Kakadu’s Gunlom Falls will reopen following historic fine imposed on Parks Australia under New Testament sacred site regulations

A judge has imposed the largest-ever fine under the Northern Territory’s sacred sites laws after a sensitive men’s site was uncovered at Gunlom Falls in Kakadu National Park.

The case concerned a walkway built by Parks Australia in 2019 to help visitors safely get to the top of the famous falls.

Traditional owners supported the track but not its route because it was within 10 meters of a sacred rock art site that they felt should only be seen and accessed by men.

Earlier this year, Parks Australia admitted to destroying the property and its director went to the falls to apologize to the traditional owners.

At the conclusion of a landmark national hearing on Wednesday, Judge Elizabeth Morris ordered Parks Australia to pay a $200,000 penalty for the breach.

This is the first time a Commonwealth agency has been punished under New Testament legislation.

“I note that this defendant’s conduct should be of the highest standard and should meet the standards that society expects from one of the national institutions responsible for managing our environment,” Judge Morris said.

The judge found that while Parks Australia had not shown “willful ignorance or total disregard for the interests of the Jawoyn Nation”, she found the agency had not been “in any way sufficient” in its consultation with traditional owners to avoid “cultural disruption to the site “.

During an extraordinary two-day on-site sentencing hearing, the court heard testimony about the impact of sacrifices made by senior members of three Jawoyn clans with deep ties to Gunlom Falls.

“I want my spirit to be happy, I want the spirit of my ancestors to be happy,” said Rachael Willika Kendino, matron of the Bolmo clan.

Joe Markham, another senior curator of Bolmo, described the feeling of “powerlessness” that came from being unable to fulfill his cultural responsibilities in caring for the site.

“I felt like I had failed,” he told the judge.

Bernadette Calma, from the Wurrkbarbar and Matjba clans, said she had experienced a backlash from tourists since it closed five years ago.

The judge said it was clear that traditional owners suffered “personal, cultural and social consequences”.

Gunlom Falls will reopen next year

Joshua Hunter, a senior employee at Wurrkbarbar who welcomed the judge to Jawoyn’s land, said guests will be able to return to the falls next year.

Ms Kendino said the country would “recover” when guardians “talked to our ancestors” and returned to teaching young people the customs.

She also said she looked forward to repairing the relationship with Parks Australia.

National Parks Director Ricky Archer said the agency “fully accepts” the decision.

Archer was not a director at the time of the track’s construction, but said he was greatly relieved that the long-running legal dispute, which reached the Supreme Court last year, had finally been resolved.

“As an indigenous person, I take the protection of sacred places to heart,” he said.

Archer, who thanked Jawoyn residents for their patience, said he looked forward to working with them to reopen the falls.