 rock shelters," the spokesperson said.

"[Rio Tinto] has, where practicable, modified its operations to avoid heritage impacts and to protect places of cultural significance to the group."

Puutu Kunti Kurrama (PKK) traditional owners said the mining giant had detonated charges in an area of the Juukan Gorge, about 60 kilometres north-west of Tom Price, and feared two ancient, deep time rock shelters would be "decimated" in the blasts.

Rio Tinto was given permission to blast Juukan Gorge 1 and 2 under Section 18 of the Aboriginal Heritage Act. ( Supplied: Puutu Kunti Kurrama and Pinikura Aboriginal Corporation )

"Our people are deeply troubled and saddened by the destruction of these rock shelters and are grieving the loss of connection to our ancestors as well as our land," said John Ashburton, chair of the Puutu Kunti Kurrama Land Committee.

"Losing these rock shelters is a devastating blow to the PKK traditional owners."

Rio Tinto received permission to conduct the blasts in 2013 under Section 18 of the WA Aboriginal Heritage Act.

Mr Ashburton said PKK traditional owners were frustrated by a system which they say does not consider new, important information once the Minister for Aboriginal Affairs gives consent under Section 18.

"We recognise that Rio Tinto has complied with its legal obligations, but we are gravely concerned at the inflexibility of the regulatory system," Mr Ashburton said.

Rio's spokesperson said the company had a long-standing relationship with the PKK people, and had been working together in relation to the Juukan area for 17 years.

In a statement, WA Minister for Aboriginal Affairs, Ben Wyatt, said he was not aware of the blast or concerns prior to the event.

Burchell Hayes says his people are devastated the lessons from the site can never be passed onto future generations. ( ABC Pilbara: Susan Standen )

Traditional owners devastated by the loss of the 46,000-year-old cultural site said they only found out about the mining blasts by accident.

Burchell Hayes, a Puutu Kunti Kurruma traditional owner, said the group was told the site would be impacted after it asked to visit for upcoming NAIDOC week celebrations.

"While we would like to think we have got a good relationship with Rio Tinto, I think there is area for improvement and one of those is communication between the traditional owners and Rio Tinto," he said.

Mr Hayes said the blasting activity was just 11 metres from the two rock shelters.

"It saddens us that something that we have got a deep connection to has been destroyed," he said.

Mr Hayes said the community felt sorrow and sadness over the lost heritage.

"That site, for us, that's where our ancestors were occupying their traditional land," he said.

"From generation to generation stories have been passed down to us around that occupation.

"Even going through and doing excavations in those areas; to find the plaited hair and the artefacts and how they have been dated back to over 46,000 years — it's something we will always remember."

Mr Hayes said the destruction of the ancient sites would impact future generations most.

"Traditionally we hand that [heritage] down to the next generation, but in this case we won't have anything to show the next generation and to tell them stories about what has happened there and what's been passed down from our ancestors," he said.

"We can't undo what's already happened but what we can do is try and go back to Rio Tinto and talk to them on how we can protect the remaining sites in that area."

During an excavation in 2014, archaeologist Dr Michael Slack found several "staggering" artefacts including grinding and pounding stones, which were believed to be the earliest use of grindstone technology in Western Australia.

The research revealed sites of "high archaeological significance", but due to what PKK traditional owners have described as a "rigid regulatory system" the decision was not able to be turned around.

Dr Slack said he was surprised when he heard the news of Rio Tinto's blast at the site.

"It's always a bit upsetting to hear about a fantastic cultural site being lost," he said.

He said plaited hair dating back 4,000 years was also recovered, believed to be part of a hair belt worn by traditional owners, and a kangaroo leg bone dating back 28,000 years which had been sharpened into a pointed tool — the oldest examples of bone technology found in Australia.

The findings from Dr Slack and the team had dated human occupation in the region back more than four times what was originally understood.

"What we found were some really important discoveries," he said.

"We found early backed artefacts which were a little stone tool we think were halved into knives, and they appear in this site up to 10,000 years earlier than in other sites.

"This site was something special. It was a massive cave, it had such a rich cultural deposit, such an old occupation. And so significant in that respect that it's one of those sites you only excavate once or twice in your career.

"So myself and the other archaeologists and the traditional owners that all slogged it out for weeks and weeks, and sweated down the bottom of that pit, are all taking a moment and going 'wow that's just sad really. Unfortunate'."

Dr Michael Slack said he believed there was more excavation work to be done on Juukan Gorge. ( ABC Pilbara: Karen Michelmore )

Law that permitted mine under review

The WA Aboriginal Heritage Act (1972) is currently under review with draft legislation expected to be released for public comment.

The Aboriginal Cultural Heritage Bill will be introduced into the WA Parliament for consideration this year.

The ABC understand Section 18 notices will no longer exist under the proposed changes.

Aboriginal Affairs Minister Ben Wyatt said the new heritage legislation would focus on mutual agreement between traditional owners and proponents.

"It will … include a process to consider new information that may come to light, and allow the parties to be able to amend the agreements by mutual consent," he said.

"The legislation will also provide options for appeal should either party not be compliant with the agreement."

Dr Slack said examples such as Juukan Gorge proved the legislation needed to change.

"Everyone in this situation would take pause and think 'we could do better' in terms of the process," he said.

"A lot of people would be familiar that the legislation we operate under is almost 50 years old and it wasn't really designed for the pressures of development and heritage compliance that we're under these days.

"Hopefully we can rectify the situation in revised legislation, and there should be a process where things are only destroyed with full knowledge and that we know the results of all these excavations in advance of all these consents 'to destroy' being approved.

"This is not an unusual situation, it's just unusual that the site has proven to be so importantly archaeologically and culturally as well."

In 2018, Fortescue Metals Group came under fire after it secured a Section 18 notice to destroy significant Indigenous sites in the nearby Spear Valley, 90 kilometres north-east of Tom Price, which dated back 23,000 years.

The destruction of those sites would have made way for a railway to service its new $1.5 billion Eliwana mine development.

Indigenous rock art in the Spear Valley region shows a turtle carved into a rock. ( Supplied: Damian Katich )

After outcry from traditional owners about an administrative error with the Act, the Federal Government reviewed the decision and FMG later amended its proposal to continue development without impacting the cultural sites.

Mr Ashburton said the PKK people were now working with Rio Tinto to safeguard the remaining rock shelters in the Juukan Gorge.

Mr Hayes said changes to the Aboriginal Heritage Act were long overdue to better protect Aboriginal sites, and he urged other traditional owners to take another look at their own agreements.

"Our experience — it's something that we have learned from and we didn't believe that we would ever be in this position," he said.