{"id":"northern-territory-aboriginal-sacred-sites-act-1989","name":"Northern Territory Aboriginal Sacred Sites Act 1989","slug":"northern-territory-aboriginal-sacred-sites-act-1989","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30431,"registerId":"nt-northern-territory-aboriginal-sacred-sites-act-1989-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northern Territory Aboriginal Sacred Sites Act 1989","content":"NORTHERN TERRITORY OF AUSTRALIA\nNORTHERN TERRITORY ABORIGINAL SACRED SITES ACT 1989\nAs in force at 30 May 2025\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Act binds Crown .............................................................................. 3\nPart II Administration\n5 Establishment of Authority ............................................................... 3\n6 Composition of Authority ................................................................. 4\n7 Resignation and termination of membership ................................... 4\n8 Leave of absence ............................................................................ 5\n9 Acting appointments ........................................................................ 5\n10 Functions of Authority ...................................................................... 6\n11 Powers of Authority ......................................................................... 6\n12 Meetings of Authority ....................................................................... 7\n13 Protection of members .................................................................... 8\n14 Annual report ................................................................................... 8\n15 Chief Executive Officer .................................................................... 8\n16 Acting Chief Executive Officer ......................................................... 8\n17 Other staff of Authority .................................................................... 9\n18 Salaries, allowances and expenses ................................................ 9\n19 Delegation ....................................................................................... 9\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\n19A Definitions ........................................................................................ 9\n19B Application for Authority Certificate ............................................... 10\n19C Authority to classify application ..................................................... 10\n19D Fees and charges .......................................................................... 10\n19E Non-standard application............................................................... 10\n19F Authority to consult with custodians .............................................. 11\n19G Applicant may request conference with custodians ....................... 11\n19H Applicant may have matter referred to Minister ............................. 12\n19J Minister may require security ......................................................... 12\n19K Account for charges....................................................................... 12\n19L Conference with custodians .......................................................... 13\n\nNorthern Territory Aboriginal Sacred Sites Act 1989 ii\nDivision 1 Avoidance of sacred sites\n22 Authority Certificate ....................................................................... 13\n23 Variation of Certificate ................................................................... 14\n24 New applications on refusal of Authority ....................................... 14\n24A Transfer of Certificate .................................................................... 14\n24B Recorded parties for Certificate ..................................................... 15\n25 Effect of Certificate ........................................................................ 16\n26 Register of Certificates, &c. ........................................................... 16\nDivision 2 Documenting, evaluating and registering\nsacred sites\n27 Application to have site registered ................................................. 16\n28 Representations by owners of land on which site situated ............ 17\n29 Registering of sacred sites ............................................................ 17\nDivision 3 Review procedure\n30 Application for review .................................................................... 18\n31 Consideration of report and recommendations ............................. 19\n32 Decision of Minister ....................................................................... 19\nPart IV Offences, penalties and procedures\n33 Entry onto sacred sites .................................................................. 