22°37′3″S 117°9′28″E / 22.61750°S 117.15778°E / -22.61750; 117.15778 Juukan Gorge is a gorge in the Hamersley Range in the Pilbara region of Western Australia , about 60 kilometres (37 mi) from Tom Price . It was named by the daughter of Puutu Kunti Kurrama man Juukan, also known as Tommy Ashburton, who was born at Jukarinya (Mt Brockman).
123-567: The gorge is known primarily for a cave that was the only inland site in Australia with evidence of continuous human occupation for over 46,000 years, including through the last Ice Age . The cave was permanently destroyed by mining company Rio Tinto in May 2020. Ministerial consent had been given to expand Rio Tinto's mine in 2013 under WA legislation. Prior to its destruction, the cave in Juukan Gorge
246-530: A Wiradjuri man from Cowra, New South Wales , commenced an action in the High Court of Australia arguing that Aboriginal people retained rights to land as an Aboriginal nation or nations existed pre-settlement and continues to exist, and that their land had been taken by conquest rather than by settlement. The court held in Coe v Commonwealth (1979) that no Aboriginal nation holds any kind of sovereignty , distinguishing
369-553: A bundle of rights , which may be extinguished one by one, for example, by a mining lease. In this case, the lease did not confer 'exclusive possession', because the claimants could pass over the land and do various things. But some parts of native title rights were extinguished, including the rights to control access and make use of the land. The claim was remitted to the Full Court of the Federal Court to determine in accordance with
492-443: A moratorium on mining in the area and rehabilitation of the site. The report also recommended that compensation should be paid to the traditional owners. It said that the destruction of the caves was "inexcusable", and also called upon mining companies to voluntarily stop acting on existing approvals. While the inquiry and report was bipartisan, there was one dissenting voice with regard to the moratorium; WA Liberal senator Dean Smith
615-486: A veto over development, and nor does it grant land, as the Aboriginal Land Rights Act (ALRA) does. National Native Title Tribunal definition: [Native title is] the communal, group or individual rights and interests of Aboriginal people and Torres Strait Islander people in relation to land and waters, possessed under traditional law and custom, by which those people have a connection with an area which
738-559: A ceremony in the desert attended by Maralinga Tjarutja leader Archie Barton , John Bannon and Aboriginal Affairs Minister Greg Crafter . This granted rights over 75,000 square kilometres (29,000 sq mi) of land in the Great Victoria Desert , including the land contaminated by the British nuclear weapons testing at Maralinga . Mabo v Queensland (No 2) (1992) was the foundational case for native title in Australia. In 1992
861-565: A critical role in managing and surveying heritage locations. On 8 August 2023, the premier of Western Australia announced that the act would be repealed and the 1972 act reinstated and amended. The amended 1972 law came into effect in Western Australia on November 15, 2023. One change is the new statutory Aboriginal Cultural Heritage Committee, with majority aboriginal membership. It will make recommendations to government on “Section 18” decisions regarding aboriginal sites. The first test of
984-531: A determination, Prescribed Bodies Corporate are entered onto the NNTR. At this point, the corporation becomes a Registered Native Title Body Corporate (RNTBC). On 1 July 2011, the 160 registered determinations of native title covered some 1,228,373 km (474,277 sq mi) (approximately 16 per cent) of the land mass of Australia; and registered Indigenous land use agreements (ILUAs) covered about 1,234,129 km (476,500 sq mi) (about 16 per cent) of
1107-582: A full sitting of the Federal Court and then to the High Court of Australia . The National Native Title Tribunal (NNTT), established under the Native Title Act 1993 , is a body that applies the "registration test" to all new native title claimant applications, and undertakes future act mediation and arbitral functions. The Attorney-General's Department advises the Australian Government on legal and legal-policy regarding on native title, and assists
1230-635: A number of clan groups of Aboriginal people to an area of seas and sea-beds surrounding Croker Island in the Northern Territory. It was the first judgment by the High Court of native title over waters. The judge, Olney J, determined that members of the Croker Island community have a native title right to have free access to the sea and sea-bed of the claimed area for a number of purposes. The case established that traditional owners do have native title of
1353-557: A package of coordinated measures and technical amendments to improve the performance of the native title system. These are aimed at making the native title process more efficient and to speed up the determination of whether native title exists on the 580 claims that had been registered but not yet determined. The Native Title Act 1993 was further amended by the Rudd government by the Native Title Amendment Act 2009 . It allows
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#17328523504081476-462: A part of Australian common law with the decision of Mabo v Queensland (No 2) in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993 . The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title and sovereignty to
1599-513: A result of melting ice, the land has continued to rise yearly in Scandinavia, mostly in northern Sweden and Finland, where the land is rising at a rate of as much as 8–9 mm per year, or 1 m in 100 years. This is important for archaeologists, since a site that was coastal in the Nordic Stone Age now is inland and can be dated by its relative distance from the present shore. The term Würm
1722-818: A result of the recognition, under Australian common law, of pre-existing Indigenous rights and interests according to traditional laws and customs . Native title is not a grant or right created by governments. The Aboriginal Land Rights Act 1976 (see below) covers the granting of land to Aboriginal Land Trusts; setting up Aboriginal land councils ; mineral rights; decision-making processes for dealing with land; dealing with income from land use agreements; and negotiations about leases for development on Aboriginal land. The Native Title Act 1993 (NTA) gives recognition that "Aboriginal and Torres Strait Islander people have rights to land, water and sea, including exclusive possession in some cases, but does not provide ownership". It allows for negotiations over land, but does not provide for
