The High Court has ruled in favour of the Northern Territory's sacred sites watchdog in a landmark case involving the heritage listed Kakadu National Park. The full bench has unanimously found parks Australia, a Commonwealth agency, can be held criminally liable for breaches of the territory's powerful sacred site laws.
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00:00 The spectacular Gunlum Falls in Kakadu, closed to the public since 2019, have been at the
00:07 centre of a legal battle that pitted the Northern Territory against the Commonwealth, and a
00:12 flashpoint in a strained relationship between traditional owners and park management.
00:17 Today is a good day. The Territory's sacred site protections have been tested and they
00:24 are strong.
00:25 The full bench of the High Court, today siding with the NT's sacred site watchdog, in a landmark
00:31 case. Finding Parks Australia is not immune from NT laws.
00:36 We thank the court for its decision today. We think it's a fair one.
00:39 Back in 2019, Parks built a walking track at Gunlum Falls to help visitors reach the
00:44 top more safely. Traditional owners supported a track, but not the route it took, right
00:49 past a sacred men's site.
00:52 Traditional owner Joshua Hunter says it's a place the Jawan people feel a deep responsibility
00:57 to protect.
00:58 I'd like to thank the traditional owners for having faith and looking after the country.
01:06 It'll be looked after for many years to come, for many generations to come.
01:11 By rejecting Parks Australia's claim of immunity, the High Court has today cleared the way for
01:16 the sacred site watchdog to prosecute the federal agency in the NT local courts. A case
01:21 that's expected to resume in July and could result in a fine of up to $350,000. It also
01:28 creates a precedent that will affect how Parks carries out future work in both Uluru and
01:34 Kakadu National Parks, which are both managed by the Commonwealth.
01:38 In a statement, Federal Environment Minister Tanya Plibersek said she was saddened at the
01:42 hurt that has been caused, and has asked the new Parks Director to focus on building a
01:46 relationship of trust and respect with traditional owners.
01:51 Gunlum Falls will not reopen to the public until the legal matters are finalised, but
01:56 traditional owners said they were looking forward to sharing the site once more.
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