Traditional owners in the northern territory have generated their frustration by the government plan to accelerate changes in the Aboriginal Sacred Sites Law, with a land council that says that the Government is treating them as children.
On Thursday afternoon, the CLP government introduced changes in the Law of Sacred Sites that, according to him, will provide “simpler and more simplified” approval processes “for development.
Certificates issued by the Aboriginal Aboriginal Protection Authority of the Territory (AAPA).
According to the amendments, the certificates would be transferable: if a developer with a certificate sells a property, then the certificate goes to the new buyer, even if the development will be substantially different.
But while the president of AAPA, Bobby Nunggumajbarr, says that the Board wants the Sacred Sites Law to be modernized and strengthened, they are disappointed that the Government hastened only very restricted amendments without a consultation throughout the territory with aboriginal custodians, land owners or the general public.
Nunggumajbar says that a week for the public to make presentations is not enough.
“According to our law, we don’t rush,” he said.
“The ceremony takes time. The consultation takes time.
“There is a cultural protocol that we must go through. We need to meet with aboriginal leaders throughout the territory.
“Not all communities have reliable internet or connectivity: they can’t just read online legislation. One week to respond to the scrutiny committee is not enough.”
The Central Land Council also criticized the government’s movement, saying that they rushed “poorly considered changes to laws that will threaten the rights and interests of traditional owners” without consulting them.
Earlier this month, the executive members and representatives of the other three NT land councils met with Minister Josh Burgoyne to know the amendments to the Sacred Sites Law.
“We asked for information, we gave us topics. We lacked respect and treated us as young children,” said Clc president Warren Williams.
“He simply asked us to accept that the intentions of the government behind the changes are good. It would not give us any details about the changes or how they would work.
“All I had was to speak empty.
“It is not surprising that we are all very alarmed.
“Do not believe if you try to pass this cynical exercise of Tick-A-Box as ‘consultation’ with land advice.”
But Burgoyne told NITV that the changes “would seek to strengthen the protection of sacred sites” and ensure that “regulatory processes are efficient and support safe and respectful development.”
The minister said that the amendments are related to the transferability of the authority certificates issued by the AAPA, the introduction of a required companies regime and the formalization of the membership provisions of the Board of AAPA.
“The conditions for which the AAPA evaluates the requests for certificates of authority with respect to the sacred sites will remain unchanged,” he said.
“I will continue working with the Tierra and AAPA advice throughout this process.
“As with all legislative changes, the amendment bill will sit for at least 28 days, allowing a consultation to occur and that the community expresses any concern about the bill.”
There is a great belief in the aboriginal community of NT that the CLP is promoting the reform to support the development of a hotel on the coast of Darwin.
Nigel Browne, Executive Director of Aboriginal Investment NT, said in a publication on LinkedIn that government changes were a “shame work.”
“In the context of Larrakia, these regressive reforms mean that the hotel development of the proposed Darwin Convention Center will continue on the basis that a certificate of authority of 2004, issued by AAPA for Darwin’s original promenade, will be transferred to a foreign developer,” said Larrakia and Wulna’s man.
“The developer plans to build a hotel of at least 11 floors high, directly impacting the registered Larrakia dream site located in and around Stokes Hill, immediately in front of the Convention Center.
“Despite the 2004 certificate related to a different development (that is, not originally issued in the contemplation of this new hotel), the NT government and its band of happy men trust the fact that it does not contain a restriction of height of the building (the same condition of Larrakia instructed AAPA to include in any new certificate issued in the sacred site and around the sacred site).”
Browne said that the Larrakia Development Corporation the Larrakia Cultural Center, currently under construction on the Paseo Marítimo, has a Certificate of AAPA authority that includes a height restriction so as not to interfere with Larrakia’s sleep history.
“Because the LDC followed the clear and concise legislative requirements and instructions of AAPA to consult with the custodians of Larrakia responsible for the sacred site,” he said.
“It seems that although AAPA’s processes were good enough for Larrakia to respect their own sites, it is not good enough for the NT government, the Darwin Waterfront corporation or the foreign developer.”
The Northern Land Council also denounced the changes, saying that they prioritize the development of the protection of the most important cultural heritage assets of the territory.
The president of the NLC, Matthew Ryan, said that they and other interested parties had contributed last year to a proposal that would really have strengthened the Law of Sacred Sites for the benefit of all territory, but their contribution had been largely ignored.
“It is very clear that this bill is a hurried job that undermines the integrity of the Law of Sacred Sites in favor of the defenders,” he said.
“The Sacred Sites Law is not about putting profits before our people; it is to protect our cultural heritage as we are obliged to do as custodians.
“Traditional owners deserve the courtesy of being consulted on matters of critical importance and are angry to be ignored.
“Ensuring rights for land and the protection of sacred sites and cultural heritage have been the rights won and this derogatory behavior of the NT government is nothing less than an attack against our people.”
Lost opportunity
Nunggumajbar said that the Sacred Sites Law is an extremely important legislation that should not be changed “simply to adapt to one development or another.”
He said that the AAPA Board supports the rationalization of existing processes, and the authority has previously carried out work in a wide range of potential changes in the Law of Sacred Sites that would support the economic development of the territory.
“We could be discussing a unique window where all aboriginal sites and sacred sites are protected under a single process and a single act,” he said.
“We could simplify the cost structure of authority. We could ensure that crimes and sanctions are in line with other patrimonial and environmental legislation.”
Instead of consulting a comprehensive reform, the Government has proposed a power of transfer of authority certificates to hurry, said Nunggumajbarr.
“The Sacred Sites Law is about aboriginal sacred places, and aborigines must be consulted on changes,” he said.
“Pastors, miners and many others who work along with sacred sites also need time to comment on this bill. There is a high risk of unwanted consequences when there is very little consultation.
“The fast time period and the limited nature of the amendments raise many questions about why this is happening.”
