Govt departments in bitter battle during five day hearing over alleged sacred site destruction in Arlparra

Two Territory government departments are battling it out in court over certificates granted, departmental changes, a tree – and more. Find out why.

Alice Springs Local Court. Picture: Gera Kazakov

A “controversial proposal” is only one part of a bitter fight between two government departments, that are duking it out in an Alice Springs court to determine if a tree allegedly destroyed years ago was within a sacred site.

Lawyers from Sydney and Darwin have flown into Alice Springs to represent the Department of Infrastructure, Planning, and Lands (DIPL) and the Aboriginal Areas Protection Authority (AAPA) in a five day hearing, which began on Monday in the local court.

DIPL (now the Department of Logistics and Infrastructure) is facing three charges: carrying out work on a sacred site; conducting work on a sacred site causing damage; and causing damage to a sacred site.

Lawyer David Robinson, representing the department, pleaded not guilty to all charges on the department’s behalf.

Representing AAPA, lawyer Paul Crean read out the charges and told the court they stemmed from roadworks being conducted in the remote community of Arlparra in 2021.

An aerial view of Arlparra. Picture: File.

The works have allegedly destroyed a mature white ghost gum tree, which AAPA is arguing is within a sacred site under the NT Aboriginal Land Rights Act.

However, the department was contesting this point as it had an “operative certificate” from the Central Land Council, Mr Robinson told the court.

Mr Robinson said the certificate was given to the contractor – Asplum – which was conducting road widening works at the community, located roughly 280km northeast of Alice Springs.

“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,” he said.

“DIPL had no doubt it was a sacred or incredibly important tree which had to be kept.”

Mr Crean said the site with the tree was “recorded” as a sacred site, but was not “registered” as one.

Presiding over the hearing is Judge Therese Austin, who immediately showed her doubts on the length set aside for the hearing.

Judge Therese Austin. Picture: Supplied

She told the court the amount of witnesses being called meant the hearing “will not finish this week” – “and I’m rarely wrong”.

Mr Crean said 28 witnesses were to be called to the hearing, however, the number was whittled down to 15, before a final figure of 18 was determined.

The witnesses will include anthropologists, traditional owners, investigators, and more.

Ministerial changes made at the last election – when DIPL was cut up and changed to DLI – also provided an extra layer of complexity.

In light of the departmental change, Mr Crean requested the charges now be levelled at the Northern Territory Government – a move Mr Robinson opposed as it “would cause a lot of problems because I don’t appear for the Northern Territory”.

“That would be a controversial move because it would be laying a new charge against a new defendant outside of the limitations period,” he said.

Lawyer David Robinson (right), representing the Department of Infrastructure, Lands, and Planning, leaves the Alice Springs Local Court. Picture: Gera Kazakov

“You represent the Department of Infrastructure Planning and Logistics, which is a Northern Territory – was a Northern Territory Government department, yes?” Judge Austin questioned.

“And you’re getting instruction from the Northern Territory Government, aren’t you Mr Robinson?”

“I’m not arguing that I get instructions from a person who is employed by the Northern Territory Government ultimately,” he replied.

“It’s whether this is a different entity under the administrative arrangements which have now come to power.”

Determining who will be named on the charges was deferred to a later day.

In the afternoon, the first witness to take the stand was AAPA senior investigator Peter Russell.

Under questioning by Mr Crean, Mr Russell told the court both AAPA and the CLC issuing separate authority certificates to conduct work on sites caused problems with his investigations.

He also told the court how the AAPA board was made up of four members of the CLC.

One of the jobs of the 12-person AAPA board was to sign off on authority certificates, Mr Russell told the court, a job completed via the chief executive officer.

The hearing continues on Tuesday.

Originally published as Govt departments in bitter battle during five day hearing over alleged sacred site destruction in Arlparra