A framework to verify connection to Country for cultural heritage claims could be introduced as part of an overhaul of Commonwealth protection laws.
Federal Environment minister Murray Watt is planning to introduce major changes to the Aboriginal and Torres Strait Islander Heritage Protection Act, that would include abolishing the practice of allowing any Indigenous person or group to make cultural heritage protection claims across the states and Northern Territory.
The issue was first raised in the National Indigenous Times six months ago after a joint proposal by the Minerals Council of Australia and First Nations Heritage Protection Alliance.
The in-principal agreement last May is understood to have the support of Senator Watt and would result in the person or group seeking to block a project, subject to a framework that verifies who they are, and whether it is appropriate for them to make a claim in that particular area, according to The Australian.
The pact declared by land councils, Traditional Owners and industry could address concerns groups with unverified cultural claims are using current legislation to block or delay projects the relevant Traditional Owner groups support.
The FNHPA worked alongside MCA on the proposed changes to the Commonwealth laws after a damning Federal inquiry and other probes on Rio Tinto's devastating but technically legal destruction in 2020 of Juukan Gorge, a sacred cultural site for the Puutu Kunti Kurrama and Pinikura people.
All investigations found flaws in current Federal cultural heritage protection legislation.
First Nations Heritage Protection Alliance co-chair Leon Yeatman, a proud Gunggandji man from Yarrabah, said in May that Traditional Owners and the mining industry had worked hard to find common ground.
"These cultural sites are not only sacred to Aboriginal people; they should also be sites of national pride... as proof of the world's oldest continuous culture," Mr Yeatman said.
Rio Tinto's destruction of the Juukan Gorge caves in the Pilbara - and subsequent widespread and overwhelming condemnation - reinforced the urgent need for reform of Australia's cultural laws.
"A starting place for that is identifying in our laws who speaks for Country, and a streamlined process for engaging with those that have Cultural authority in a particular region," Mr Yeatman said.
"This will provide protection and certainty for community and industry so business can create new economic assets and opportunities, while protecting our cultural assets."
The PKKP recently signed a landmark agreement with Rio Tinto to take control of heritage management of projects on Country.
"We have taken control of heritage management on PKKP Country so that we are doing the work of the government and that our agreements make up for the flaws of the legislation," the organisation said.
Minerals Council of Australia CEO Tania Constable said there was broad agreement on legislative changes and it was now only waiting for the government to propose reforms.
"They can provide a once-in-a-generation change... and see this as a genuine opportunity for healing," Ms Constable said.
A Federal government spokesperson said it was still committed to reforming the 1984 ATSIHP Act, with collaboration with the Alliance.
"We are progressing work to strengthen and modernise Commonwealth cultural heritage protection law in partnership with the First Nations Heritage Protection Alliance."