'Missed opportunity' as sacred sites legislation passes
The passing of amendments to sacred sites legislation is a missed opportunity, Traditional Owners say as they raise concerns about consultation on the changes.
The Northern Territory government passed the Sacred Sites Act amendments overnight, which it says will simplify and streamline the approval process for development.
The changes allow for the transfer of certificates issued by the Aboriginal Areas Protection Authority and include the introduction of an enforceable undertakings regime to remediate damages to sacred sites, rather than prosecution through a court process.
"The cultural authority of custodians remains central, and the amendments will provide much needed clarity and simpler, streamlined approval processes, while ensuring the protection of sacred sites remains paramount," NT Lands, Planning and Environment Minister Joshua Burgoyne said.
But the Aboriginal Areas Protection Authority board has raised concern about the legislation's consultation process, which it says has not been adequate.
"The Sacred Sites Act is meant to protect Aboriginal sacred sites, but Aboriginal people and their representative organisations have not been consulted on these changes," chair Bobby Nunggumajbarr said.
"I am also disappointed that industry and the wider public have not been consulted."
Mr Nunggumajbarr said the authority wants laws that provide developers with a clear framework, while giving certainty to the community that sacred sites will be protected.
He said the NT government has missed an opportunity to modernise and strengthen the Act.
"The fact is, the board is worried that the amendments do not have Aboriginal consultation at their heart," Mr Nunggumajbarr said.
"These changes have been quickly drafted without a good understanding of the importance of sacred sites to the NT community, and they increase the potential for disputes and legal challenges."
The Central Land Council has also raised concerns about consultation on the amendments.
Following a meeting with Mr Burgoyne in March, land council chair Warren Williams said he had been met with "empty talk".
In correspondence to Mr Burgoyne on Wednesday, ahead of the amendments passing, Mr Williams told the minister he was missing a chance to make sacred sites legislation stronger for everyone by not speaking with the territory's land councils.
"You have heard our delegates speak from the heart about how important sacred sites are to our people and the stress and suffering we experience when they are damaged or at risk of harm," the letter said.
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