20\n34 Work on sacred site....................................................................... 20\n35 Desecration ................................................................................... 20\n36 Defences ....................................................................................... 21\n37 Contravention of sites avoidance conditions ................................. 21\n38 Secrecy.......................................................................................... 21\n39 Authority to bring prosecutions ...................................................... 22\n39A Time for commencing prosecution ................................................ 22\n39B Enforceable undertakings .............................................................. 22\n39C Authority may accept enforceable undertaking ............................. 23\n39D Enforcement orders ....................................................................... 23\n39E Power of Authority to take action ................................................... 24\n39F Variation or withdrawal of enforceable undertaking by interest\nholder ............................................................................................ 24\n39G No criminal proceedings while enforceable undertaking in\nforce .............................................................................................. 25\n39H No further proceedings if enforceable undertaking complied\nwith ................................................................................................ 25\nPart V Miscellaneous\n40 Non-derogation from other laws or rights ...................................... 25\n41 Powers to protect sacred sites ...................................................... 26\n42 Wishes of Aboriginals to be taken into account ............................. 26\n\nNorthern Territory Aboriginal Sacred Sites Act 1989 iii\n43 Permission to enter and remain on sacred site ............................. 26\n44 Proprietary rights of owners of land preserved .............................. 27\n45 Evidence that site is sacred site .................................................... 27\n46 Aboriginals' right of access to sacred sites .................................... 27\n47 Access to sacred sites across other land ...................................... 27\n48 Inspection of register and other records ........................................ 28\n48A Acquisition to be on just terms....................................................... 28\n48B Fees and charges are debt due and payable ................................ 29\n49 Regulations.................................................................................... 29\nPart VI Repeal, savings and transitional\n50 Repeal ........................................................................................... 29\n52 Interim Authority ............................................................................ 29\n53 Appointment of first Chairman, &c. ................................................ 30\n54 Property of former Authority .......................................................... 30\nPart VII Transitional matters for Northern Territory\nAboriginal Sacred Sites Legislation\nAmendment Act 2025\n55 Continuation of appointments and application of amendments ..... 30\nSchedule Acts and provisions repealed\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 May 2025\n____________________\nNORTHERN TERRITORY ABORIGINAL SACRED SITES ACT 1989\nAn Act to effect a practical balance between the recognized need to\npreserve and enhance Aboriginal cultural tradition in relation to certain\nland in the Territory and the aspirations of the Aboriginal and all other\npeoples of the Territory for their economic, cultural and social\nadvancement, by establishing a procedure for the protection and\nregistration of sacred sites, providing for entry onto sacred sites and the\nconditions to which such entry is subject, establishing a procedure for the\navoidance of sacred sites in the development and use of land and\nestablishing an Authority for the purposes of the Act and a procedure for\nthe review of decisions of the Authority by the Minister, and for related\npurposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Northern Territory Aboriginal Sacred\nSites Act 1989.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act:\nAboriginal means a person who is a member of the Aboriginal race of\nAustralia.\nAboriginal member means a member of the Authority appointed from\na panel of persons nominated by the Land Councils or as provided in\nsection 6(6).\nAboriginal tradition has the same meaning as in the Land Rights Act.\nAuthority means the Aboriginal Areas Protection Authority established\nby section 5(1).\nAuthority Certificate means a certificate issued under section 22(1).\n\nPart I Preliminary\nNorthern Territory Aboriginal Sacred Sites Act 1989 2\nChairman means the Chairman of the Authority and includes a\nmember appointed under section 9(1) to act in the place of the\nChairman.