‘I am sorry for any distress caused’: Parks head pens open letter bid to end Gunlom Falls court fight

The head of Australia’s National Parks has reached out to Traditional Owners, apologising for the distress caused by Gunlom Falls work.

Department of Environment and Energy Commonwealth Environmental Water Holder Jody Swirepik appears before a Senate Estimates hearing at Parliament House in Canberra, Friday, October 25, 2019. (AAP Image/Mick Tsikas) NO ARCHIVING

• Parks Australia charged over alleged illegal Gunlom Falls works by Aboriginal Areas Protection Authority
• Kakadu walking track court battle continues to drag on, to head back to court in 2021

THE head of Australia’s National Parks has reached out to Traditional Owners, apologising for the distress caused by Gunlom Falls work and seeking to meet with them to work to deliver a pathway to protect and preserve the cultural heritage of Kakadu National Park.

Aboriginal Areas Protection Authority (AAPA) prosecutors alleged Parks Australia built a walking track on a sacred site at Gunlom Falls without permission and close to another area that is restricted according to local Aboriginal tradition.

The National Parks acting director Jody Swirepik has written an open letter to the AAPA chief executive officer Dr Ben Scambary detailing her commitment to working closely with Traditional Custodians.

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Ms Swirepik acknowledged the importance of sacred sites and shortcomings in the process adopted for the Gunlom works. She provided an assurance that the shortcomings would not be repeated in the future.

“I write to you in relation to the ongoing prosecution of the director of National Parks for constructing a walking track at Gunlom Falls without having obtained an Authority Certificate,” Ms Swirepik wrote.

She said she was prepared to express contrition and make a public apology or issue a statement of regret acknowledging the importance of sacred sites and shortcomings in the process adopted for the Gunlom work.

Ms Swirepik has also provided a written direction to Parks Australia staff to ensure that before any actions are undertaken in Kakadu they:

Ensure the impact assessment procedures for the Kakadu National Park, which are set out in the Management Plan are carried out.

Escalate any proposed actions that may impact a sacred site to the Kakadu cultural engagement park manager.

Where there is a potential impact on a sacred site, seek an Authority Certificate.

If it is unclear whether the proposed action will have a potential impact on a sacred site, the Kakadu cultural engagement park manager will consult with AAPA as to whether an Authority Certificate is desirable.

“This is in addition to committing to rectify the Gunlom works, for which Authority Certificates have been sought and obtained from the AAPA,” Ms Swirepik wrote.

“I acknowledge that there were concerns surrounding the process that was followed in relation to the Gunlom site and I am sorry for any distress caused. I am genuinely intent on improving matters in the future.”

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Ms Swirepik said rather than engage in court proceedings she strongly believes it would be preferable to work together “with all stakeholders to protect and preserve the cultural heritage of Kakadu National Park into the future”.

“For all of the above reasons, I therefore invite you to consider whether pursuing this prosecution is the best way to meet our mutual objectives of working together to protect sacred sites,” she wrote.