1845-403: A result, native title rights could co-exist, depending on the terms and nature of the particular pastoral lease. Where there was a conflict of rights, the rights under the pastoral lease would prevail over native title rights. The Wik decision led to amendments to the Native Title Act 1993 by the Native Title Amendment Act 1998 . This Act, also known as the "10 Point Plan", was introduced by
1968-613: A series of flaws in their systems, sharing of information, engaging with the Indigenous people and decision-making, and promised to implement new measures, including "the need for a greater prioritisation of partnerships and relationships with Traditional Owners and First Nations people from senior operational leaders and teams". On 11 September 2020, it was announced that, as a result of the destruction at Juukan Gorge, CEO Jean-Sebastien Jacques and two other Rio Tinto executives would step down. The National Native Title Council (NNTC) welcomed
2091-762: A still lesser extent, glaciers existed in Africa, for example in the High Atlas , the mountains of Morocco , the Mount Atakor massif in southern Algeria , and several mountains in Ethiopia . Just south of the equator, an ice cap of several hundred square kilometers was present on the east African mountains in the Kilimanjaro massif , Mount Kenya , and the Rwenzori Mountains , which still bear relic glaciers today. Glaciation of
2214-594: Is derived from a river in the Alpine foreland, roughly marking the maximum glacier advance of this particular glacial period. The Alps were where the first systematic scientific research on ice ages was conducted by Louis Agassiz at the beginning of the 19th century. Here, the Würm glaciation of the LGP was intensively studied. Pollen analysis , the statistical analyses of microfossilized plant pollens found in geological deposits, chronicled
2337-502: Is granted, specific rights are decided on a case-by-case basis, and may only sometimes includes freehold title. Australia did not experience litigation involving Aboriginal native title until the 1970s, though several earlier cases tangentially involved issues of native title. In 1835, John Batman purported to sign Batman's Treaty with Aboriginal elders in the Port Phillip District . Governor Bourke declared Batman's Treaty
2460-422: Is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before
2583-548: Is recognised under Australian law (s 223 NTA). Commonwealth Government's indigenous.gov.au website: Native title is the recognition in Australian law, under common law and the Native Title Act 1993 (Cth), of Indigenous Australians' rights and interests in land and waters according to their own traditional laws and customs. Native title has also been described as a "bundle of rights" in land, which may include such rights as camping, performing ceremony , etc. If native title
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#17328523504082706-516: Is the right to hunt, gather, teach and perform cultural activities and ceremonies, and allow the young people to connect with their land. In March 2023, 8578.35 kilometres along the coast of the Grey River in Victoria. The case was the first Native Title case heard in the state of Victoria for 10 years. At the Federal Court at Warnambool designated the land as native title rights. Native title concerns
2829-595: The Attorney-General to administer the Native Title Act 1993 . According to the Attorney-General's Department: There are fundamental differences between land rights and native title . Land rights are rights created by the Australian , state or territory governments. Land rights usually consist of a grant of freehold or perpetual lease title to Indigenous Australians . By contrast, native title arises as
2952-967: The Central Rocky Mountains ), Wisconsinan or Wisconsin (in central North America), Devensian (in the British Isles), Midlandian (in Ireland), Würm (in the Alps ), Mérida (in Venezuela ), Weichselian or Vistulian (in Northern Europe and northern Central Europe), Valdai in Russia and Zyryanka in Siberia , Llanquihue in Chile , and Otira in New Zealand. The geochronological Late Pleistocene includes
3075-591: The Federal Court of Australia recognised the native title rights of the Gurindji people to 5,000 square kilometres (1,900 sq mi) of the Wave Hill Station, allowing them to receive royalties as compensation from resource companies who explore the area. Justice Richard White said that the determination recognised Indigenous involvement (Jamangku, Japuwuny, Parlakuna-Parkinykarni and Yilyilyimawu peoples) with
3198-456: The Fraser government as the Aboriginal Land Rights Act 1976 , which established a procedure to transfer almost 50 per cent of land in the Northern Territory (around 600,000 km2) to collective Aboriginal ownership. The Fraser government continued to implement many of the previous government's initiatives, under the description "self-management" rather than self-determination. In 1979, Paul Coe ,
3321-639: The Himalayas , and other formerly glaciated regions around the world. The glaciations that occurred during this glacial period covered many areas, mainly in the Northern Hemisphere and to a lesser extent in the Southern Hemisphere. They have different names, historically developed and depending on their geographic distributions: Fraser (in the Pacific Cordillera of North America), Pinedale (in
3444-520: The Howard government . The amendments substantially restricted Native Title by narrowing the right to negotiate and extinguishing Native Title on most pastoral and mining leases granted before 1994. Yorta Yorta v Victoria , addressed a native title claim by the Yorta Yorta Aboriginal people of north central Victoria , which was dismissed by Justice Olney of the Federal Court in 1998. Appeals to
3567-584: The Kimberley region, south of Broome . Land rights were recognised over 31,000 square kilometres (12,000 sq mi) of land (half the size of Tasmania) via an ILUA on 5 July 2011. In May 2004, following the passage of special legislation, South Australian Premier Mike Rann handed back title to 21,000 square kilometres of land to the Maralinga Tjarutja and Pila Nguru people. The land, 1,000 kilometres (620 mi) north-west of Adelaide and abutting
3690-542: The Last Glacial Maximum occurring between 26,000 and 20,000 years ago. While the general pattern of cooling and glacier advance around the globe was similar, local differences make it difficult to compare the details from continent to continent (see picture of ice core data below for differences). The most recent cooling, the Younger Dryas , began around 12,800 years ago and ended around 11,700 years ago, also marking
3813-591: The Late Pleistocene . The LGP is part of a larger sequence of glacial and interglacial periods known as the Quaternary glaciation which started around 2,588,000 years ago and is ongoing. The glaciation and the current Quaternary Period both began with the formation of the Arctic ice cap . The Antarctic ice sheet began to form earlier, at about 34 Mya, in the mid- Cenozoic ( Eocene–Oligocene extinction event ), and
