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The 2020 blasting of Juukan Gorge caused an outcry.Credit:PKKP Aboriginal Corporation

Hayes said the Juukan Gorge Legacy Foundation would focus on social and economic programs including training,business development,heritage preservation and advocacy.

Hayes said the PKKP had chosen not to provide any financial details of the foundation,which should not be regarded as compensation.

“Nothing can compensate for or replace the loss suffered at Juukan Gorge,so this is an outcome-orientated legacy to ensure something positive will come from it for years to come,” Hayes said.

Rio Tinto chief executive Jakob Stausholm thanked the PKKP people,their elders,and the corporation for its role in negotiating the agreement.

“We fell far short of our values as a company and breached the trust placed in us by the PKKP people by allowing the destruction of the Juukan Gorge rock shelters,” he said.

The PKKP Aboriginal Corporation said it was in advanced negotiations with Rio Tinto on an agreement to co-manage mining.

Jack Cullity,a lawyer with Mining and Heritage Legal,said the agreement showed collaboration between companies and traditional owners was essential to protect cultural heritage.

“There are major changes on the horizon for explorers,mining and resources companies and other organisations that have a footprint on traditional lands and seas,” he said.

The destruction of Juukan Gorge was legal under section 18 of the WA Aboriginal heritage legislation in force at the time. New legislation that will come into force in 2023 still leaves the final decision on whether heritage can be destroyed to the WA Minister for Aboriginal Affairs who must consider “what is in the interests of the state”.

Under the older legislation in the 12 years to 2021,out of 1009 section 18 applicationsjust four were rejected by the minister.

Last week,the federal government released its response to the federal parliamentary inquiry into Juukan Gorge,vowing to make traditional owners “primary decision-makers” on projects on their ancestral land and boost federal powers to override state approvals.

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