Where do we stop for First Nations cultural heritage on the critical mineral-paved road to net-zero in Australia?

A critical analysis of the Australian government’s efforts to address the protection of First Nations People’s cultural heritage in rapid expansion of the critical mineral industry in bid for Australia to capitalise on the transition to net-zero. The analysis considers the findings from the Joint Standing Committee on Northern Australia’s reports into the destruction of the Juukan Gorge and its recommendations to reform cultural heritage protection in Australia. It provides an overview of the relationship between the mining industry and First Nations People, including the imbalance between respective interests and bargaining ­positions and the need for greater resourcing and capacity to improve First Nations People’s ability to protect their interests when negotiating benefit-sharing agreements. The analysis then focuses on the Critical Minerals Strategy and the Future Made in Australia Act 2024 (Cth) as it relates to the protection of First Nations People’s cultural heritage. The analysis demonstrates that the Federal government is relying on the use of social licences to operate (SLOs) to deal with cultural heritage protection in the development of its critical mineral industry. Due to this finding, the analysis then considers how effective SLOs are as a mechanism to control and regulate corporate behaviour.