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3936-585: The Lesotho Highlands and parts of the Drakensberg . The development of glaciers was likely aided in part due to shade provided by adjacent cliffs. Various moraines and former glacial niches have been identified in the eastern Lesotho Highlands a few kilometres west of the Great Escarpment , at altitudes greater than 3,000 m on south-facing slopes. Studies suggest that the annual average temperature in
4059-536: The National Native Title Tribunal . After the Mabo decision it was uncertain as to whether the granting of pastoral leases would extinguish native title. The Wik Decision in 1996 clarified the uncertainty. The court found that the statutory pastoral leases (which cover some 40% of the Australian land mass) under consideration by the court did not bestow rights of exclusive possession on the leaseholder. As
4182-526: The Native Title Act by the Australian Law Reform Commission reported that "Courts have indicated that native title is not to be understood in terms equivalent to common law property interests, but they often still tend to draw on these concepts... The prevailing view of the nature and content of native title is hybrid, drawing on traditional laws and customs for content, but also at times idiosyncratically adopting common law terms to describe
4305-663: The Northern Territory . Prime Minister Gough Whitlam introduced a new policy of Aboriginal self-determination , and initiatives such as the Aboriginal Land Fund and the National Aboriginal Consultative Committee was set up. The latter consisted of elected Aboriginal representatives, who would advise the Minister of Aboriginal Affairs. The Whitlam government introduced legislation later passed by
4428-697: The Owen Stanley Range , and the Saruwaged Range . Mount Giluwe in the Central Cordillera had a "more or less continuous ice cap covering about 188 km and extending down to 3200-3500 m". In Western New Guinea , remnants of these glaciers are still preserved atop Puncak Jaya and Ngga Pilimsit . Small glaciers developed in a few favorable places in Southern Africa during the last glacial period. These small glaciers would have been located in
4551-688: The Sierra Nevada in northern California . In northern Eurasia, the Scandinavian ice sheet once again reached the northern parts of the British Isles , Germany , Poland , and Russia, extending as far east as the Taymyr Peninsula in western Siberia. The maximum extent of western Siberian glaciation was reached by about 18,000 to 17,000 BP, later than in Europe (22,000–18,000 BP). Northeastern Siberia
4674-704: The Supreme Court of the Northern Territory , Justice Richard Blackburn explicitly rejected the concept of native title, ruling against the claimants on a number of issues of law and fact. In the wake of Milirrpum and the election of the Whitlam government in 1972, the Aboriginal Land Rights Commission (also known as the Woodward Royal Commission) was established in 1973 to inquire into appropriate ways to recognise Aboriginal land rights in
4797-702: The Upper Mississippi River , which in turn was formed during an earlier glacial period. In its retreat, the Wisconsin episode glaciation left terminal moraines that form Long Island , Block Island , Cape Cod , Nomans Land , Martha's Vineyard , Nantucket , Sable Island , and the Oak Ridges Moraine in south-central Ontario, Canada. In Wisconsin itself, it left the Kettle Moraine . The drumlins and eskers formed at its melting edge are landmarks of
4920-595: The Western Australia border, was then called the Unnamed Conservation Park. It is now known as Mamungari Conservation Park . It includes the Serpentine Lakes , and was the largest land return since 1984. At the 2004 ceremony Rann said the return of the land fulfilled a promise he made to Archie Barton in 1991 when he was Aboriginal Affairs Minister, after he passed legislation to return lands including
5043-564: The grooves left by these glaciers can be easily observed. In southwestern Saskatchewan and southeastern Alberta, a suture zone between the Laurentide and Cordilleran ice sheets formed the Cypress Hills , which is the northernmost point in North America that remained south of the continental ice sheets. The Great Lakes are the result of glacial scour and pooling of meltwater at the rim of
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5166-576: The isostatically depressed area, a temporary marine incursion that geologists dub the Yoldia Sea . Then, as postglacial isostatic rebound lifted the region about 9500 BP, the deepest basin of the Baltic became a freshwater lake, in palaeological contexts referred to as Ancylus Lake , which is identifiable in the freshwater fauna found in sediment cores. The lake was filled by glacial runoff, but as worldwide sea level continued rising, saltwater again breached
5289-417: The Act, but the definition of an Aboriginal site had been changed over the years. Butler said that the ACMC had not been aware of the full significance of the Juukan Gorge sites when it was assessed in 2013. Submission 152 showed that Rio Tinto had received ministerial consent to damage the site in 2013 under Section 18 in the pursuit of expanding their iron ore mining operations. The PKKP had not objected to
5412-410: The Alpine foreland . Local ice fields or small ice sheets could be found capping the highest massifs of the Pyrenees , the Carpathian Mountains , the Balkan Mountains , the Caucasus , and the mountains of Turkey and Iran . In the Himalayas and the Tibetan Plateau , there is evidence that glaciers advanced considerably, particularly between 47,000 and 27,000 BP, but the exact ages, as well as
5535-524: The Center for Arctic Gas Hydrate, Environment and Climate at the University of Tromsø , published a study in June 2017 describing over a hundred ocean sediment craters, some 3,000 m wide and up to 300 m deep, formed by explosive eruptions of methane from destabilized methane hydrates , following ice-sheet retreat during the LGP, around 12,000 years ago. These areas around the Barents Sea still seep methane today. The study hypothesized that existing bulges containing methane reservoirs could eventually have
5658-425: The Crown; and rights over the land may range from access and usage rights to rights of exclusive possession. Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty; they are distinct from the rights granted by government such as statutory land rights of the kind found in the Land Rights Act . Native title rights and interests may exist over land and waters to
