Alice Springs Sands Supply Pty Ltd charged with damaging, working on sacred site on Yankunytjatjara country

An Alice Springs company has been accused of dismissing guidance from custodians and causing damage to a sacred site near the Territory border.

An Alice Springs company has faced court for allegedly damaging a sacred site near the Territory’s southern border.

Alice Springs Sands Supply Pty Ltd was charged with causing damage to a sacred site on Yankunytjatjara country, near Kulgera at the Territory-South Australian border.

Under the Sacred Sites Act work must not be carried out without an Authority Certificate issued by the Aboriginal Areas Protection Authority.

The AAPA said it consults with custodians to establish what is needed to protect sacred sites, and ensure the preservation of the Territory’s cultural heritage for all Territorians.

Chairman Bobby Nunggumajbarr said the certificates gave certainty to developers and explained “how they can work without disturbing a sacred site”.

The AAPA has alleged Alice Springs Sands Supply worked on the Yankunytjatjara sacred site and breached a condition of their Authority Certificate.

The sand, soil and gravel wholesaler was charged with carrying out work and causing damage to the sacred site.

Defence lawyer James Stuchbery represented the Ciccone-based company for its first appearance at Darwin Local Court on Wednesday.

Judge Therese Austin adjourned the case for a month to allow for evidence to be disclosed to defence, with a directions hearing date set for December 5.

Kulgera Pub which is located 275km's south of Alice Spring. Picture: Facebook

While private companies and the Territory Government are criminally responsible for damage to sacred sites in the Territory, a controversial loophole exists for the Commonwealth Government.

In October the Supreme Court found the Federal Government was “immune” to any criminal punishment for illegal works on a sacred site at one of Kakadu’s most beloved waterfalls, Gunlom Falls.

The Commonwealth was granted immunity for breach of the Northern Territory’s Sacred Sites Act, including destruction or damage to sacred sites in Kakadu and Uluru.

This week the sacred sites watchdog said it would launch a High Court appeal to this decision.

Mr Nunggumajbarr said custodians across the Territory were angry over the Supreme Court decision.

“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,” Mr Nunggumajbarr said.

Attorney-General Chansey Paech said the legislative changes were being explored to ensure stronger protections of the Territory’s cultural heritage.

Originally published as Alice Springs Sands Supply Pty Ltd charged with damaging, working on sacred site on Yankunytjatjara country