Against a backdrop of rock escarpment and Kakadu’s paperbark forest, the court returned to where it all began for an unusual on Country hearing.
On its final day Judge Elisabeth Morris has found Parks Australia guilty and fined the Federal Government Agency $200,000.
“I have considered the facts of the offence and offender," Chief Judge Morris told the court.
"I have weighed the high need that a government agency should be held to, it is important that the penalty reflects the significance of the offending."
A moment met with emotion, Jawoyn traditional owners were seen hugging as proceedings came to a close.
The end of a five year long legal battle to see the protection of Country upheld and those responsible for damages held to account.
Jawoyn Traditional Owners were emotional and expressed relief after the historic decision was handed down. Credit: NITV
"It's a good day for family to come back and make plans to work together with Parks," he said.
For Joshua Hunter, a Jawoyn Traditional Owner of the Wurrkbarbar clan, it was a significant moment for upholding cultural obligations.
"For me having our rights considered, having our obligations as Traditional Owners considered, and for us to continue the passing of knowledge down to our younger generation," he said.
“As before my grandfathers that have passed on who were senior men in this area, we have now grown up and continue to fulfil our obligations as senior Traditional Owners.”
Cultural Significance of Gunlom
Gunlom falls is one of Kakadu’s most pristine attractions.
A cascading waterfall known for its iconic natural infinity pool at the top of the falls, and its peaceful plunge pool below.
But for the Jawoyn people it’s a place of deep cultural significance, boasting a rich collection of cultural sites, including ceremonial and sacred sites, and one of the world’s largest concentrations of rock art.
Joseph Markham and his daughter Josephine Markham. Credit: NITV
"Bula is the creation spirit for this area… so part of the three clans' obligation to this country is to look after those Bula sites because they're not only important ceremony sites to the Jawoyn people but to the surrounding tribes across the Top End," he said.
The long running legal battle
Since 2019, Gunlom falls has remained closed after it was alleged Parks Australia damaged a sacred men's site while constructing an unapproved walking track.
In 2022, the Northern Territory Supreme Court ruled Parks Australia had no criminal liability to the Sacred Sites Act because it's a Commonwealth corporation.
However, that decision was later overturned by the country’s highest court.
In May, the High Court ruled Commonwealth corporations were criminally liable for breaching the Northern Territory’s Sacred Sites Act.
Djungan man and Parks Australia director Ricky Archer appeared emotional when addressing the media immediately following the sentencing.
His hope going forward is to reconcile with Traditional Custodians and find a way of working together going forward.
Djungan man and Parks Australia director Ricky Archer said he accepted the decision and hopes to work with Traditional Owners going forward. Credit: NITV
“I culturally and personally and professionally will be doing as much as I can to ensure we learn the lessons from these examples.”
The historic ruling sets a new precedent for the protection of cultural heritage and reinforces the power of the Northern Territory Sacred Sites Act.
Aboriginal Land Protection Authority CEO Dr Benedict Scambary told NITV News, “it sets a precedent, it sends a clear message to government statutory corporations, and as the judge said, anyone proposing to do work in the Northern Territory."
