Are Government Departments Above the Laws They Pass?

Federal authorities are facing legal action for damage to a sacred Indigenous site in the Northern Territory. The case revolves around damage allegedly caused by Parks Australia near Gunlom Falls in Kakadu National Park. The National Parks director was found liable under NT law, marking a precedent for sacred site protection. Parks Australia apologized and redirected the track away from the site, but the Aboriginal Areas Protection Authority sought criminal accountability. The NT Supreme Court ruled the work was unauthorized under the Sacred Sites Act. Although Parks Australia argued immunity as a Commonwealth entity, the High Court found the Director of National Parks liable. The Court clarified that while government entities are not criminally liable, officers can be held accountable. The decision emphasizes the protection of sacred sites and Aboriginal traditions. The Aboriginal Areas Protection Authority oversees sacred sites in the NT, ensuring their preservation and proper management. Sacred sites hold deep significance in Aboriginal culture, linking generations and communities across the land. The Authority issues permits for work near sacred sites and investigates any damage done to them. Collaboration with Aboriginal custodians is key to protecting these sites while allowing for responsible development. Sacred sites are not off-limits to visitors, as custodians welcome respectful exploration of these culturally significant locations.

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