AUSTRALIA COURT REPORT: Cattle company Hayes Enterprises pleads guilty, fined $32,400, after sacred trees destroyed during land clearing

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#AceNewsRoom With ‘Kindness & Wisdom’ Oct.08, 2022 @acenewsservices

Ace News Room Cutting Floor 08/10/2022

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#AceNewsDesk – A pastoral company has pleaded guilty over the destruction of dozens of important trees on a ceremonial ground in the Northern Territory’s Top End.

A dead tree knocked over beside a road.
The trees cleared on an important Gunapipi ceremony ground include two highly sacred ghost gums.(Supplied: Aboriginal Areas Protection Authority)none

Hayes Enterprises NT has been fined $32,400 over the damage, which happened at Mainoru Station, east of Katherine, in September 2020.

During a hearing on Friday, the Darwin Local Court heard that William Hayes had used a front-end loader to widen a road on the property and cleared 63 trees in the process.

The court was told that the company did not have permission from the Aboriginal Areas Protection Authority (AAPA) to perform the work, a step required under the Northern Territory Aboriginal Sacred Sites Act of 1989.

AAPA said the company had land council approval to muster buffalo in the area.

But it was not authorised to enter, or work on, what AAPA said was a significant Gunapipi ceremonial ground.

The entrance of the Darwin Local Court, on a sunny day. There are palm trees and blue sky in the background.
The company pleaded guilty to working on a sacred site without an authority certificate from AAPA.(ABC News: Che Chorley)none

The company’s defence lawyer said Mr Hayes immediately felt regret and remorse when local rangers informed him of what prosecutors said was the result a “litany of errors”.

His defence team said Mr Hayes had previously had “a productive and meaningful relationship” with traditional owners.

In addition to the $32,400 fine, Hayes Enterprises had already paid $25,000 to traditional owners in an out-of-court settlement. The clearing happened on Mainoru Station near Bulman in September 2020.(Supplied: NT Department of Environment and Natural Resources)none

Judge John Neill said the breach was in the lower order of offences and was “careless” rather than cavalier, with the company failing to do its due diligence by inspecting the registry of sacred sites.

Outside court, AAPA acting chief executive Sophie Creighton said the trees on the site, including two sacred ghost gums, were manifestations of a number of important Dreamings.

“The immense suffering and harm done here could have been avoided,” she said.

“Pastoralists need to listen, and to work with custodians to protect these cultural places of national significance.”

Senior custodian Kenny Murray said the damage done to the sacred site was irreparable. 

“The damage that has been done to our trees, it is like physical harm to our family because the spirits of our elders are in those trees,” he said.

“We are Jungkayi [guardians] for that country and there is great shame felt about the damage, because it is our responsibility to protect those trees.”

#AceNewsDesk report ………..Published: Oct.08:  2022:

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