The decision not to permanently heritage list the Darwin Esplanade brings to an end a process that has so far lasted more than four and a half years.
It also highlights the role of expert advice, public consultation and ministerial decision-making under the Heritage Act.
On November 11, 2021, long term Darwin resident Graham Kirby nominated the Esplanade for heritage listing to protect one of the city’s most historically, culturally and environmentally significant public landscapes.
The Heritage Council assessed the nomination and, on April 22, 2023, provisionally declared the Esplanade a Heritage Place. It invited public submissions, which closed on May 15, 2023.
Lord Mayor Kon Vatskalis publicly opposed the nomination before referring the matter to the Darwin Council’s lawyers. The council then used public funds to challenge the Heritage Council’s decision in the Supreme Court.
Justice Huntingford upheld two of the seven grounds advanced by the council’s lawyers. Rather than appealing the court’s decision, the Heritage Council accepted the ruling and recommenced the heritage assessment in February 2025.
The Heritage Council reassessed the nomination and, on September 11, 2025, again determined that the Esplanade was of heritage significance and recommended that the minister permanently declare it a Heritage Place. A second statutory consultation followed.
Around 80 public submissions were received, with the majority supporting permanent heritage listing. The Heritage Council again recommended that the Esplanade be permanently entered on the Northern Territory Heritage Register.
Despite two Heritage Council recommendations supporting listing and strong community support expressed through the statutory consultation process, the minister announced on April 28, 2026 that the Esplanade would not be permanently entered on the Northern Territory Heritage Register as this was not necessary to protect the heritage values of the Esplanade.
The significance of that decision became apparent only weeks later, when the Darwin Services Club asked Darwin Council to create a new permanent designated event area opposite the club for use as an overflow space.
The proposal was considered by the Darwin Council on July 28, 2026. Although any future proposal for permanent infrastructure would require a separate assessment, creating a permanent designated event area makes such proposals easier to justify.
If council creates a designated event area because it is convenient for one commercial operator, the other five hotels and resorts along the Esplanade may reasonably seek the same treatment. That is how incremental commercialisation occurs.
The Esplanade decision demonstrates that, under the Heritage Act, the Heritage Council’s expert assessment and public submissions can be easily set aside because the final decision rests with the minister.
That raises an important question: what real impact do expert advice and community views have on decisions affecting our public spaces?
Nick Kirlew, Planning Action Network, convener.
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We have a real issue in the NT where expert advise, evidence and members of the public is ignored for reasons unknown. One can only assume that someone or some group expects some benefit by denying Territorians that have made the NT home.
Enough is enough and time be increase the volume has arrived.
So you think all these environmental clowns are not Luddites.
It’s all very well to heritage list however who pays the upkeep and maintenance over the years.
Owners usually will not and places fall into disrepair, dangerous and finish up vandalised, eventually destroyed, worthless to all.
Trying to keep places up with standards of today for any use is impossible because of limits on what can be done.