A new High Court ruling has found that the Commonwealth is criminally liable for sacred site damage in Kakadu

Eight Traditional Owners appealed a Supreme Court ruling at the High Court in December last year.

The Aboriginal Areas Protection Authority filed a charge against Parks Australia for constructing a walking track on a sacred site in 2019. Source: AAP

Traditional Owners have welcomed a High Court ruling which found that the Commonwealth can now be criminally liable for damage to sacred sites.

The ruling means that the Director of National Parks - the Commonwealth corporate entity responsible for six national parks - can no longer be protected by 'Crown immunity'.

In December last year, eight Jawoyn Traditional Owners appealed a ruling by the Northern Territory Supreme Court which determined that the Commonwealth would not be held legally responsible for damage to a sacred site in Kakadu National Park in 2019.

The Traditional Owners took legal action after construction of a walkway was undertaken too close to a sacred men's site near Gunlom Falls.

In a unanimous decision, the highest court in the country overturned the Supreme Court decision, which sets a precedent of holding the Commonwealth responsible for damage of sacred sites.

One of the eight Jawoyn Traditional Owners, Rachael Wilika, has praised the ruling.

“This decision makes me feel yillk-makgu – good and strong in spirit,” she said.

“It’s been passed down from them Old People, strong spirit and to fight whatever comes, and to keep culture strong.”

Balang Joshua Hunter, another Traditional Owner part of the appeal process, said that Gunlom needs to be protected so that culture can be passed down to the next generation.

“This is good news. Gunlom is a special place for all of us and we thank the High Court for their decision," he said.

“It is important that Gunlom is preserved for future generations to uphold law, culture and protocols."

The Aboriginal Areas Protection Authority's chief executive Benedict Scambary said that the case has set a precedent when sacred sites are damaged.

"This successful High Court appeal makes very clear that National Parks can be held to account under the NT Sacred Sites Act for damaging Aboriginal sacred sites," Mr Scambary told AAP.

"Going forward, Commonwealth corporations and officers in the NT cannot assume that territory criminal laws, including the Sacred Sites Act, do not apply to them."