5781-505: The Federal Court to determine who may mediate a claim, whether that be the court itself, the Native Title Tribunal, or otherwise. Northern Territory v Mr Griffiths and Lorraine Jones was a 2018 High Court of Australia case, ruled in 2019, regarding land around Timber Creek, Northern Territory , involving a compensation claim by Ngaliwurru and Nungali lands surrounding Timber Creek. It related to various earlier cases since 1997. Described as "the most significant [case]… since Mabo ",
5904-507: The Federal Court, which may also order mediation by other agencies or persons. The purpose of mediation is to assist parties to clarify the issues in dispute, to explore options for settlement and to reach agreement. Mediation is a structured process, with the intention of a mutually agreed outcome rather than having a decision imposed by a judge. Alternative settlements (also termed "broader settlements" ) may be negotiated out of court, often being resolved more quickly and efficiently than via
6027-521: The Full Bench of the Federal Court in 2001, and the High Court in 2002 were also dismissed. The determination by Justice Olney in 1998 ruled that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. The 2002 High Court decision adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. Ward v Western Australia (1998) addressed an application made on behalf of
6150-474: The Greenland climate was dry during the LGP, with precipitation reaching perhaps only 20% of today's value. The name Mérida glaciation is proposed to designate the alpine glaciation that affected the central Venezuelan Andes during the Late Pleistocene. Two main moraine levels have been recognized - one with an elevation of 2,600–2,700 m (8,500–8,900 ft), and another with an elevation of 3,000–3,500 m (9,800–11,500 ft). The snow line during
6273-409: The High Court decided the Blue Mud Bay sea rights case , establishing a precedent for sea rights over an intertidal zone for the first time. The Yolngu people of Baniyala were involved in this case, which involved Blue Mud Bay in East Arnhem Land . In 2007 the Howard government passed the Native Title Amendment Act 2007 , and the Native Title Amendment (Technical Amendments) Act 2007,
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#17328523504086396-411: The High Court ruled for the first time on compensation for the extinguishment of native title in Australia. It is considered a "landmark" native title case, because the clauses contained within the Native Title Act 1993 pertaining to the determination of compensation payable due to the extinguishment of native title had never been heard before in the High Court. Yamatji Marlpa Aboriginal Corporation
6519-474: The Indigenous land use agreement or, in Victoria, a settlement under the Traditional Owner Settlement Act 2010 (TOSA). Alternative settlements agreements can be made alongside the Native Title Act , but usually the traditional owners are required to withdraw any existing native title claims. Such settlements can include any matters agreed to by all parties, which may included recognition of traditional owner rights, grants of freehold for specified purposes, or
6642-570: The LGP as the Devensian . Irish geologists, geographers, and archaeologists refer to the Midlandian glaciation, as its effects in Ireland are largely visible in the Irish Midlands . The name Devensian is derived from the Latin Dēvenses , people living by the Dee ( Dēva in Latin), a river on the Welsh border near which deposits from the period are particularly well represented. The effects of this glaciation can be seen in many geological features of England, Wales, Scotland, and Northern Ireland . Its deposits have been found overlying material from
6765-400: The Miriuwung and Gajerrong people of the east Kimberly, over land in Western Australia and the Northern Territory. Justice Malcolm Lee of the Federal Court ruled in their favour in recognition of the native title. Western Australia appealed the decision to the Full Court of the Federal Court, then to the High Court. The High Court held in Western Australia v Ward that native title is
6888-505: The North American Laurentide ice sheet. At the height of glaciation, the Bering land bridge potentially permitted migration of mammals, including people, to North America from Siberia . It radically altered the geography of North America north of the Ohio River . At the height of the Wisconsin episode glaciation, ice covered most of Canada, the Upper Midwest , and New England , as well as parts of Montana and Washington . On Kelleys Island in Lake Erie or in New York's Central Park ,
7011-410: The Polish River Vistula or its German name Weichsel). Evidence suggests that the ice sheets were at their maximum size for only a short period, between 25,000 and 13,000 BP. Eight interstadials have been recognized in the Weichselian, including the Oerel, Glinde, Moershoofd, Hengelo, and Denekamp. Correlation with isotope stages is still in process. During the glacial maximum in Scandinavia, only
7134-423: The Registrar of Aboriginal sites explained ( see submission 152) mentioned that the traditional owners didn't object to the blast before it was too late. Ministerial consent had been granted in 2013. After this aroused widespread international media coverage and public outcry, Rio Tinto apologised to the Puutu Kunti Kurrama and the Pinikura peoples for the destruction of the caves and for causing distress. The CEO of
7257-467: The Section 18, despite having taken part to the excavation works in 2009 (see Slack report above). On 9 December 2020, the inquiry published its interim report, entitled Never Again . The report "highlights the disparity in power between Indigenous peoples and industry in the protection of Indigenous heritage, and the serious failings of legislation designed to protect Indigenous heritage and promote Native Title ". Seven recommendations were made, including
7380-437: The Southern Hemisphere was less extensive. Ice sheets existed in the Andes ( Patagonian Ice Sheet ), where six glacier advances between 33,500 and 13,900 BP in the Chilean Andes have been reported. Antarctica was entirely glaciated, much like today, but unlike today the ice sheet left no uncovered area. In mainland Australia only a very small area in the vicinity of Mount Kosciuszko was glaciated, whereas in Tasmania glaciation
7503-399: The US case of Cherokee Nation v Georgia (1831) . However, the substantive issue of continuing land rights was not heard due to the lack of precision, vagueness and other serious deficiencies with the statement of claim presented to the court. Justice Gibbs said, at paragraph 21, 'The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia
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#17328523504087626-452: The Wisconsin episode. It began about 30,000 years ago, reached its greatest advance 21,000 years ago, and ended about 10,000 years ago. In northwest Greenland, ice coverage attained a very early maximum in the LGP around 114,000. After this early maximum, ice coverage was similar to today until the end of the last glacial period. Towards the end, glaciers advanced once more before retreating to their present extent. According to ice core data,
