After the two-day hearing at Gunlom Falls, the DNP pleaded guilty and Parks Australia was handed a $200,000 fine – the largest penalty ever imposed under the Sacred Sites Act. Photo: NLC.
The years-long saga involving Gunlom Falls has come to a close with Parks Australia fined $200,000 over unauthorised works near a sacred site in the Northern Territory.
In 2020, the Aboriginal Areas Protection Authority (AAPA) began a prosecution in the NT Local Court against then-Director of National Parks (DNP) James Findlay.
The authority’s legal team alleged he had approved works on the Gunlom Falls sacred site in Kakadu National Park against the advice of Jawoyn traditional custodians and without authorisation from AAPA under the Sacred Sites Act 1989 (NT).
Following considerable litigation in courts across the country, incumbent DNP Ricky Archer pleaded guilty to the matter and was fined the largest penalty ever awarded under the Sacred Sites Act.
“I have come to Jawoyn Country and pleaded guilty to the matters relating to the trackwork at Gunlom Falls,” Mr Archer said.
“This act recognises the importance of protecting sacred sites, and the DNP’s role in ensuring that the management of Kakadu incorporates Traditional Owner knowledge at the centre of all we do.
“Since commencing in the role of DNP, I have been focused on repairing relationships with Kakadu’s Traditional Owners and rebuilding trust by acknowledging and learning from past mistakes.
“I reiterate my apologies to the Jawoyn Traditional Owners for the distress caused and appreciate your patience throughout the court process.”
AAPA began work on prosecuting the DNP in 2019 for constructing a new walking track that did not follow the route approved by Traditional Owners and went right past a sacred men’s site.
Parks Australia’s breach was only discovered by Traditional Owners when they were assisting in the search and rescue of a tourist who had disappeared while walking along this new track.
In October 2022, the NT Supreme Court found the DNP could not be held criminally responsible for offences under the Sacred Sites Act. However, at the end of 2023, Jawoyn Traditional Owners and AAPA appealed the decision in the High Court.
The Northern Land Council (NLC) served as an intervenor in these court proceedings, supporting its constituents in the matter by travelling to Canberra for the hearing with Traditional Owners.
Due to the successful appeal, the Federal Government is no longer able to rely on ”Crown immunity” to avoid criminal penalties for damaging sacred sites in the NT. Photo: TripAdvisor.
AAPA CEO Dr Benedict Scambary said the decision was a long time coming but was welcome.
“Parks Australia, under the direction of the former Attorney-General Senator Michaelia Cash, sought immunity from prosecution, which went all the way to the High Court in Canberra, but today [23 October] we are back at Gunlom Falls where it all began, and Parks Australia has pled guilty and been sentenced,” he said.
“Parks Australia ignored that sacred site process, ignored custodian advice, and then spent years in court arguing they were above NT law. It has been a disgraceful and very disappointing display of Commonwealth arrogance.”
Dr Scambary welcomed the commitment made by the new DNP, that “nothing like this will happen again”, and thanked the judge for her ruling, speaking of the need to respect sacred sites “and the immense value of places like Gunlom to custodians and all Territorians”.
DNP Archer told the court of his ongoing commitment to lead the management of Kakadu “in true partnership with Traditional Owners going forward in a positive and respectful way”.
Jawoyn Traditional Owners such as Joshua Hunter celebrated the decision, also noting that “it’s been a long time coming”.
“I hope this helps people understand that there needs to be respect and understanding for our cultural customs, laws and our obligations as Traditional Owners as we care for our Country,” he said.
