Rio Tinto Blasted Away an Ancient Aboriginal Site. Here’s Why That Was Allowed
By Samantha Hepburn
In the expansion of its iron ore mine in Western Pilbara, Rio Tinto blasted the Juukan Gorge 1 and 2 — Aboriginal rock shelters dating back 46,000 years. These sites had deep historical and cultural significance.
The shelters are the only inland site in Australia showing human occupation continuing through the last Ice Age.
The mining blast caused significant distress to the Puutu Kunti Kurrama traditional land owners. It's an irretrievable loss for future generations.
Ancient rock shelters destroyed in Pilbara mining blast on Sunday. PKKP Aboriginal Corporation devastated at loss o… https://t.co/VfpJUGTH1g— Ngaarda Media Pilbara (@Ngaarda Media Pilbara)1590547113.0
Aboriginal cultural heritage is a fundamental part of Aboriginal community life and cultural identity. It has global significance, and forms an important component of the heritage of all Australians.
But the destruction of a culturally significant Aboriginal site is not an isolated incident. Rio Tinto was acting within the law.
In 2013, Rio Tinto was given ministerial consent to damage the Juukan Gorge caves. One year later, an archaeological dig unearthed incredible artefacts, such as a 4,000-year-old plait of human hair, and evidence that the site was much older than originally thought.
But state laws let Rio Tinto charge ahead nevertheless. This failure to put timely and adequate regulatory safeguards in place reveals a disregard and a disrespect for sacred Aboriginal sites.
The destruction of a significant Aboriginal site is not an isolated incident. Puutu Kunti Kurrama And Pinikura Aboriginal Corporation
Not an Isolated Incident
The history of large developments destroying Indigenous heritage sites is, tragically, long.
A $2.1 billion light rail line in Sydney, completed last year, destroyed a site of considerable significance.
More than 2,400 stone artifacts were unearthed in a small excavated area. It indicated Aboriginal people had used the area between 1788 and 1830 to manufacture tools and implements from flint brought over to Australia on British ships.
Similarly, ancient rock art on the Burrup Peninsula in north-western Australia is under increasing threat from a gas project. The site contains more than one million rock carvings (petroglyphs) across 36,857 hectares.
This area is under the custodianship of Ngarluma people and four other traditional owners groups: the Mardudhunera, the Yaburara, the Yindjibarndi and the Wong-Goo-Tt-Oo.
But a Senate inquiry revealed emissions from adjacent industrial activity may significantly damage it.
The West Australian government is seeking world heritage listing to try to increase protection, as the regulatory frameworks at the national and state level aren't strong enough. Let's explore why.
What Do the Laws Say?
The recently renamed federal Department of Agriculture, Water and the Environment is responsible for listing new national heritage places, and regulating development actions in these areas.
At the federal level, the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a legal framework for their management and protection. It is an offence to impact an area that has national heritage listing.
But many ancient Aboriginal sites have no national heritage listing. For the recently destroyed Juurkan gorge, the true archaeological significance was uncovered after consent had been issued and there were no provisions to reverse or amend the decision once this new information was discovered.
Where a site has no national heritage listing, and federal legislation has no application, state laws apply.
For the rock shelters in the Western Pilbara, Rio Tinto was abiding by Western Australia's Aboriginal Heritage Act 1972 — which is now nearly 50 years old.
What a story on #SorryDay @RioTinto blows up one of country's oldest known Aboriginal heritage sites. And the worst… https://t.co/1iU4zdGaGr— Sophie McNeill (@Sophie McNeill)1590488484.0
Section 17 of that act makes it an offence to excavate, destroy, damage, conceal or in any way alter any Aboriginal site without the ministerial consent.
But, Section 18 allows an owner of the land — and this includes the holder of a mining licence — to apply to the Aboriginal Cultural Material Committee for consent to proceed with a development action likely to breach section 17.
The committee then evaluates the importance and significance of the site, and makes a recommendation to the minister. In this case, the minister allowed Rio Tinto to proceed with the destruction of the site.
No Consultation With Traditional Owners
The biggest concern with this act is there's no statutory requirement ensuring traditional owners be consulted.
This means traditional owners are left out of vital decisions regarding the management and protection of their cultural heritage. And it confers authority upon a committee that, in the words of a discussion paper, "lacks cultural authority."
There is no statutory requirement for an Indigenous person to be on the committee, nor is there a requirement that at least one anthropologist be on the committee. Worse still, there's no right of appeal for traditional owners from a committee decision.