\nChief Executive Officer means the Chief Executive Officer appointed\nunder section 15(1) and includes a person appointed under section 16\nto act as the Chief Executive Officer while so acting.\ncustodian, in relation to a sacred site, means an Aboriginal who, by\nAboriginal tradition, has responsibility for that site and, in Part II,\nincludes a custodian of any sacred site.\nenforceable undertaking, see section 39B(1).\nland includes land covered by water (including such land in the\nTerritorial sea) and the water covering land.\nLand Council has the same meaning as in the Land Rights Act.\nLand Rights Act means the Aboriginal Land Rights (Northern\nTerritory) Act 1976 of the Commonwealth as amended from time to\ntime.\nmember means a member of the Authority and includes a person\nappointed under section 9(2) to act in the place of a member.\nMinister's Certificate means a certificate issued under\nsection 32(1)(b).\nowner, in relation to land, means a person having a legal or equitable\nproprietary interest in the land:\n(a) including a person:\n(i) who holds a mineral title under the Mineral Titles Act 2010\nauthorising the person to conduct mining for minerals or\nextractive minerals on the land; or\n(ii) who may exercise rights on the land under a non-compliant\nexisting interest as defined in section 204(1) of that Act; but\n(b) not including a person who holds a mineral title under that Act\nauthorising the person to conduct only exploration for minerals or\nextractive minerals on the land.\nrecorded party, for an Authority Certificate, means a person who is\nspecified in the Certificate as a recorded party for the Certificate.\nRegister means the Register of Sacred Sites kept in pursuance of\nsection 10(d).\nrepealed Acts means the Acts and provisions repealed by section 50.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 3\nsacred site means a sacred site within the meaning of the Land\nRights Act.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Act binds Crown\n(1) This Act binds the Territory Crown and, to the extent the legislative\npower of the Legislative Assembly permits, the Crown in all its other\ncapacities.\n(2) If the Territory Crown in any of its capacities commits an offence\nagainst this Act, the Territory Crown is liable in that capacity to be\nprosecuted for the offence as if it were a body corporate.\n(3) This section does not affect any liability of an officer, employee or\nagent of the Territory Crown to be prosecuted for an offence.\n(4) In this section:\nTerritory Crown means the Crown in right of the Territory and\nincludes:\n(a) an Agency; and\n(b) an authority or instrumentality of the Territory Crown.\nPart II Administration\n5 Establishment of Authority\n(1) There is hereby established an Authority by the name of the Aboriginal\nAreas Protection Authority.\n(2) The Authority:\n(a) is a body corporate with perpetual succession;\n(b) shall have a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real (including leasehold) and personal property and\nof suing and being sued.\n(3) All courts, judges and persons acting judicially shall take judicial notice\nof the common seal of the Authority affixed to a document and shall\nassume that it was duly affixed.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 4\n(5) The Authority, in the performance of its functions and the exercise of\nits powers, other than a function or power under section 17, 43 or 51 or\nPart III or IV, is subject to the direction of the Minister.\n6 Composition of Authority\n(1) The Authority consists of 12 members appointed by the Administrator\nby notice in the Gazette.\n(2) Ten members of the Authority are to be custodians of sacred sites\nappointed in equal number from a panel of 10 male custodians and 10\nfemale custodians nominated by the Land Councils, or otherwise as\nprovided in subsection (5) or (6).\n(2A) Two members of the Authority are to be persons appointed on the\nnomination of the Minister.\n(3) The Administrator must, on the nomination of the members of the\nAuthority, appoint an Aboriginal member to be the Chairman of the\nAuthority and another, of the opposite sex to the person appointed as\nthe Chairman, to be its Deputy Chairman.\n(4) A member holds office as a member for such period, not exceeding 3\nyears, as is specified in the instrument of his or her appointment but is\neligible for reappointment.\n(5) The Minister must, when the occasion for the appointment of the\nAboriginal members arises, by written notice to the Land Councils,\nrequest them to nominate a panel of 10 male custodians, and another\npanel of 10 female custodians, from which the Administrator may\nappoint 5 Aboriginal members of each sex or, where there is a\nvacancy in the office of an Aboriginal member (including a vacancy\ncaused by a member's term of office expiring), to nominate a panel of\ntwice the number of custodians of the relevant sex as the number of\nvacancies from which the Administrator may appoint the required\nnumber of members to fill the vacancy or vacancies.