A senior administrator in Kakadu has raised concerns that a pending Supreme Court ruling on alleged damage to sacred sites could dilute the protection of other sacred grounds.
Key points:
- Parks Australia is facing an allegation of disturbing a sacred site in Kakadu
- Its lawyers claim it is immune to relevant legislation
- A senior guardian is concerned about the future of sacred sites in the NT
The Northern Territory’s watchdog for sacred sites, the Aboriginal Areas Protection Authority (AAPA), claims that the federal government agency Parks Australia has illegally built a hiking trail to the upper pools at Gunlom Falls, one of Kakadu National Park’s most picturesque sites.
The hiking trail is near a holy men’s site, which according to Aboriginal law and custom should not be seen by women and children.
The fight reached the NT’s Supreme Court on Monday after the federal government claimed that Parks Australia could not be prosecuted under the Northern Territory’s Sacred Sites Act, which kick-started a complex constitutional debate on the guilt of Commonwealth bodies under the Territorial Act.
On the second day of filings, AAPA attorneys argued that Parks Australia should be able to be prosecuted under territorial law.
In a speech outside the Supreme Court, senior male Bolmo trustee Joe Markham said he was concerned that the future of other holy sites would not be secure if the federal government successfully claimed it could not be held guilty of allegedly interfering. a sensitive place.
“I hope this lawsuit will put something down in stone so that that kind of thing can not happen in the future,” he said.
“We do not want a new management team to come and return to this issue again.”
Markham said he felt the legal battle was now far removed from the original concerns about potential harm in a sacred site.
“There’s a lot of legal jargon back and forth between the lawyers,” Mr Markham said.
“We’re just worried that the place at Gunlom has been left behind, that’s not the issue in the courtroom.
Parks Australia hopes to ‘get ahead together’
Parks Australia said in a statement that it was committed to improving its damaged relationship with Kakadu’s traditional owners.
“Parks Australia reiterates its commitment to continue working with traditional owners of the KNP (Kakadu National Park) so that we can move forward together, recognizing that the cases before the Court are now beyond our control,” it said in a statement. declaration.
“Parks Australia is committed to obtaining a certificate of authority with a potential impact on a sacred site in the KNP, regardless of the outcome of this lawsuit.”
Sir. Markham said that although relations with Parks Australia had improved following a review by Parks Australia’s management, he was still concerned about the future of sacred sites.
“The current management team has worked well with the traditional owners to rectify the situation,” he said.
The Supreme Court judges are expected to make a decision in the coming months.
If they find that Parks Australia can be prosecuted under the Sacred Sites Act, the case will return to local court.
Parks Australia has previously apologized to traditional owners for any distress caused by the hiking trail and agreed to adapt it.