So, while the committee must adhere to procedural fairness and ensure traditional owners are given sufficient information about decisions, this doesn't guarantee they have a right to consultation nor any right to provide feedback.
Weak in Other Jurisdictions
The WA Aboriginal Heritage Act 1972 is under review. The proposed reforms seek to abolish the committee, ensuring future decisions on Aboriginal cultural heritage give appropriate regard to the views of the traditional Aboriginal owners.
NSW is the only state with no stand-alone Aboriginal heritage legislation. However, a similar regulatory framework to WA applies in NSW under the National Parks and Wildlife Act 1974.
There, if a developer is likely to impact cultural heritage, they must apply for an Aboriginal Heritage Impact Permit. The law requires "regard" to be given to the interests of Aboriginal owners of the land, but this vague provision does not mandate consultation.
What's more, the burden of proving the significance of an Aboriginal object depends upon external statements of significance. But Aboriginal people, not others, should be responsible for determining the cultural significance of an object or area.
As in WA, the NSW regulatory framework is weak, opening up the risk for economic interests to be prioritized over damage to cultural heritage.
The federal minister has discretion to assess whether state or territory laws are already effective.
If they decide state and territory laws are ineffective and a cultural place or object is under threat, then the federal Aboriginal and Torres Strait Islander Heritage Protection Act 1984 can be used.
But this act is also weak. It was first implemented as an interim measure, intended to operate for two years. It has now been in operation for 36 years.
In fact, a 1995 report assessed the shortcomings of the Aboriginal and Torres Strait Islander Heritage Protection Act.
It recommended minimum standards be put in place. This included ensuring any assessment of Aboriginal cultural significance be made by a properly qualified body, with relevant experience.
It said the role of Aboriginal people should be appropriately recognized and statutorily endorsed. Whether an area or site had particular significance according to Aboriginal tradition should be regarded as a subjective issue, determined by an assessment of the degree of intensity of belief and feeling of Aboriginal people.
Twenty-five years later, this is yet to happen.
Reposted with permission from The Conversation.
EcoWatch Daily Newsletter
By Joni Sweet
If you get a call from a number you don't recognize, don't hit decline — it might be a contact tracer calling to let you know that someone you've been near has tested positive for the coronavirus.
Interviews With Contact Tracers<p>Contact tracing is a public health strategy that involves identifying everyone who may have been in contact with a person who has the coronavirus. Contact tracers collect information and provide guidance to help contain the transmission of disease.</p><p>It's been used during outbreaks of sexually transmitted infections (STIs), Ebola, measles, and now the coronavirus that causes COVID-19.</p><p>It starts when the local department of health gets a report of a confirmed case of the coronavirus in its community and gives that person a call. The contact tracer usually provides information on how to isolate and when to get treatment, then tries to figure out who else the person may have exposed.</p><p>"We ask who they've been in contact with in the 48 hours prior to symptom onset, or 2 days before the date of their positive test if they don't have symptoms," said <a href="https://case.edu/medicine/healthintegration/people/heidi-gullett" target="_blank">Dr. Heidi Gullett</a>, associate director of the Center for Community Health Integration at the Case Western Reserve University School of Medicine and medical director of the Cuyahoga County Board of Health in Ohio.</p>
“You’ve Been Exposed”<p>After the case interview, contact tracers will get to work calling the folks who may have been exposed to the coronavirus by the person who tested positive.</p><p>"We give them recommendations about quarantining or isolating, getting tested, and what to do if they become sick. If they're not already sick, we still want them to self-quarantine so that they don't spread the disease to anyone else if they were to become sick," said Labus.</p><p>Generally, the contact tracer won't ask for additional contacts unless they happen to call someone who is sick or has a confirmed case of the virus. They will help ensure the contact has the resources they need to isolate themselves, if necessary. The contact tracer may continue to stay in touch with that person over the next 14 days.</p><p>"We follow the percentage of people that were contacts, then converted into being actual cases of the virus. It's an important marker to help us understand what kind of transmission happens in our community and how to control the virus," said Gullett.</p>
Why You Should Participate (and What Happens If You Don’t)<p>A <a href="https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(20)30457-6/fulltext" target="_blank">Lancet study</a> from June 16, which looked at data from more than 40,000 people, found that COVID-19 transmission could be reduced by 64 percent through isolating those who have the coronavirus, quarantining their household, and contacting the people they may have exposed.</p><p>The combination strategy was significantly more effective than mass random testing or just isolating the sick person and members of their household.</p><p>However, contact tracing is only as effective as people's willingness to participate, and a small number of people who've contracted the coronavirus or were potentially exposed are reluctant to talk.</p><p>"Contact tracers have all been hung up on, cussed at, yelled at," said Gullet.</p><p>The hesitation to talk to contact tracers often stems from concerns over privacy — a serious issue in healthcare.</p>
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By Andrea Germanos
Oxfam International warned Thursday that up to 12,000 people could die each day by the end of the year as a result of hunger linked to the coronavirus pandemic—a daily death toll surpassing the daily mortality rate from Covid-19 itself.