\n(6) If the Land Councils do not, within 60 days after being requested to do\nso, nominate a panel of the required number of qualified persons\nunder subsection (5), the Administrator may appoint such custodians\nof the appropriate sex as the Administrator thinks fit to be the\nAboriginal members or to fill the vacancy or vacancies, whether or not\nthose Aboriginals may have been included in a panel of persons\nnominated by the Land Councils or a Land Council.\n7 Resignation and termination of membership\n(1) A member may resign office by writing signed by or on behalf of him or\nher and delivered to the Administrator.\n(2) A resignation by a member delivered in accordance with subsection (1)\ndoes not have effect until it is accepted by the Administrator.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 5\n(3) The Administrator may terminate the appointment of an Aboriginal\nmember on the grounds of incompetence or misbehaviour.\n(3A) The Minister may, at any time and at the Minister's discretion, make a\nwritten recommendation to the Administrator for the termination of the\nappointment of a member who was appointed on the Minister's\nnomination under section 6(2A).\n(3B) On the Minister's recommendation under subsection (3A), the\nAdministrator may terminate the appointment of the member\nnominated by the Minister.\n(4) The Administrator must terminate the appointment of a member if the\nmember:\n(a) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with his or her\ncreditors or makes an assignment of his or her remuneration for\ntheir benefit;\n(b) is, without leave granted by the Authority, absent from\n3 consecutive meetings of the Authority of which reasonable\nnotice has been given personally or in the ordinary course of\npost;\n(c) is the subject of a report of the Chief Health Officer, based on\nadvice from 2 medical practitioners, that as a result of the\nmember's mental illness, as defined in the Mental Health and\nRelated Services Act 1998, he or she has become incapable of\nperforming his or her duties as a member and is unlikely to be\nable to perform them for the remainder of his or her term of\nappointment; or\n(d) becomes permanently incapable of performing his or her duties\nas a member.\n8 Leave of absence\nThe Authority may grant leave of absence to a member.\n9 Acting appointments\n(1) Where:\n(a) the Chairman is absent from duty; or\n(b) the position of Chairman is vacant,\nthe Minister may appoint an Aboriginal member to act in the place of\nthe Chairman during the period of absence or the vacancy.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 6\n(2) Where a member is absent from duty with leave, the Minister may, if\nthe Authority so requests, appoint a person to act in the place of the\nmember during the period of absence.\n10 Functions of Authority\nThe functions of the Authority are:\n(a) to facilitate discussions between custodians of sacred sites and\npersons performing or proposing to perform work on or use land\ncomprised in or in the vicinity of a sacred site, with a view to their\nagreeing on an appropriate means of sites avoidance and\nprotection of sacred sites;\n(b) to carry out research and keep records necessary to enable it to\nefficiently carry out its functions;\n(c) to establish such committees (including executive and regional\ncommittees), consisting of such members and other persons, as\nare necessary to enable it to carry out its functions;\n(d) to establish and maintain a register to be known as the Register\nof Sacred Sites and such other registers and records as required\nby or under this Act;\n(e) to examine and evaluate applications made under sections 19B\nand 27;\n(f) after considering an application under section 19B, and in\naccordance with Division 1 of Part III, to issue or refuse to issue\nan Authority Certificate;\n(g) to make available for public inspection the Register and records\nof all agreements, certificates and refusals except to the extent\nthat such availability would disclose sensitive commercial\ninformation or matters required by Aboriginal tradition to be kept\nsecret;\n(h) to make such recommendations to the Minister on the\nadministration of this Act as it thinks fit;\n(j) to perform such other functions as are imposed on it by or under\nthis or any other Act, or as directed by the Minister; and\n(k) to enforce this Act.\n11 Powers of Authority\nThe Authority has such powers as are necessary to enable it to\nperform its functions and exercise its powers.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 7\n12 Meetings of Authority\n(1) Subject to subsections (2) and (3), the Chairman shall call such\nmeetings of the Authority and committees of the Authority as are\nnecessary for the performance of the functions of the Authority.