Sacred Sites and the Emergency Response
Consolidation Bill
- Finally, the NNTC is opposed to those provisions of the Emergency
Response Consolidation Bill 2008 which are proposed to be inserted
into the ALRA to provide for a Ministerial authorisation under s 70(2BB)
for access to Aboriginal land, subject to conditions. The Explanatory Memorandum
provides, as an example of a condition of Ministerial authorisation, that
sacred sites may not be entered.
- At present, s 69 of the ALRA makes it an offence for any person to enter
or remain on land in the Northern Territory that is a sacred site, except
in accordance with Aboriginal tradition. It is a defence if a person enters
or remains on the land in accordance with the ALRA, or a law of the Northern
Territory: s 69(2A). The Northern Territory Aboriginal Sacred Sites
Act 1989 (NT) establishes procedures which involve consultation with
traditional owners in respect of sacred sites.
- The NNTC opposes any amendment to the ALRA which would have the effect
of permitting the Minister to authorise access to sacred sites, and submits
that any amendment should make clear that a Ministerial authorisation to
enter Aboriginal land pursuant to s 70(2BB) does not authorise entry upon
a sacred site, contrary to the procedures of the Northern Territory
Aboriginal Sacred Sites Act.
- Any such amendment would be entirely unrelated to the purpose of securing
the “adequate advancement” of Aboriginal communities,
and, to the contrary, would constitute an unjustified and capricious assault
on the hard won right of Aboriginal people in the Northern Territory to
control access to their sacred sites as an important part of maintaining
their distinct identity.
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