7749-485: The continuing connection of Indigenous People to land, independent from a grant from the Crown. Native title would continue to exist as long as traditional laws and customs continue to be observed, unless the rights were otherwise extinguished by an incompatible grant by the Crown. Justice Gerard Brennan in this landmark decision stated: However, when the tide of history has washed away any real acknowledgment of traditional law and any real observance of traditional customs,
7872-568: The court dispassionately, lucidly and in proper form'. The South Australian Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 was introduced by Premier Don Dunstan in November 1978, several months prior to his resignation from Parliament. An amended bill, following extensive consultation, was passed by the Tonkin Liberal government in March 1981. This legislation gave significant rights well in advance of any other to date in Australia. In 1981, SA Premier Tonkin returned 102,650 square kilometres (39,630 sq mi) of land (10.2% of
7995-445: The court process under the Native Title Act . They can give traditional owner group recognition in areas where native title rights have been extinguished, or where it is difficult for a group to prove that it persists. Such agreements are resolved through negotiation, and recognition of traditional ownership and various other land rights in land may be achieved without an actual native title determination. Examples of such arrangements are
8118-493: The decision of the High Court. The claimants reached an agreement about the claim area and a determination was made in 2003. "Exclusive possession native title was recognised over Lacrosse Island , Kanggurru Island, Aboriginal reserves within the Kununurra townsite, Glen Hill pastoral lease and Hagan Island. Non-exclusive rights were recognised over a number of areas including islands in Lake Argyle." Yarmirr v Northern Territory (2001), addressed an application made on behalf of
8241-456: The destruction of the Juukan caves. The "Inquiry into the destruction of 46,000-year-old caves at the Juukan Gorge in the Pilbara region of Western Australia" was referred to the Joint Standing Committee on Northern Australia on 11 June 2020, to report by 20 September 2020. Rio Tinto appeared before the inquiry in August and admitted that it did not advise the traditional owners of other options besides blasting. Senior executives did not learn of
8364-406: The destruction to occur suggested that processes failed at several levels, but mainly due to its "segmented organisational structure", a poor reporting structure, and Indigenous relations not being properly represented at a high enough level. Simon Thompson, chairman of Rio Tinto corporation, announced on 3 March 2021 that he would resign despite record profits. No politician was held accountable for
8487-400: The dramatic changes in the European environment during the Würm glaciation. During the height of Würm glaciation, c. 24,000 – c. 10,000 BP, most of western and central Europe and Eurasia was open steppe-tundra, while the Alps presented solid ice fields and montane glaciers. Scandinavia and much of Britain were under ice. During the Würm, the Rhône Glacier covered
8610-539: The end of the LGP and the Pleistocene epoch. It was followed by the Holocene , the current geological epoch . The LGP is often colloquially referred to as the "last ice age", though the term ice age is not strictly defined, and on a longer geological perspective, the last few million years could be termed a single ice age given the continual presence of ice sheets near both poles. Glacials are somewhat better defined, as colder phases during which glaciers advance, separated by relatively warm interglacials . The end of
8733-408: The extent that they are consistent with other rights established over the land by law or executive action. According to the National Native Title Tribunal (2013): "The native title rights and interests held by particular Aboriginal people will depend on both their traditional laws and customs and what interests are held by others in the area concerned. Generally speaking, native title must give way to
8856-536: The formation of a single contiguous ice sheet on the Tibetan Plateau, is controversial. Other areas of the Northern Hemisphere did not bear extensive ice sheets, but local glaciers were widespread at high altitudes. Parts of Taiwan , for example, were repeatedly glaciated between 44,250 and 10,680 BP as well as the Japanese Alps . In both areas, maximum glacier advance occurred between 60,000 and 30,000 BP. To
8979-523: The foundation of native title has disappeared. Thus although over some parts of Australia native title has been lost, in large areas of the nation's interior, native title could be recognised. As Justice Brennan stated in Mabo (No. 2) , "native title has its origin and is given its content by the traditional laws acknowledged by and the customs observed by the Aboriginal inhabitants of a territory". One year after
9102-455: The heads of several different people, about 4,000 years old. DNA testing revealed that the hair had belonged to the direct ancestors of Puutu Kunti Kurrama and Pinikura (PKKP) people alive today. PKKP heritage manager Heather Builth told Rio Tinto that the site was one of the "top five" most significant in the whole of the Pilbara region, and archaeologist Michael Slack had told them that one of
9225-423: The interaction of two systems of law: Native title is the term adopted in Australian law to describe the rights to land and waters possessed by Indigenous Australians under their customary laws that are recognised by the Australian legal system. Native title is able to be possessed by a community or individual depending on the content of the traditional laws and customs; it is inalienable other than by surrender to
9348-453: The iron ore group apologised on behalf of the company on 17 June. The National Native Title Council (NNTC) issued a request to the federal government asking for national legislation for Indigenous cultural heritage. A Rio Tinto board internal review under Michael L'Estrange , an independent non-executive director of Rio Tinto and former Australian high commissioner to the UK, ascribed the mistake to
9471-469: The land "at least since European settlement and probably for millennia". The court sitting took place nearly 800 kilometres (500 mi) south of Darwin, and descendants of Vincent Lingiari and others involved in the Wave Hill walk-off celebrated the determination. The owners will participate in the mining negotiations and exploration work, from which royalties may flow in the future, but just as important