\n(2) The Chairman shall call not less than 4 meetings of the Authority in\neach full calendar year of its operation.\n(3) The Chairman shall call a meeting of the Authority or a committee of\nthe Authority if required to do so by the Minister.\n(4) The Chairman shall determine the times and places of the meetings of\nthe Authority and its committees.\n(5) Subject to subsection (6), the Chairman shall preside at all meetings of\nthe Authority at which he or she is present and in the absence of the\nChairman the Deputy Chairman shall preside. In the absence of the\nChairman and Deputy Chairman the members present shall elect one\nof their number to preside.\n(6) Neither the Chairman nor the Deputy Chairman shall preside or\ncontinue to preside at a meeting of the Authority if the Authority is of\nthe opinion that, in accordance with Aboriginal tradition, it would not be\nappropriate for him or her to do so.\n(7) At a meeting of the Authority:\n(a) seven members, not less than 2 of whom are male Aboriginal\nmembers and not less than 2 of whom are female Aboriginal\nmembers, constitute a quorum;\n(b) questions arising shall be determined by a majority of the votes\nof the members present and voting and in the event of an\nequality of votes the person presiding at the meeting shall have a\ncasting vote in addition to his or her deliberative vote; and\n(c) subject to this Act, the Authority shall determine the procedure to\nbe followed at or in connection with the meeting.\n(8) The quorum and proceedings at a meeting of a committee of the\nAuthority shall be as determined by the Authority.\n(9) The Authority shall cause minutes to be kept of its meetings and of the\nmeetings of its committees.\n\nPart II Administration\nNorthern Territory Aboriginal Sacred Sites Act 1989 8\n(10) An Aboriginal member may require the Authority or a committee of the\nAuthority of which the Aboriginal member is a member to admit to a\nmeeting of the Authority or committee, as the case may be, a person\nwho in accordance with Aboriginal tradition is able to assist the\nmember to participate more fully in the deliberations at the meeting\nand may require the Authority or committee to allow the person to\naddress the meeting on the member's behalf, and the Authority or\ncommittee shall comply with the requirement.\n(11) A person admitted to a meeting pursuant to subsection (10) shall not\nvote on any matter at the meeting.\n13 Protection of members\nNo action or proceeding, civil or criminal, shall lie against the\nChairman or a member for or in respect of an act or thing done or\nomitted to be done in good faith by a member in his or her capacity as\nthe Chairman or a member.\n14 Annual report\n(1) The Chairman shall, as soon as practicable after 30 June in each year,\nsubmit to the Minister a report on the administration and operation of\nthe Authority during the previous 12 months to and including 30 June\nof that year or, in the case of the first report, during the period since\nthe establishment of the Authority.\n(2) The Minister shall lay a copy of the report referred to in subsection (1)\nbefore the Legislative Assembly within 6 sitting days of the Assembly\nafter the Minister receives the report.\n15 Chief Executive Officer\n(1) The Administrator shall appoint a Chief Executive Officer of the\nAuthority who shall be charged with carrying out the decisions of the\nAuthority.\n(2) The Chief Executive Officer shall:\n(a) be paid such salary, allowances and expenses; and\n(b) hold office on such terms and conditions,\nas the Minister, with the advice of the Commissioner for Public\nEmployment, as defined in the Public Sector Employment and\nManagement Act 1993, determines.\n16 Acting Chief Executive Officer\nWhere the Chief Executive Officer is or is expected to be absent from\nduty or from the Territory, or there is a vacancy in the office of the\nChief Executive Officer, the Authority may appoint a person employed\n\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\nNorthern Territory Aboriginal Sacred Sites Act 1989 9\nby the Authority, to act as the Chief Executive Officer during the\nabsence or until the vacancy is filled.\n17 Other staff of Authority\n(1) The Authority may, on such terms and conditions as are approved by\nthe Commissioner, as defined in the Public Sector Employment and\nManagement Act 1993, employ such staff as are necessary to enable\nit to perform its functions and exercise its powers.\n(2) Where immediately before the commencement of this Act a person\nwas employed under section 15 of the repealed Acts as then in force,\nthat person shall, on the commencement of this Act, be an employee\nof the Authority employed on the same terms and conditions as\napplied to the person immediately before that commencement.