A years-long battle over alleged sacred site damage in Kakadu National Park has reached the Supreme Court, with the federal government arguing it can't be held liable because the relevant law doesn't apply to it.
The Northern Territory's sacred sites watchdog, the Aboriginal Areas Protection Authority (AAPA), alleges the federal government organisation Parks Australia illegally built a walking track to the top pools of Gunlom Falls, one of Kakadu's most picturesque locations.
Traditional owners in 2020 raised concerns over the walking track, constructed adjacent to a sacred men's site, which under Aboriginal law and custom was not allowed to be viewed by women and children.
Lawyers for the government argued Parks Australia cannot be prosecuted under the Northern Territory's Sacred Sites Act due to Commonwealth immunity from territory legislation.
Defence barrister Brendan Lim told the court the government body, and its Director, was immune because it was a functioning part of the government and therefore not covered by Northern Territory law.
He said the role of Parks Australia was to act as part of the Commonwealth and was therefore covered by Commonwealth law instead.
In the first of a two-day hearing, lawyers for the AAPA argued Parks Australia, as a distinct organisation, was not automatically immune from Northern Territory law.
AAPA's lawyers conceded Parks Australia was, in a broad sense, exercising Commonwealth functions, but argued that did not give it immunity when undertaking specific works.
Monday's hearing is the latest step in a lengthy saga that has exacerbated the deterioration of the government's relationship with Kakadu traditional owners.
The court battle has also left part of one of the park's most popular tourist locations closed as works continue on remediating the walkway.
Parks Australia has previously apologised to traditional owners for any distress caused by the walking track and agreed to realign it, but has pleaded not guilty to the charge.
The matter will continue in the Supreme Court on Tuesday.