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By James Shulmeister
Climate Explained is a collaboration between The Conversation, Stuff and the New Zealand Science Media Centre to answer your questions about climate change.
If you have a question you'd like an expert to answer, please send it to email@example.com
What was the climate and sea level like at times in Earth’s history when carbon dioxide in the atmosphere was at 400ppm?<p>The last time global carbon dioxide levels were consistently at or above 400 parts per million (ppm) was around <a href="https://www.nature.com/articles/nature14145" target="_blank">four million years ago</a> during a geological period known as the <a href="http://www.geologypage.com/2014/05/pliocene-epoch.html" target="_blank">Pliocene Era</a> (between 5.3 million and 2.6 million years ago). The world was about 3℃ warmer and sea levels were higher than today.</p><p>We know how much carbon dioxide the atmosphere contained in the past by studying ice cores from Greenland and Antarctica. As compacted snow gradually changes to ice, it traps air in bubbles that contain <a href="https://www.cambridge.org/core/journals/annals-of-glaciology/article/enclosure-of-air-during-metamorphosis-of-dry-firn-to-ice/09D9C60A8DA412D16645E6E6ABC1892F" target="_blank">samples of the atmosphere at the time</a>. We can sample ice cores to reconstruct past concentrations of carbon dioxide, but this record only takes us back about a million years.</p><p>Beyond a million years, we don't have any direct measurements of the composition of ancient atmospheres, but we can use several methods to estimate past levels of carbon dioxide. One method uses the relationship between plant pores, known as stomata, that regulate gas exchange in and out of the plant. The density of these stomata is <a href="https://journals.sagepub.com/doi/abs/10.1177/095968369200200109" target="_blank">related to atmospheric carbon dioxide</a>, and fossil plants are a good indicator of concentrations in the past.</p><p>Another technique is to examine sediment cores from the ocean floor. The sediments build up year after year as the bodies and shells of dead plankton and other organisms rain down on the seafloor. We can use isotopes (chemically identical atoms that differ only in atomic weight) of boron taken from the shells of the dead plankton to reconstruct changes in the acidity of seawater. From this we can work out the level of carbon dioxide in the ocean.</p><p>The data from four-million-year-old sediments suggest that <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2010PA002055" target="_blank">carbon dioxide was at 400ppm back then</a>.</p>
Sea Levels and Changes in Antarctica<p>During colder periods in Earth's history, ice caps and glaciers grow and sea levels drop. In the recent geological past, during the most recent ice age about 20,000 years ago, sea levels were at least <a href="https://science.sciencemag.org/content/292/5517/679.abstract" target="_blank">120 meters lower</a> than they are today.</p><p><span></span>Sea-level changes are calculated from changes in isotopes of oxygen in the shells of marine organisms. For the Pliocene Era, <a href="https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2004PA001071" target="_blank">research</a> shows the sea-level change between cooler and warmer periods was around 30-40 meters and sea level was higher than today. Also during the Pliocene, we know the West Antarctic Ice Sheet was <a href="https://www.nature.com/articles/nature07867" target="_blank">significantly smaller</a> and global average temperatures were about 3℃ warmer than today. Summer temperatures in high northern latitudes were up to 14℃ warmer.</p><p>This may seem like a lot but modern observations show strong <a href="https://journals.ametsoc.org/jcli/article/23/14/3888/32547" target="_blank">polar amplification</a> of warming: a 1℃ increase at the equator may raise temperatures at the poles by 6-7℃. It is one of the reasons why Arctic sea ice is disappearing.</p>
Impacts in New Zealand and Australia<p>In the Australian region, there was no Great Barrier Reef, but there may have been <a href="https://link.springer.com/content/pdf/10.1007/BF02537376.pdf" target="_blank">smaller reefs along the northeast coast of Australia</a>. For New Zealand, the partial melting of the West Antarctic Ice Sheet is probably the most critical point.</p><p>One of the key features of New Zealand's current climate is that Antarctica is cut off from global circulation during the winter because of the big <a href="https://www.tandfonline.com/doi/abs/10.3402/tellusa.v54i5.12161" target="_blank">temperature contrast</a> between Antarctica and the Southern Ocean. When it comes back into circulation in springtime, New Zealand gets strong storms. Stormier winters and significantly warmer summers were likely in the mid-Pliocene because of a weaker polar vortex and a warmer Antarctica.