A record-breaking fine at Gunlom confirms the importance of sacred site protection

Gunlom Falls, Kakadu, 23 October 2024:  The NT Local Court today fined Parks Australia $200,000 marking the end of a long-running legal battle over unauthorised works near the sacred site of Gunlom Falls.

In 2020, the Aboriginal Areas Protection Authority (AAPA) commenced a prosecution in the NT Local Court alleging that the Director of National Parks (DNP) undertook works on the Gunlom Falls sacred site in Kakadu National Park against the advice of custodians and without authorisation from the AAPA under the Sacred Sites Act.   

At the two-day hearing at Gunlom Falls, the DNP pled guilty and was sentenced to a $200,000 fine, the largest penalty ever awarded under the Sacred Sites Act.  

Dr Benedict Scambary, AAPA Chief Executive Officer said the decision was a long-time coming but is very welcome.

“Years have been spent trying to hold Parks Australia to account over the damage at Gunlom Falls, and finally justice has been done.

“Parks Australia, under the direction of the former Attorney-General Sen. Michaelia Cash, sought immunity from prosecution, which went all the way to the High Court in Canberra, but today we are back at Gunlom Falls where it all began, and Parks Australia has pled guilty and been sentenced.

“Here in the Territory, through the Aboriginal Areas Protection Authority, we have a long-established and trusted process to protect sacred sites whilst supporting development.  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. 

“I welcome the commitment by the new Director of National Parks that nothing like this will happen again. 

“I thank the judge for her ruling that spoke of the need to respect sacred sites and the immense value of places like Gunlom to custodians and all Territorians.”

AAPA Chair Bobby Nunggumajbarr said today’s decision is important.

“Kakadu is an important place for the whole nation. Gunlom Falls is a special place for the whole nation.  Aboriginal people want to be able to share it with everyone, but they must have confidence that its sacred places will be respected. Today that confidence was restored.

“The path has now been realigned, the court case is finally over, the strength of our Sacred Site Act has been proven, and hopefully soon, by working together, this beautiful place can welcome visitors once more.”