“I have considered the facts of the offence and offender,” Chief Judge Morris told the court.
The end of a five year long legal battle to see the protection of Country upheld and those responsible for damages held to account.
Jawoyn Traditional Owners were emotional and expressed relief after the historic decision was handed down. Credit: NITV
At a press conference shortly after, Jawoyn Traditional Owner of the Wurrkbarbar clan Ryan Barrawei expressed relief.
“As before my grandfathers that have passed on who were senior men in this area, we have now grown up and continue to fulfil our obligations as senior Traditional Owners.”
Cultural Significance of Gunlom
A cascading waterfall known for its iconic natural infinity pool at the top of the falls, and its peaceful plunge pool below.
But for the Jawoyn people it’s a place of deep cultural significance, boasting a rich collection of cultural sites, including ceremonial and sacred sites, and one of the world’s largest concentrations of rock art.
Joseph Markham and his daughter Josephine Markham. Credit: NITV
Standing at the base of the falls, Joseph Markham, a Jawoyn Traditional Owner for the Bolmo clan group, told NITV the place is significant for the creation spirit Bula.
“Bula is the creation spirit for this area… so part of the three clans’ obligation to this country is to look after those Bula sites because they’re not only important ceremony sites to the Jawoyn people but to the surrounding tribes across the Top End,” he said.
The long running legal battle
However, that decision was later overturned by the country’s highest court.
His hope going forward is to reconcile with Traditional Custodians and find a way of working together going forward.
Djungan man and Parks Australia director Ricky Archer said he accepted the decision and hopes to work with Traditional Owners going forward. Credit: NITV
“I completely accept the judgement handed down today,” Mr Archer said.
Aboriginal Land Protection Authority CEO Dr Benedict Scambary told NITV News, “it sets a precedent, it sends a clear message to government statutory corporations, and as the judge said, anyone proposing to do work in the Northern Territory.”