Judge calls a breather on fierce court battle over alleged Arlparra sacred site destruction
Time has been called for two Territory government departments locked in a bitter court battle over a tree – but the fight’s not over yet. Find out why.
Northern Territory
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Two Territory government departments are having a breather after being locked in a fierce court battle to determine if an allegedly destroyed tree was a sacred site – but the fight’s not over yet.
The Department of Infrastructure, Planning and Lands (now the Department of Logistics and Infrastructure) is defending itself against charges brought by the Aboriginal Areas Protection Authority.
They allege the department destroyed a sacred site in Arlparra in 2021.
The two departments duked it out during a five day hearing in the Alice Springs Local Court, which was adjourned on Friday.
During the hearing, lawyer David Robinson, representing the department, pleaded not guilty on the department’s behalf to three charges: conducting work on a sacred site causing damage; causing damage to a sacred site; and carrying out work on a sacred site.
Representing AAPA was Paul Crean, who told the court works conducted in the community – roughly 280km north of Alice Springs – allegedly destroyed a mature white ghost gum tree.
AAPA is arguing the tree is a sacred site under the NT Aboriginal Land Rights Act.
However, Mr Robinson contested this point as the department had obtained an “operation certificate” from the Central Land Council.
The certificate was passed on to the contractor Asplum, who were undertaking the road widening works in Arlparra at the time.
“The work was in fact done on Aboriginal land and the traditional owners gave their consent to the work, and that has been embodied in the certificate,” Mr Robinson told the court.
The hearing was presided over by Judge Therese Austin, who immediately showed her doubts the hearing would wrap up in the allocated five days.
Mr Crean told the court 18 witnesses would take the stand.
Five witnesses took to the stand during the five day hearing.
The hearing was adjourned for a case management inquiry on February 25, where another hearing date is expected to be set.
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Originally published as Judge calls a breather on fierce court battle over alleged Arlparra sacred site destruction
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