CLP pushes Sacred Sites Act changes through Parliament | NT Independent

CLP pushes Sacred Sites Act changes through Parliament

by | May 16, 2025 | News, NT Politics | 4 comments

The Finocchiaro CLP Government has passed reforms to the NT Sacred Sites Act, with Opposition and crossbench MLAs accusing the government of amending the legislation to help their “mates build a hotel at the Darwin Waterfront”, while others have criticised the lack of consultation with traditional owners.

Lands and Planning Minister Josh Burgoyne brought the changes forward on Thursday, that will now allow for the transfer of sacred site certificates issued by the Aboriginal Areas Protection Authority and also introduced an ‘enforceable undertakings’ regime that would lead to remedial works to damaged sacred sites, instead of prosecution through the courts.

Mr Burgoyne claimed the reforms would “streamline approval processes” and provide “much needed clarity”.

But the Aboriginal Areas Protection Authority said it was “disappointed” the CLP passed the amendments to the Act “without proper consultation”.

“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,” said AAPA chair Bobby Nunggumajbar.

“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.

“The AAPA Board supports economic development in the NT, and the protection of our sacred sites is a critical part of that.”

Mr Nunggumajbar added that it was crucial the developers are provided a “clear framework on what they can can’t do and that give certainty to custodians and the Northern Territory community that sacred places are going to be protected.”

Member for Mulka Yingiya Guyula said the bill represented “a high level of disrespect for Aboriginal people”, due to the lack of consultation, adding the “attitude of disrespect from the government then ripples out across the NT”.

“In areas such as sacred sites, where Aboriginal people have recognised authority, this government is so arrogant in their superiority over Aboriginal people that they have waded in to tell us about our sacred sites – to make changes to the laws that protect our sacred sites,” Mr Guyula said.

He added there was “widespread speculation” that the changes to the Act were brought to create a “loophole for one project” involving a proposed 236-room hotel development at the Darwin Waterfront.

“As I understand, Larrakia elders have said no to this proposal due to the sacred site at Stokes Hill. If this is true, this bill will create a loophole whereby a certificate can be transferred to another party or a third party can be added without gaining the consent of the custodians,” Mr Guyula said.

“Is this government using the Chamber to create loopholes in the sacred sites legislation in order to go around the Larrakia Nation so that a sacred site here on Larrakia country can be desecrated? The government need to be open and honest about this bill and what it is here for.”

Labor said it was clear why the Finocchiaro Government rushed through changes to the Act.

“This is helping a mate build a hotel at the Waterfront – that’s what this is about,” Deputy Labor Leader Chansey Paech said. “At the cost of Aboriginal people. That is disgusting.”

The NT Independent asked Mr Burgoyne in March if the intent of the amendments to the Act was to help the proposed Waterfront hotel project expand in size. He did not reject the notion, saying the changes were not for one purpose.

“This government does not make significant legislative changes based on a single project,” he said.

“We have been clear in our agenda to streamline processes and cut unnecessary red tape across government to attract investment and safe development in the NT.”

Chief Minister Lia Finocchiaro’s husband Sam Burke is the deputy chief executive of the Darwin Waterfront Corporation, with the organisation mired in controversy for providing jobs for mates, not adhering to proper government recruitment practices and for chief executive Alastair Shields and former board member Andrew Kirkman arranging for Mr Burke to receive “higher duties allowances” for six years, worth an estimated $400,000 without independently assessing the roles.

Mr Burgoyne said in Parliament on Thursday that he consulted with the Territory’s land councils about the changes to the Act, but those bodies said his consultation was superficial and that he broke his promise to continue discussions before passing the legislation.

“Not talking with us about genuine reforms like these is missing the chance to make the Sacred Sites Act stronger for everyone, including developers and custodians alike,” Central Land Council chair Warren Williams wrote in a letter to Mr Burgoyne on Wednesday, pleading for another meeting before the laws passed.

“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.”

 

 

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4 Comments

  1. Nice work Lia. Keep moving forward.

  2. Sacred sites are not holy and never have been; they also are not secret and most expire with time, especially those based around trees, the longer-lasting are around banyan trees and geological formations. By 1950, all Larrakia land had been taken over by Tiwi, Woolner and people from the Islands and Daly River, Pine Creek, etc So there are no genuine existing sites in the old Larrakia area. Everybody had to know where these sites were, as most were either male or female sites exclusive to a gender. Additionally, Cyclone Tracy eliminated all tree sites around Darwin

  3. This is simply an outrageous state of affairs. Aboriginal expressions of concern are being overridden once more.

    The 9-month-old NT government continues to ignore the member for Mulka’s pleas to honour Aboriginal sacred site legislation in favour of a somewhat contentious proposal to build a 236-room hotel at the Darwin Waterfront.

    This is an example of what lies ahead with the appointment of the Territory Co-Ordinator (or is that ‘Controller’?), who will have the capacity to override any legislation or practice they see fit.

    What’s the point of having an elected 25-member legislative assembly when one unelected senior public servant (appointed without due process) can overturn their decisions?

    Sadly, it would appear that the cowboy outfit is alive and well in clown town.

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