AAPA Opinion: Future is guarded by sacred sites law

When the Northern Territory achieved self-government in 1978, one of the first pieces of legislation to be introduced was the Aboriginal Sacred Sites (NT) Bill. 

It recognised and valued the strong, significant connection of Aboriginal culture to country, and it set up the mechanism to ensure the protection of sacred sites whilst supporting development.  That mechanism is the Aboriginal Areas Protection Authority, and it has been operating for over 40 years, consulting with Aboriginal custodians and providing guidance to land-users.  It is a small, independent Authority led by an Aboriginal Board, and it is one of the strengths of the NT, supporting both Aboriginal culture and traditions as well as new opportunities for Territory growth and development. 

It is when the processes of the Aboriginal Areas Protection Authority are not followed, that you usually hear about sacred sites in the news. 

Last month at a hearing at Gunlom Falls in Kakadu, Parks Australia pled guilty and was fined for working on a sacred site.  It was something that should have happened four years ago, when the case first began, but instead Parks claimed crown immunity, arguing they were above NT law. It was an impossible position for custodians.  Kakadu National Park is Aboriginal land, leased back to the Commonwealth and jointly-managed by Parks Australia and Aboriginal traditional owners. It is rich with sacred sites that Aboriginal people have shared with visitors for decades, but they need to know those places will be respected. It took years, but the question of immunity was finally resolved, unanimously, by the High Court which found Parks Australia did have to answer for their actions under NT Law.  And now, under the NT Sacred Sites Act and the baking hot sun at Gunlom, Parks Australia has pled guilty, been fined, and the matter is done.

The fact is, protecting Aboriginal sacred sites is not a tick box exercise.  Our Sacred Sites Act is more than legislation; it’s part of what makes the Territory a remarkable place to live and work. Developers come to the NT and see its value in resources, but it is so much more.  The Territory holds 60,000 plus years of Aboriginal culture, with sacred sites that anchor these traditions and beliefs in the country.  The Authority works to ensure Aboriginal custodians give free, prior and informed consent to development, and to provide developers with clear guidance on how to proceed while protecting the sanctity of any sites. Protecting sacred sites through the available process is everyone’s business. It builds relationships, mutual respect and minimises legal issues and reputational damage. 

Right now, Australia is wrestling with how to manage the sometimes competing demands of development and Aboriginal sacred site protection, and the Federal Government is working on national legislation to prevent the destruction of our Aboriginal cultural heritage.  But the Territory is different.  We’ve had the legislation for over 40 years, and the Authority is here to help.  The alternative, as Parks Australia recently learned, is prosecution, delays, and extra cost. The Gunlom case serves as a reminder that respecting sacred sites isn’t a formality; it’s an investment in maintaining our Territory’s rich cultural landscape and shared future.   

Dr Benedict Scambary