A Northern Territory Government department has been fined $26,000 for destroying a sacred "lightning tree" during road construction in a remote Aboriginal community.
The Department of Logistics and Infrastructure (DLI), which had spent years contesting the charge, pleaded guilty in the NT Local Court to destroying the sacred site at Arlparra, 200 km north of Alice Springs, in 2021.
According to the ABC, the court heard the DLI had received two certificates — from the Aboriginal Areas Protection Authority (AAPA) and the Central Land Council (CLC) — which specifically stated the tree must not be damaged. A walk-through with Traditional Owners, custodians, departmental staff and contractors was also conducted before work began.
Despite this, the road plans placed the tree directly in its path.
In a statement, the AAPA said that even though the DLI knew the tree's significance and the sacred site boundary, they "failed to carry out appropriate surveys, failed to include the sacred site boundary in the contract documents and approved construction in breach of the Authority Certificate".
The tree's roots were disturbed when a grader was clearing the road in July 2021, and the contractor's managing director later decided to excavate it. The department only formally reported its removal to the AAPA two months later, after a senior custodian discovered it was missing.
Judge David Bamber said the DLI was ultimately responsible for ensuring construction complied with sacred site protections, warning that they must pay more than "lip-service".
He said it was "pretty clear" the road put the tree at "great risk," while accepting that sacred sites sometimes intersect with roadworks, which are often designed and required to be in straight lines.
The ABC reported Judge Bamber acknowledged the DLI had already paid compensation to the CLC, to be distributed to custodians. In handing down the $26,000 fine, he noted the department had faced similar charges in the past and had delayed entering a guilty plea.
AAPA Chief Executive Officer Dr Benedict Scambary said the department's handling of the case had been distressing for custodians and costly for taxpayers, and argued the government has a "clear-cut, effective process for supporting development whilst protecting sacred sites".
"The DLI undertake a lot of work across the Northern Territory, and it is immensely disappointing to have the Department disregard the available process, destroy an important sacred site, and then spend years fighting the charges," he said.
"Today's ruling is very welcome."
AAPA Chair Bobby Nunggumajbarr said it was the government's responsibility to ensure workers and contractors comply with sacred site protections.
In thanking the court for "recognising the importance of respect for sacred sites," he said: "Authority Certificates give certainty and guidance so work can proceed without harming sacred sites. They can not just be ignored when it's convenient and contractors thrown under the bus."
"This work could have proceeded without disturbing the sacred site but instead the Arlparra community has suffered a serious cultural loss and the Authority has had to fight to hold the Department to account."
As reported by the ABC, a department spokesperson acknowledged the destruction of the tree caused "cultural loss and hurt," saying representatives had apologised to the community.
"The Department is sorry for the upset caused to Traditional Owners and the community," they said, adding new measures had been introduced to prevent similar incidents in the future.