9594-495: The land by the Crown . Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title rights over the same land. The Federal Court of Australia arranges mediation in relation to claims made by Aboriginal and Torres Strait Islander peoples, and hears applications for, and makes, native title determinations. Appeals against these determinations can be made to
9717-599: The land mass, as well as about 5,435 km (2,098 sq mi) of sea. Native title in Australia frequently involves mediation between native title parties and other groups with an interest in native title, such as the Australian Government, state and territory governments, miners and pastoralists. Amendments to the NTA made in 2012 meant that the NNTT would henceforth only conduct native title claim mediation by referral from
9840-597: The larger community. The full report 'A Way Forward' was published in 2021 on 18 October 2021. In 2021, the Aboriginal Cultural Heritage Act 2021 was passed, superseding the Aboriginal Heritage Act 1972 from 1 July 2023. The new act puts traditional owners at the centre of the decision-making process about heritage management. In this act, Local Aboriginal Cultural Heritage Services, native title and other Aboriginal corporations will play
9963-499: The last glacial advance was lowered approximately 1,200 m (3,900 ft) below the present snow line, which is 3,700 m (12,100 ft). The glaciated area in the Cordillera de Mérida was about 600 km (230 sq mi); this included these high areas, from southwest to northeast: Páramo de Tamá, Páramo Batallón, Páramo Los Conejos, Páramo Piedras Blancas, and Teta de Niquitao. Around 200 km (77 sq mi) of
10086-545: The last glacial maximum, the Patagonian ice sheet extended over the Andes from about 35°S to Tierra del Fuego at 55°S. The western part appears to have been very active, with wet basal conditions, while the eastern part was cold-based. Cryogenic features such as ice wedges , patterned ground , pingos , rock glaciers , palsas , soil cryoturbation , and solifluction deposits developed in unglaciated extra-Andean Patagonia during
10209-502: The last glacial period, which was about 10,000 years ago, is often called the end of the ice age, although extensive year-round ice persists in Antarctica and Greenland . Over the past few million years, the glacial-interglacial cycles have been "paced" by periodic variations in the Earth's orbit via Milankovitch cycles . The LGP has been intensively studied in North America, northern Eurasia,
10332-645: The last glaciation, but not all these reported features have been verified. The area west of Llanquihue Lake was ice-free during the last glacial maximum, and had sparsely distributed vegetation dominated by Nothofagus . Valdivian temperate rain forest was reduced to scattered remnants on the western side of the Andes. Traditional owner Native title is the set of rights, recognised by Australian law , held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as
10455-607: The late glacial (Weichselian) and the immediately preceding penultimate interglacial ( Eemian ) period. Canada was almost completely covered by ice, as was the northern part of the United States , both blanketed by the huge Laurentide Ice Sheet . Alaska remained mostly ice free due to arid climate conditions. Local glaciations existed in the Rocky Mountains and the Cordilleran ice sheet and as ice fields and ice caps in
10578-665: The law came in February 2024 with an incident violating the new law, regarding waterways in Shire of Toodyay . Last Glacial Period The Last Glacial Period ( LGP ), also known as the Last glacial cycle , occurred from the end of the Last Interglacial to the beginning of the Holocene , c. 115,000 – c. 11,700 years ago, and thus corresponds to most of the timespan of
10701-450: The lower Connecticut River Valley . In the Sierra Nevada , three stages of glacial maxima, sometimes incorrectly called ice ages , were separated by warmer periods. These glacial maxima are called, from oldest to youngest, Tahoe, Tenaya, and Tioga. The Tahoe reached its maximum extent perhaps about 70,000 years ago. Little is known about the Tenaya. The Tioga was the least severe and last of
10824-448: The main Wisconsin glacial advance. The upper level probably represents the last glacial advance (Late Wisconsin). The Llanquihue glaciation takes its name from Llanquihue Lake in southern Chile , which is a fan-shaped piedmont glacial lake. On the lake's western shores, large moraine systems occur, of which the innermost belong to the LGP. Llanquihue Lake's varves are a node point in southern Chile's varve geochronology . During
10947-479: The massive Missoula Floods . USGS geologists estimate that the cycle of flooding and reformation of the lake lasted an average of 55 years and that the floods occurred about 40 times over the 2,000-year period starting 15,000 years ago. Glacial lake outburst floods such as these are not uncommon today in Iceland and other places. The Wisconsin glacial episode was the last major advance of continental glaciers in
11070-589: The members of the Inquiry were: There were 160 submissions received by the committee between June and November 2020. Tanya Butler, who was WA registrar of Aboriginal heritage sites and secretariat of the Aboriginal Cultural Materials Committee (ACMC), was questioned by Warren Entsch during the inquiry. The ACMC is responsible under the Aboriginal Heritage Act 1972 for assessing applications to disturb Aboriginal heritage sites under Section 18 of
11193-502: The mountains of Southern Africa was about 6 °C colder than at present, in line with temperature drops estimated for Tasmania and southern Patagonia during the same time. This resulted in an environment of relatively arid periglaciation without permafrost , but with deep seasonal freezing on south-facing slopes. Periglaciation in the eastern Drakensberg and Lesotho Highlands produced solifluction deposits and blockfields ; including blockstreams and stone garlands. Scientists from
11316-499: The move, but said that there should be an independent review into the company's procedures and culture to ensure that such an incident could never happen again. Rio Tinto admitted their error, issued an apology via media and on their website, and also committed to building relationships with the traditional owners as well as getting Indigenous people into leadership roles in the company. One analysis of what went wrong in Rio Tinto to allow
11439-513: The nature or character of the rights". It is a complex area of law. The Act continues to be reviewed and amended. The National Native Title Register (NNTR), maintained by the NNTT, is a register of approved native title determinations. A determination can be that native title does or does not exist. As part of the determination of native title, native title groups are required to nominate a Native Title Prescribed Body Corporate to hold (as trustee) or manage (as agent) their native title. Following