\n18 Salaries, allowances and expenses\nAll allowances and other expenses payable to members of the\nAuthority and the salary, allowances and expenses payable to the\nChief Executive Officer and other persons employed by the Authority\nshall be paid out of the moneys of the Authority.\n19 Delegation\n(1) The Authority may, by resolution, delegate to the Chairman, a member\nor members of a committee of the Authority, the Chief Executive\nOfficer or a person employed by the Authority any of its powers and\nfunctions under this Act, other than this power of delegation.\n(2) A power or function delegated under this section, when exercised or\nperformed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Authority.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Authority.\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\n19A Definitions\nIn this Division, unless the contrary intention appears:\nnon-standard application means an application classified by the\nAuthority under section 19C as non-standard.\nstandard application means an application classified by the Authority\nunder section 19C as standard.\n\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\nNorthern Territory Aboriginal Sacred Sites Act 1989 10\n19B Application for Authority Certificate\nA person who proposes to use or carry out work on land may apply to\nthe Authority, in a form approved by the Authority, for an Authority\nCertificate.\n19C Authority to classify application\n(1) The Authority must classify an application under section 19B as either\na standard application or a non-standard application.\n(2) When classifying an application in accordance with subsection (1), the\nAuthority must have regard to the guidelines set out in the\nRegulations.\n19D Fees and charges\n(1) A standard application is to be accompanied by the prescribed fee.\n(2) If an application is classified as non-standard, the Authority may\ncharge the applicant an amount, calculated in accordance with the\nRegulations, that represents the Authority's costs and expenses in\nrespect of the determination of the application.\n19E Non-standard application\n(1) If the Authority classifies an application as non-standard, the Authority\nmust:\n(a) give notice to the applicant accordingly, including advising the\napplicant that charges will apply in respect of the determination\nof the application;\n(b) provide the applicant with a copy of the guidelines that relate to:\n(i) the classification of an application as a standard or\nnon-standard application; and\n(ii) the charges that will apply in respect of the determination\nof the application; and\n(c) if the applicant requests – provide the applicant with an estimate\nof the amount of the charges that will apply in respect of the\ndetermination of the application.\n(2) An applicant who intends to proceed with a non-standard application\nmust confirm in writing within 60 days of receiving notice under\nsubsection (1)(a) that the charges applicable in respect of the\napplication will be met by the applicant.\n(3) If an applicant fails to confirm in accordance with subsection (2) that\nthe charges will be met, the application is taken to have lapsed.\n\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\nNorthern Territory Aboriginal Sacred Sites Act 1989 11\n19F Authority to consult with custodians\nAs soon as practicable (but not later than 60 days or such longer\nperiod as the Minister approves) after:\n(a) a standard application is received; or\n(b) written confirmation in accordance with section 19E(2) is\nreceived in relation to a non-standard application,\nthe Authority must consult with the custodians of sacred sites on or in\nthe vicinity of the land to which the application relates that are likely to\nbe affected by the proposed use or work.\n19G Applicant may request conference with custodians\n(1) An applicant under section 19B may request the Authority to arrange a\nconference on the application or terms and conditions of an Authority\nCertificate, or as the case may be, between the applicant and the\ncustodians of the relevant sites.\n(2) A request under subsection (1) is to be in writing and may be made\nbefore or after the issue of an Authority Certificate in relation to the\nland.\n(3) If a request for a conference has been made under subsection (1), the\napplicant or a custodian of a site with whom the applicant has\nrequested the conference may apply to the Authority for the\nconference to be held in the presence of the Authority or a member or\ncommittee of the Authority authorised by the Authority for that\npurpose.