In an unprecedented legal case, Parks Australia has been ordered to pay over $700,000 in fines and compensation after pleading guilty to disturbing a sacred Aboriginal site in Kakadu National Park. The landmark ruling, handed down by Judge Elizabeth Morris, emphasizes the crucial importance of genuine consultation with traditional owners and sets a new precedent in heritage protection laws.
Breach of Trust and Consequences
The case revolved around Parks Australia’s construction of a walkway near ancient rock art at Gunlom Falls without obtaining proper permission from the Aboriginal Areas Protection Authority. While Judge Morris acknowledged that the actions were not a “willful disregard” of traditional owners’ knowledge, she emphasized that the project manager’s failure to recognize the consequences was not “reasonable”.
True consultation lies at the heart of all of the agreements and management plans that have been tendered to this court. It cannot be perfunctory.
– Judge Elizabeth Morris
The judge found that there had been a clear breach of the “reliance of trust” between Parks Australia and the traditional owners. As a result, Parks Australia must pay a $200,000 fine for the disturbance and has already provided $500,000 in compensation for lost earnings due to the closure of Gunlom Falls to tourists since 2019.
Precedent-Setting Ruling
This judgment concludes a five-year legal battle that saw the Commonwealth appeal the case all the way to the High Court. The outcome sets a new precedent in case law regarding the damage or disruption of sacred sites, underscoring the effectiveness of the Northern Territory’s well-developed heritage protection laws.
Today’s decision, which levies the highest fine ever levied under the Northern Territory Aboriginal Sacred Sites Act, is very welcomed.
– Benedict Scambary, Aboriginal Protection Areas Authority CEO
Impact on Traditional Owners and Healing
The court accepted evidence from custodians and traditional owners that Parks Australia’s actions had caused harm to both individuals and the community. For many, like Bolmo traditional owner Rachael Willika, the judgment is just the beginning of a healing process that involves reconnecting with ancestors, spirit, and country.
Healing takes place within our spirit, our ancestors and country. When we come back and do the things and speak to our ancestors, call out to them, and do all those things, then that’s healing.
– Rachael Willika, Bolmo traditional owner
Rebuilding Trust and Looking Ahead
Parks Australia Kakadu director and Djungan man Ronald “Ricky” Archer expressed remorse and a commitment to learning from the incident to improve the protection of sacred sites. Since taking on the role in 2023, Archer has been working to rebuild trust with traditional owners and custodians.
Once the termites have been removed from the current walkway, Gunlom Falls is set to reopen to national and international visitors. Wurrkbarbar man and traditional owner Joshua Hunter confirmed, “Visitors will be back here next year.”
This landmark case serves as a powerful reminder of the importance of respecting and protecting Indigenous heritage sites. It also highlights the ongoing need for open, meaningful dialogue between land management authorities and traditional owners to ensure that cultural values are upheld and trust is maintained.