11562-719: The preceding Ipswichian stage and lying beneath those from the following Holocene , which is the current stage. This is sometimes called the Flandrian interglacial in Britain. The latter part of the Devensian includes pollen zones I–IV, the Allerød oscillation and Bølling oscillation , and the Oldest Dryas , Older Dryas , and Younger Dryas cold periods. Alternative names include Weichsel glaciation or Vistulian glaciation (referring to
11685-486: The proglacial rivers' shifting and redepositing gravels. Beneath the surface, they had profound and lasting influence on geothermal heat and the patterns of deep groundwater flow. The Pinedale (central Rocky Mountains) or Fraser (Cordilleran ice sheet) glaciation was the last of the major glaciations to appear in the Rocky Mountains in the United States. The Pinedale lasted from around 30,000 to 10,000 years ago, and
11808-517: The receding ice. When the enormous mass of the continental ice sheet retreated, the Great Lakes began gradually moving south due to isostatic rebound of the north shore. Niagara Falls is also a product of the glaciation, as is the course of the Ohio River, which largely supplanted the prior Teays River . With the assistance of several very broad glacial lakes, it released floods through the gorge of
11931-525: The recognition of the legal concept of native title in Mabo , the Keating government formalised the recognition by legislation with the enactment by the Australian Parliament of the Native Title Act 1993 . The Act attempted to clarify the legal position of landholders and the processes to be followed for native title to be claimed, protected and recognised through the courts. The Act also established
12054-650: The rejection of native title in Milirrpum v Nabalco was overruled by the High Court in Mabo v Queensland (No 2) , which recognised the Meriam people of Murray Island (Mer) in the Torres Strait as native title holders over part of their traditional lands. The Court rejected the notion that all Indigenous rights to land were abolished upon acquisition of sovereignty over Australia. The Court held that native title rights continued to exist, and that these rights existed by virtue of
12177-662: The rights held by others. The capacity of Australian law to recognise the rights and interests held under traditional law and custom will also be a factor... The source of native title is the system of traditional laws and customs of the native title holders themselves." Native title rights and interests may include the right to live in an area or to access it for traditional purposes; to visit and protect sacred sites; to hunt, fish or gather resources; or to teach law and custom. Exclusive possession can only be recognised over certain parts of Australia, such as vacant Crown land , or areas already held by Indigenous Australians. A 2015 review of
12300-553: The rock shelters, Juukan 2, was of "the highest archaeological significance in Australia", saying that its significance "could not be overstated", being "[the only] site of this age with faunal remains in unequivocal association with stone tools ". The cave was ultimately destroyed with explosives on 24 May 2020 as part of Rio Tinto's expansion of the Brockman 4 mine . This was despite the PKKP having said many times that they wanted to preserve
12423-600: The sacred Ooldea area (which also included the site of Daisy Bates ' mission camp) to the Maralinga Tjarutja people. The Maralinga Tjarutja lands now total 102,863 square kilometres. The Aboriginal peoples of the Wimmera region of Western Victoria won recognition of their native title on 13 December 2005 after a ten-year legal process commenced in 1995 when they filed an application for a determination of native title in respect of certain land and waters in Western Victoria. It
12546-399: The same fate. During the last glacial period, Antarctica was blanketed by a massive ice sheet, much as it is today. The ice covered all land areas and extended into the ocean onto the middle and outer continental shelf. Counterintuitively though, according to ice modeling done in 2002, ice over central East Antarctica was generally thinner than it is today. British geologists refer to
12669-470: The sea and sea-bed; however common law rights of fishing and navigation mean that only non-exclusive native title can exist over the sea. The decision paved the way for other native title applications involving waters to proceed. Nangkiriny v State of Western Australia (2002 & 2004), in which John Dudu Nangkiriny and others were plaintiffs, were cases addressing the claims of the Karajarri people in
12792-549: The significance of the site until 21 May. The chair, Liberal MP Warren Entsch , requested permission from WA Premier Mark McGowan for a small group of politicians and staff to travel to the region in order to have face-to-face hearings with traditional owners early in September. Hansard will ensure accurate reporting of the meetings, and extra precautions are necessary because of the COVID-19 pandemic in Australia . Apart from Entsch,
12915-466: The sill about 8000 BP, forming a marine Littorina Sea , which was followed by another freshwater phase before the present brackish marine system was established. "At its present state of development, the marine life of the Baltic Sea is less than about 4000 years old", Drs. Thulin and Andrushaitis remarked when reviewing these sequences in 2003. Overlying ice had exerted pressure on the Earth's surface. As
13038-503: The site and having issued an urgent request to halt the blasts five days beforehand. The Aboriginal Heritage Act 1972 (WA) does not allow for mining consent to be renegotiated on the basis of new information, and the blasting was legal under a Section 18 exemption in the Act. WA Aboriginal Affairs Minister Ben Wyatt was as of August 2020 reviewing the Act. During the Parliamentary inquiry,
13161-454: The site in 2013 in the pursuit of expanding their iron ore mining operations. A year later, an archaeological dig discovered the site was much older than previously thought, at around 46,000 years old, and rich in artefacts including animal bones in middens showing changes in the local fauna, grindstones and various sacred objects . One particularly significant finding was a length of plaited human hair, woven together from strands from
13284-573: The state's land area) to the Pitjantjara and Yankunytjatjara people. However, it did not give the people the power of veto over mining activities; any disputes would need to be resolved by an independent arbitrator. In 1984 Premier John Bannon 's Labor government passed legislation to return lands to the Maralinga Tjarutja people. The legislation was proclaimed in January 1985 and was followed by
