"Doomsday", "extinction" and "silenced" were words that rang out during the historic Yule River meeting held in the Pilbara last week as the Aboriginal Culture Heritage Bill 2021 was put to the region's traditional owners.

In a dry creek bed ,just south of Port Hedland, about 200 Aboriginal people gathered to discuss the bill, which could ultimately decide the preservation of their culture.

At the end of the day, a vote was taken and the proposed bill was unanimously rejected.

However, the decision now lies with Western Australia's newly appointed Aboriginal Affairs Minister, Stephen Dawson, who expects to introduce the bill some time this year.

If passed into law, the bill will replace the outdated Aboriginal Heritage Act 1972.

The latter has been scrutinised since the destruction of the 46,000-year-old, culturally significant rock shelters at Juukan Gorge last year by mining giant Rio Tinto.

Absent: legal right to say no

For Kariyarra elder Patricia Mason, the right to veto is a human right, and if Aboriginal people cannot say no to a mining proposal, she says her culture will be destroyed.

The draft bill does not provide Aboriginal people with an absolute power of veto. However, it affords all parties involved an equal right of review.

Mrs Mason likened it to "doomsday".

"It is discriminative. It is denying us our human rights and it supports mining companies.

"Juukan Gorge was enough for Premier Mark McGowan to say, 'It'll never happen again'.

"So, where is the protection to say that we are the First Nations, we should be considered, respected and our say should be heard."

Mr Dawson said a power of veto would be a disincentive to agreement-making and discourage positive relationship-building between traditional owners and land users.

Mrs Mason acknowledged the economic stimulus but questioned the ethics.

"Yes, the vast emphasis is on the importance of the economy, but where are our lives in this," she said.

"We are being destroyed and we are standing in the Yule River today to say, 'Enough is enough'."

Government to make final decision

The new bill aims to be clearer in defining how land users and traditional owners can work together to identify cultural heritage areas, to manage and conserve them.

However, Palyku and Kariyarra woman Raylene Button said the process was flawed.

"It is the decision-making process that is of most concern," she said.

"The fact that we still have an overarching government that makes all our decisions and can override important decisions over our heritage is wrong.

For activities that may impact cultural heritage, it will be a statutory requirement that land users undertake consultation with traditional owners that is based on informed consent.

The bill will also establish a tiered approval system that considers the proposed land use and level of potential heritage impact.

However, ultimately, the Minister for Aboriginal Affairs will have the authority to make the final decision.

Mrs Button said being silenced was not an option.

"For us, we just want to know that the government is listening," she said.

"I mean, you can hear us but are you listening to us, to our people, to our community.

"We want to see changes, we want action."

'We are rejecting the bill'

Njamal elder Doris Eaton rejected the bill because, she said, saving Aboriginal cultural heritage was imperative for the longevity of the next generation.

Mrs Eaton said both parties needed to work together.

"We live in the Pilbara, we breath the air and we see what's going around," Mrs Eaton said.

"We see what is being destroyed. But we are not saying no to mining.

Minister a no-show

Due to the original date being changed, Minister Dawson was unable to attend the Yule River meeting this year.

In response to the unanimous rejection, Minister Dawson said the bill would still be introduced.

"While there are always loud voices that can dominate such an emotionally charged debate, I'm buoyed by conversations I've had with the broader Aboriginal community," Minister Dawson said.

"The people are confident this vital legislation represents once-in-a-generation change and will transform the way the Aboriginal community, industry and the government of Western Australia deal with Aboriginal heritage."

The final drafting of the bill is still under way before going to Cabinet for final approval.

The state government intends to introduce the Aboriginal Cultural Heritage Bill 2021 in later this year.