Aboriginal Areas Protection Authority appeal Supreme Court ruling on Gunlom Falls

One of Australia’s most loved swimming spots will remain closed as Traditional Owners fight the commonwealth in the High Court. Read the details.

Sacred sites watchdogs will launch a High Court appeal after the commonwealth was found to not be legally liable for damage to Kakadu National Park’s Gunlom Falls.

The popular swimming spot has been closed since 2019 after the Director of National Parks Australia was alleged to have constructed works on the site without seeking Traditional Owners’ approval.

The works constitute a breach of the Northern Territory’s Sacred Site Act but in September the Supreme Court ruled the federal government was “immune” to any criminal punishment for damages to sacred sites in the NT.

Aboriginal Areas Protection Authority chairman Bobby Nunggumajbarr said custodians across the Territory were angry.

“Our Aboriginal sacred sites and cultural heritage is important to the people of the Northern Territory and the nation,’ Mr Nunggumajbarr said.

Aboriginal community leader Bobby Nunggumajbarr said trust was been broken between Parks and custodians.

“No one should be above the law. All people, all corporations and all government entities, should work with custodians to respect and preserve our sacred sites.”

AAPA chief executive Benedict Scambary said the ruling by the Supreme Court had “no place in modern times”.

“It is an outdated principle. It is unacceptable that commonwealth officers and corporations are free to desecrate Aboriginal sacred sites with impunity” Dr Scambary said.

“The Aboriginal Areas Protection Authority will take all steps to ensure that the Director of National Parks is held accountable for the offence to the sacred site at Gunlom Falls.”

The Director of National Parks Australia at the time admitted they did work on a sacred site without an Authority Certificate despite the Territory’s two biggest national parks, Kakadu and Uluru-Kata Tjuta National Park, operating under a joint management contract between the federal body and Traditional Owners.

Arrernte man and NT Attorney-General Chansey Paech said the World-Heritage listed park had been “failed” by the Director of National Parks by not abiding by the Sacred Sites Act. Picture: (A)manda Parkinson

Last month, Attorney-General Chansey Paech said the Supreme Court’s decision was “disappointing and saddening”.

He made it clear that amendments to the law was not beyond the legislative powers of the NT government.

“The Territory Labor Government will now work with the federal government to explore legislative changes to ensure stronger protections of our cultural heritage,” Mr Paech said.

“The Director of National Parks flagrantly carried out works at Kakadu’s Gunlom Falls in 2019 without taking into account consultations with the Traditional Owners, or any engagement with the Aboriginal Areas Protection Authority.”

The matter is now before the High Court of Australia.