Director National Parks pleads guilty and makes formal apology for damage to Kakadu sacred site

Director of National Parks, Parks Australia Division, Ricky Archer has pleaded guilty in Darwin Local Court and delivered a formal apology at Gunlom Falls to Kakadu traditional owners over sacred site damage.

Gunlom Falls, in the Northern Territory's Kakadu National Park, has been closed since 2019 following a legal battle between traditional owners and Parks Australia over allegations of damages caused to the sacred site.

The Director of National Parks was accused of carrying out works at Kakadu’s Gunlom Falls in 2019 without taking into account consultations with the traditional owners, or any engagement with the Aboriginal Areas Protection Authority. That conduct was considered to be in disregard of the Northern Territory Aboriginal Sacred Sites Act 1989 and the protections it creates for sacred sites.

Documents obtained by the ABC under Freedom of Information (FOI) show Ricky Archer, was invited by Jawoyn traditional owners to the rare on-country meeting.

The meeting took place in late June 2024, the ABC has confirmed, with Federal Environment Minister Tanya Plibersek saying all parties are now working towards Gunlom's reopening.

According to the ABC, Minister Plibersek noted "at the meeting, [Mr Archer] provided a formal apology to traditional owners and conveyed his deep and sincere regret to traditional owners about the damage at the site and the government response.

"He also committed to building a stronger relationship going forward.

"All parties have agreed to work collaboratively towards reopening the Gunlom Falls site and ensuring the correct approvals are in place."

Officials from the Northern Land Council (NLC) and Aboriginal Areas Protection Authority (AAPA) also attended the meeting, with AAPA's boss describing it as a positive step.

AAPA Chief Executive Benedict Scambary told the ABC “We welcome the director's personal apology to custodians, and look forward to improving positive relationships in the park.”

ABC reports that “the FOI documents also show Parks Australia is working to settle a lease dispute with traditional owners over the site, which the agency indicated could involve compensation.

“The internal Parks Australia documents show that since the resolution of the sacred sites damage case in the High Court earlier this year, and Mr Archer's subsequent decision to plead guilty in Darwin Local Court over the matter, the parties are working to resolve the lease dispute.”

The FOI document also noted “now that these issues have been determined, the NLC is expected to request [Mr Archer] amongst other things, pay compensation to settle the lease dispute.’

Neither Parks Australia nor the NLC would comment on the compensation amount to be paid.

At the time of damage in 2019 to the sacred Kakadu site, NT Minister for Arts, Culture and Heritage Chansey Paech shared “World Heritage-listed Kakadu National Park is one of Australia’s most archaeologically, culturally, and spiritually significant areas; cared for under a joint management plan between Traditional Owners and the Commonwealth Government. The Northern Territory, in particular the region’s custodians, have been failed by the Director of National Parks who failed to abide by the Sacred Sites Act.”

The Gunlom Falls case is scheduled to return to Darwin Local Court on 29th July 2024.

Image top: Ricky Archer; Image above: Gunlom FallsCredit: Parks Australia/Ian OswaldJacobs