Gunlom Falls sentence a lesson on sacred site protection

A two-day local court hearing, held on Country at Gunlom Falls, has resulted in Parks Australia receiving a $200,000 fine, to be paid to the Aboriginal Areas Protection Authority (AAPA).

To date, this is the largest fine given for damaging a sacred site in the Northern Territory.

This final ruling follows lengthy court proceedings over five years, during which the NLC has been working alongside Jawoyn Traditional Owners and AAPA.

Today’s sentence was delivered to the Director of National Parks after he pleaded guilty earlier in the year. At the hearing over Tuesday and Wednesday, Traditional Owners Joshua Hunter, Joe Markham, Rachel Wilika and Bernadette Calma gave powerful victim impact statements.

The NLC commends the hard work of Traditional Owners and AAPA in the fight to protect Aboriginal land and their sacred sites.

This outcome is a win for Traditional Owners of the region, and acknowledges that protecting sacred sites, history and culture are critically important.

Quotes attributed to Jawoyn Traditional Owner, Joshua Hunter

“I am incredibly grateful for this decision today. 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.”

Quotes attributed to Matthew Ryan, NLC Chair

“AAPA and the Traditional Owners have worked really hard over the last five years to recognise Gunlom as a sacred place. Now we can all look to the future of caring for this incredible place.”

“Sacred places must be respected by all parties, and proper processes should be followed. Today’s sentencing is a lesson learnt that all people must be held accountable; no one is above the law.”

FURTHER BACKGROUND:

In 2019, AAPA prosecuted the Director of National Parks for breaching sacred site laws in relation to constructing a new walking track, which did not follow the route approved by Traditional Owners.

The track Parks built instead went right past a sacred men’s site, and this breach was only discovered when Traditional Owners were assisting with a search and rescue of a tourist who had gone missing while walking along this new track.

In October 2022, the Supreme Court of the Northern Territory found that the Director of National Parks cannot be held criminally responsible for offences under the Northern Territory Aboriginal Sacred Sites Act 1989.

At the end of 2023 however, Traditional Owners and AAPA appealed the decision in the High Court. The NLC served as an intervenor in court proceedings, supporting its constituents in the matter, and travelled to Canberra for the hearing with Traditional Owners.

This successful appeal was significant because it settled whether the Commonwealth could rely on so-called ‘Crown Immunity’ to avoid criminal penalties for damaging sacred sites in the Northern Territory.