Landmark high court ruling finds commonwealth government liable for sacred site damage

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Landmark high court ruling finds commonwealth government liable for sacred site damage
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Case centring on damage to Gunlom Falls in Kakadu national park overturned as it breaches Sacred Sites Act

Gunlom falls, one of Kakadu's star attractions, was damaged after a walkway was built too close to an Indigenous sacred men’s site in the Northern Territory national park in 2019.Gunlom falls, one of Kakadu's star attractions, was damaged after a walkway was built too close to an Indigenous sacred men’s site in the Northern Territory national park in 2019.The commonwealth government can be held criminally liable for damages to Indigenous sacred sites, Australia’s highest court has ruled.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundupThe director of National Parks had previously pleaded not guilty to charges due to arguing that as a government body, it held the privileges and immunities of the commonwealth.“It is not a presumption against construing a statute to impose criminal liability on a natural person or a body corporate, such as the ,” the court said in its ruling.

Our Australian morning briefing breaks down the key stories of the day, telling you what’s happening and why it mattersWhile the location had been a population destination for visitors to Kakadu national park, it had been closed after the damage to the sacred site. Parks Australia, which jointly manages Kakadu national park with traditional owners, agreed it had performed work on a sacred site without the necessary permissions and had since promised to redirect the track and consult to ensure no work was performed in culturally sensitive areas.

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