Constitutional arguments to be hashed out in Kakadu National Park court case

Parks Australia and the Aboriginal Areas Protection Authority will hash out arguments as to whether constitutional issues arising from a dispute over a walking track at Kakadu National Park will be referred to the Supreme Court.

• Parks director ‘committed’ to resolving Gunlom dispute, despite not guilty plea

PARKS Australia and the Aboriginal Areas Protection Authority will hash out arguments as to whether constitutional issues arising from a dispute over a walking track at Kakadu National Park will be referred to the Supreme Court next month.

The case returned to the Darwin Local Court on Thursday where Chief Judge Elizabeth Morris ordered the parties to prepare drafts of submissions on the constitutional questions for her to rule on when the hearing resumes on September 9.

The court has previously heard Commonwealth Attorney-General Michaelia Cash had intervened in the case, directing Parks Australia director Jody Swirepik to plead not guilty to the charge of building a walking track on a sacred site.

But Ms Swirepik indicated she was committed to working with traditional owners to resolve the issue and the key question before the court is now whether legislation protecting Kakadu can be enforced against the Commonwealth.

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“The matters before the court are now outside of my control while the applicability of the relevant offence to Commonwealth bodies is being determined by the court,” Swirepik said in a statement.

“I acknowledge that the Gunlom walking track works caused significant distress to the traditional owners of the Gunlom region and other members of the community and express regret for the distress caused.”

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