Resolving Cultural Heritage and Development Conflicts on Indigenous Lands:

Finding  Sustainable Solutions

Based on Traditional Knowledge and Western Science

(Posted 14 September 2024)

1.0  The recent decision to shut down the tailings dam for the Regis Resources’ Gold Mine Project has ignited controversy. The challenge for resolving the conflict resonates with the statement made by the Federal Environment Minister who made the gold mine decision: -

"Protecting cultural heritage and development are not mutually exclusive;

we can have both, but projects have to be well-designed.”

2.0   There is now  community concern that history may repeat in Australia, where development projects are proposed on Indigenous owned and controlled lands.

3.0 Environmental assessments of conflicts over cultural heritage and development on Indigenous lands requires a transparent process that facilitates decision-making: A process for finding sustainable solutions that integrates Traditional knowledge and Western science within a framework of sustainable development.

4.0 In this regard, the cross-cultural model arising under the US statute, the National Environmental Policy Act of 1969, provides the pathway for environmental assessments. Where the assessment undertaken extends to finding sustainable solutions, the decision-making outcome would recognize that "protecting cultural heritage and development are not mutually exclusive."

5.0  Dr Ted Christie first widened the debate on the  scope  for sustainable development to resolve land use conflicts on Indigenous lands in Australia as an Invited Keynote speaker at the National Native Title Law Summit, hosted by LexisNexis (15-16 July 2009). The title of Ted’s address was: “The Interface between Native Title and Environmental Legislation for Managing and Resolving Land Use Conflicts”.

An updated version of Ted’s PowerPoint presentation (14 slides)

that was given at the 2009 Summit outlines how the US cross-cultural model

could be applied for finding sustainable solutions

for resolving cultural heritage and development conflicts -

such as the Regis gold mine project.

IT CAN BE DOWNLOADED BY CLICKING ON THE FOLLOWING LINK.

Dr Ted Christie is a past Fulbright Professional Scholar (Practising Lawyer ~ Environmental Law).  Fulbright is the most widely recognized international exchange program in the world.

During the time Ted was in professional legal practice in Australia,

Ted was a member of the National Environmental Law Association of USA.