Larrakia Nation warns NT Sacred Sites Bill "strips power from Aboriginal Custodians"

Giovanni Torre
Giovanni Torre Published March 31, 2025 at 2.05pm (AWST)

Larrakia Nation Aboriginal Corporation has condemned the Northern Territory government's proposed amendments to the Aboriginal Sacred Sites Act, warning the changes dismantle independent statutory protections and expose sacred sites to political and commercial interference.

Chairperson Travis Borsi said the Bill is a "targeted legislative attack" that undermines Aboriginal lore, custodianship and the Aboriginal Areas Protection Authority itself — enabling "covert ministerial control" over what is supposed to be an impartial body safeguarding sacred sites.

"This is not just about red tape. It's about control," Mr Borsi said.

"The government is giving itself power to people who can report back to the Minister to remove Aboriginal members who speak out or resist development. It's a clear strategy to silence dissent and neutralise Aboriginal voices who uphold cultural lore over commercial interest.

"If this Act is gutted, the only thing standing between sacred Country and bulldozers will be a Minister with a conflict of interest. That is a breach of trust and a legal disgrace."

Mr Borsi said the government's actions are part of a broader pattern of "colonial erasure and exploitation".

"We've said it before and we'll say it again: if the Crown insists on rewriting the rules, let it start by proving that this land was ever terra nullius. We never ceded it. And we will not stand in silence and allow this government to legislate away our inherent rights as custodians."

Several other Aboriginal organisations have raised the alarm about the government's plans, including the Northern Land Council, the Central Land Council, and the Aboriginal Areas Protection Authority.

Larrakia Nation identified a three key "red flags" with the Bill: Ministerial Overreach and Political Interference - The amendments allow the Minister to appoint two Authority members. This opens the door to covert political influence, where ministerial appointees can be used to sway decisions or target Aboriginal members whose views conflict with pro-development agendas; Undermining Cultural Lore and Statutory Safeguards - The legislation reframes the Authority's core role — from one of cultural protection to one of procedural facilitation for land use. It prioritises "certainty and processes for economic development" at the expense of cultural authority, legal integrity, and traditional consent — a significant departure from the principles of the Sacred Sites Act and the Aboriginal Land Rights (Northern Territory) Act 1976; and Eroding Custodian Control Over Site Access - Provisions that allow Authority Certificates to be transferred between parties — without new consultation with traditional owners — dilute the authority of custodians and reduce the consultation process to a one-time administrative box-tick. This severs future decision-makers from cultural accountability and opens sacred sites to long-term exploitation without renewed consent.

The Aboriginal Corporation described the proposed amendments are a legal Trojan horse.

"They are framed as "efficiency reforms," but in substance, they represent a power grab — enabling the NT Government to exert political influence over sacred site decisions and weaken Aboriginal authority at the highest level.

Larrakia Nation urged the immediate withdrawal of the Bill and called on the Northern Territory government uphold its obligations under Aboriginal lore, statutory law, and moral duty.

NT Environment Minister Joshua Burgoyne says the changes are designed make the process more "accessible, efficient, and protective of sacred sites".

Mr Burgoyne told AAP the proposed amendments came from recommendations from an independent review undertaken in 2016, which "undertook extensive consultation with stakeholders".

He said the amendments had been referred to the Legislative Scrutiny Committee and he would seek their passage in May 2025 sittings, allowing further consultation and the community to express any concerns.

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