</p><p>It will take more than a few years or decades of carbon dioxide concentrations at 400ppm to trigger a significant shrinking of the West Antarctic Ice Sheet. But recent studies show that <a href="http://nora.nerc.ac.uk/id/eprint/521027/" target="_blank">West Antarctica is already melting</a>.</p><p>Sea-level rise from a partial melting of West Antarctica could easily exceed a meter or more by 2100. In fact, if the whole of the West Antarctic melted it could <a href="http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.695.7239&rep=rep1&type=pdf" target="_blank">raise sea levels by about 3.5 meters</a>. Even smaller increases raise the risk of <a href="https://www.pce.parliament.nz/publications/preparing-new-zealand-for-rising-seas-certainty-and-uncertainty" target="_blank">flooding in low-lying cities</a> including Auckland, Christchurch and Wellington.</p>
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By Jo Harper
Investment in U.S. offshore wind projects are set to hit $78 billion (€69 billion) this decade, in contrast with an estimated $82 billion for U.S. offshore oil and gasoline projects, Wood Mackenzie data shows. This would be a remarkable feat only four years after the first offshore wind plant — the 30 megawatt (MW) Block Island Wind Farm off the coast of Rhode Island — started operating in U.S. waters.
Corporates Shift<p>Helping to drive offshore growth, U.S. corporate buyers <a href="https://www.dw.com/en/cities-leading-the-transition-to-renewables/a-42850621" target="_blank">are increasingly relying on wind energy to power their businesses</a>. Walmart and AT&T are the two top corporate wind buyers, while 14 newcomers entered the wind market in 2019, including Estée Lauder and McDonald's.</p><p>"Oil and gas companies have jumped into the U.S. offshore wind market, where they can transfer expertise in offshore fossil fuel development to clean energy investments," says Max Cohen, principal analyst, Americas Power & Renewable research at Wood Mackenzie. Many international oil and gas companies have already recognized this huge potential and entered the US offshore wind market, including Orsted, Equinor and Shell.</p><p>"Given the recent tumult in oil prices, fossil fuel companies may more and more be looking to diversify their portfolios, particularly with assets that are contracted or offer returns uncorrelated with oil and gas," Cohen says. "Offshore wind is an area where they may have a comparative advantage, and they can then leverage the experience with that technology to make the leap to onshore wind, solar, and other renewable technologies," he says.</p>
East Coast leads the way<p>"There is enormous opportunity, especially off the East Coast, for wind. I am very bullish," said former Interior Secretary Ryan Zinke. "Market excitement is moving towards offshore wind. I haven't seen this kind of enthusiasm from industry since the Bakken shale boom," he said.</p><p>Offshore wind initiatives require excessive upfront spending: a 250 MW venture costs about $1 billion, based on International Energy Agency data, but as costs fall the tipping point after which costs fall faster gets nearer</p><p>"The opportunity has been created by Northeastern states seeing the large price declines for offshore wind in Europe," says Cohen. Onshore wind is historically the lowest cost renewable resource, but is at its most expensive in the Northeast, he adds. "But costs are falling slower than for other technologies," he says.</p>
Jobs and Coastal Revitalization<p>U.S. wind energy now supports 120,000 US jobs and 530 domestic factories. A study by the University of Delaware predicted that the supply chain needed to build offshore turbines to feed power to seven East Coast states by 2030 would generate nearly $70 billion in economic activity and at least 40,000 full-time jobs. An American Wind Energy Association's (AWEA's) March 2020 report estimated that developing 30,000 MW of offshore wind along the East Coast could support up to 83,000 jobs and $25 billion in annual economic output by 2030.</p><p>Having said that, not all of the jobs are American jobs. The offshore wind developers with commercial leases in the US are all foreign companies. There is growing interest from the shipbuilding sector in the Gulf of Mexico in partnering with offshore wind companies to provide services. As a result, some of the US oil trade associations have submitted comments supporting certain aspects of offshore wind. "However, it is unclear to what extent offshore wind developers plan to use US vessels and crew, and the existing projects did not incorporate US vessels or labor at all," Hawkins says.</p>
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