In plain sight – from Juukan caves destruction to just development

Abstract

This commentary will outline the circumstances leading to the destruction of the Juukan Caves by Rio Tinto in May 2020. Secondly, it explains how the existing complexities of the legal framework designed to protect Indigenous cultural heritage resulted in the “legal” destruction of the Juukan Caves. The third part considers whether this incident may encourage positive changes in the relationship between Aboriginal peoples and resource companies which is reflected in law and governance. Recommendations from an ongoing public inquiry into the circumstances surrounding the destruction may begin this process of healing for the impacted Aboriginal community providing some pathways for change.