13407-476: The surrounding ice sheets. According to the sediment composition retrieved from deep-sea cores , even times of seasonally open waters must have occurred. Outside the main ice sheets, widespread glaciation occurred on the highest mountains of the Alpide belt . In contrast to the earlier glacial stages, the Würm glaciation was composed of smaller ice caps and mostly confined to valley glaciers, sending glacial lobes into
13530-588: The term Late Cenozoic Ice Age is used to include this early phase with the current glaciation. The previous ice age within the Quaternary is the Penultimate Glacial Period , which ended about 128,000 years ago, was more severe than the Last Glacial Period in some areas such as Britain, but less severe in others. The last glacial period saw alternating episodes of glacier advance and retreat with
13653-447: The total glaciated area was in the Sierra Nevada de Mérida , and of that amount, the largest concentration, 50 km (19 sq mi), was in the areas of Pico Bolívar , Pico Humboldt [4,942 m (16,214 ft)], and Pico Bonpland [4,983 m (16,348 ft)]. Radiocarbon dating indicates that the moraines are older than 10,000 BP, and probably older than 13,000 BP. The lower moraine level probably corresponds to
13776-589: The western parts of Jutland were ice-free, and a large part of what is today the North Sea was dry land connecting Jutland with Britain (see Doggerland ). The Baltic Sea , with its unique brackish water , is a result of meltwater from the Weichsel glaciation combining with saltwater from the North Sea when the straits between Sweden and Denmark opened. Initially, when the ice began melting about 10,300 BP, seawater filled
13899-713: The whole western Swiss plateau, reaching today's regions of Solothurn and Aargau. In the region of Bern, it merged with the Aar glacier. The Rhine Glacier is currently the subject of the most detailed studies. Glaciers of the Reuss and the Limmat advanced sometimes as far as the Jura. Montane and piedmont glaciers formed the land by grinding away virtually all traces of the older Günz and Mindel glaciation, by depositing base moraines and terminal moraines of different retraction phases and loess deposits, and by
14022-712: Was "void and of no effect as against the rights of the Crown" and declared any person on "vacant land of the Crown" without authorization from the Crown to be trespassing. The proclamation was approved by the Colonial Office. The official objection to the Treaty was that Batman had attempted to negotiate directly with the Aboriginal people, whom the British did not recognise as having any claim to any lands in Australia. In 1971, in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case") in
14145-405: Was a disaster for our nation and the world". The inquiry investigated the failings of state and Commonwealth heritage protection laws, as Rio Tinto's action was technically legal, after they had obtained permission in 2013, under Section 18 of WA's Aboriginal Heritage Act 1972 to go ahead with their blasting operations. The process included discussions with Aboriginal people, industry experts, and
14268-590: Was an ancient site that had been excavated several times with the help of the traditional owners of the land, the Puutu Kunti Kurrama and Pinikura (Binigura) peoples. The archaeological significance of the Juukan Gorge was known at least since 2009, when Slack et al. reported on the "two rock shelters with Aboriginal occupation starting at least 32,000 years ago and extending throughout the Last Glacial period". Rio Tinto received ministerial consent to mine
14391-458: Was at its greatest extent between 23,500 and 21,000 years ago. This glaciation was somewhat distinct from the main Wisconsin glaciation, as it was only loosely related to the giant ice sheets and was instead composed of mountain glaciers, merging into the Cordilleran ice sheet. The Cordilleran ice sheet produced features such as glacial Lake Missoula , which broke free from its ice dam, causing
14514-645: Was concerned that essential work on infrastructure would be unnecessarily delayed. The report also recommends that the Western Australian Government review and reform the current state heritage laws, and that the federal government review the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 . It also outlines deficiencies in the WA Act. After the publication of the report, Senator Pat Dodson tweeted "The destruction of these ancient sites
14637-612: Was involved in a large native title claim from 1996, based on the Native Title Act 1993 , resulting in an historic determination in February 2020, involving both native title and an ILUA, covering an area of 48,000 square kilometres (19,000 sq mi) in Western Australia. A claim was lodged in 2016 by the Central Land Council on behalf of the Gurindji peoples in the area, as there were mining interests in area covered by Wave Hill Station 's pastoral lease. On 8 September 2020,
14760-461: Was more widespread. An ice sheet formed in New Zealand, covering all of the Southern Alps, where at least three glacial advances can be distinguished. Local ice caps existed in the highest mountains of the island of New Guinea , where temperatures were 5 to 6 °C colder than at present. The main areas of Papua New Guinea where glaciers developed during the LGP were the Central Cordillera ,
14883-501: Was not covered by a continental-scale ice sheet. Instead, large, but restricted, icefield complexes covered mountain ranges within northeast Siberia, including the Kamchatka-Koryak Mountains. The Arctic Ocean between the huge ice sheets of America and Eurasia was not frozen throughout, but like today, probably was covered only by relatively shallow ice, subject to seasonal changes and riddled with icebergs calving from
15006-521: Was the first judgment recognising native title over a capital city and its surroundings. The claim area itself is part of a much larger area included in the "Single Noongar Claim", covering the south-western corner of Western Australia. An appeal was subsequently lodged and in 2008 the Full Court of the Federal Court upheld parts of the appeal by the Western Australian and Commonwealth governments against Justice Wilcox's judgment. The 2008 decision by
15129-622: Was the first successful native title claim in south-eastern Australia and in Victoria, determined by Justice Ron Merkel involving Wotjobaluk, Jaadwa, Jadawadjali , Wergaia and Jupagalk people. In his reasons for judgment Justice Merkel explained the significance of his orders: In 2005 the Federal Court brought down a judgment recognising the native title of the Noongar people over the Perth metropolitan area. Justice Wilcox found that native title continues to exist within an area in and around Perth. It
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