Department of Logistics and Infrastructure fined $25,000

The Northern Territory Local Court today convicted and fined the Department of Logistics and Infrastructure (DLI) $25,000 for breaching the conditions of an Authority Certificate, which resulted in damage to a sacred site at the community of Arlparra. 

In 2022 the Aboriginal Areas Protection Authority commenced proceedings against the Department after roadworks at Arlparra led to the destruction of a sacred white gum tree. 

Despite being aware of the sacred site boundary and the tree’s significance, the Department failed to carry out appropriate surveys, failed to include the sacred site boundary in the contract documents and approved construction in breach of the Authority Certificate. 

Today, after years of contested and protracted court proceedings in both Alice Springs and Darwin, the Department pleaded guilty to the offence. 

Dr Benedict Scambary, AAPA Chief Executive Officer, said the Department’s challenging approach to the case has been very distressing for custodians and extremely costly for the Northern Territory.

“Through the Aboriginal Areas Protection Authority, the Northern Territory has a clear cut, effective process for supporting development whilst protecting sacred sites.  The DLI undertake a lot of work across the Northern Territory and it is immensely disappointing to have the Department disregard the available process, destroy an important sacred site, and then spend years fighting the charges. 

“Today’s ruling is very welcome.”

AAPA Chair Bobby Nunggumajbarr said Government agencies and departments are responsible for ensuring contractors and agents are aware of and comply with sacred site protections. 

“Authority Certificates give certainty and guidance so work can proceed without harming sacred sites.  They can not just be ignored when it’s convenient and contractors thrown under the bus. This work could have proceeded without disturbing the sacred site but instead the Arlparra community has suffered a serious cultural loss and the Authority has had to fight to hold the Department to account.” 

“I thank the Court for recognising the importance of respect for sacred sites.”