\n(4) If a request for a conference has been made under subsection (1), the\nAuthority must:\n(a) assess whether the holding of the conference is likely to entail\nsignificant costs, having regard to the matters prescribed in the\nRegulations; and\n(b) if the conference is likely to entail significant costs:\n(i) advise the applicant that charges will apply to recover the\ncosts of the Authority;\n(ii) provide the applicant with a copy of the guidelines that\nrelate to the charges that will apply in respect of the\nconference; and\n(iii) if the applicant requests – provide the applicant with an\nestimate of the amount of the charges that will apply in\nrespect of the conference.\n\nPart III Sites protection procedure\nDivision 1A Application for Authority Certificate\nNorthern Territory Aboriginal Sacred Sites Act 1989 12\n(5) An applicant who intends to proceed with a request for a conference\nmust confirm in writing within 60 days of receiving notice that charges\nwill apply in respect of the conference that the charges will be met by\nthe applicant.\n(6) If an applicant fails to confirm in accordance with subsection (5) that\nthe charges will be met, the request for the conference is taken to\nhave been withdrawn.\n19H Applicant may have matter referred to Minister\n(1) An applicant who is aggrieved by:\n(a) a decision by the Authority to classify an application as\nnon-standard;\n(b) the amount of charges applied in respect of the determination of\na non-standard application; or\n(c) the amount of charges applied in respect of a conference\nreferred to in section 19G,\nmay make written submissions on the matter and require the Authority\nto refer the matter to the Minister.\n(2) The Authority must refer the submissions referred to in subsection (1)\nto the Minister together with the Authority's comments and the Minister\nmust decide the matter.\n19J Minister may require security\nThe Minister may require an applicant who is liable for charges in\nrespect of a non-standard application or a conference to lodge with the\nMinister security, in the amount the Minister thinks fit, for the charges.\n19K Account for charges\n(1) When the costs incurred by the Authority in respect of determining a\nnon-standard application or in respect of a conference requested\nunder section 19G are known, the Authority must calculate the\ncharges applicable in accordance with the guidelines set out in the\nRegulations and provide the applicant with an account advising the\namount payable and the date by which it is to be paid.\n(2) On receipt of an account under subsection (1), the applicant must pay\nto the Authority the amount payable by the specified date.\n\nPart III Sites protection procedure\nDivision 1 Avoidance of sacred sites\nNorthern Territory Aboriginal Sacred Sites Act 1989 13\n19L Conference with custodians\n(1) If:\n(a) the Authority receives a request under section 19G for a\nconference; and\n(b) if applicable – confirmation in accordance with section 19G(5)\nhas been received that charges will be met,\nthe Authority must, within 60 days of:\n(c) receiving the request or the confirmation (as appropriate); or\n(d) the expiry of the period specified under section 19F,\nwhichever is the later, arrange for the conference to be held as soon\nas practicably suits the applicant and the custodians.\n(2) The Minister may, in the circumstances of a particular case, allow a\nlonger period as the Minister specifies within which period the Authority\nmust arrange for the conference to be held.\n(3) If a request for a conference is received under section 19G before the\nAuthority has determined the application in relation to which the\nconference is requested, the Authority must stay the making of a\ndecision to issue or refuse to issue an Authority Certificate in the\nmatter until the conference has been held, unless the request is\nsooner withdrawn in writing or taken to be withdrawn under\nsection 19G(6).\nDivision 1 Avoidance of sacred sites\n22 Authority Certificate\n(1) The Authority shall, where it is satisfied that, in relation to an\napplication under section 19B:\n(a) the work or use of the land could proceed or be made without\nthere being a substantive risk of damage to or interference with a\nsacred site on or in the vicinity of the land; or\n(b) an agreement has been reached between the custodians and the\napplicant,\nissue an Authority Certificate to the applicant (which, in the case where\nan agreement referred to in paragraph (b) has been reached, is in\naccordance with the agreement):\n(c) describing the part or parts of the land on which the work\nproposed in the application may be carried out or use made (or\non which the work may not be carried out or use made, as the\n\nPart III Sites protection procedure\nDivision 1 Avoidance of sacred sites\nNorthern Territory Aboriginal Sacred Sites Act 1989 14\ncase may be) with sufficient particularity to enable the land and\npart or parts to be identified; and\n(d) setting out the conditions, if any, on which under this Act the\nwork may be carried out or use made as the Authority thinks\naccords with the custodians' wishes or, if an agreement has been\nreached between the custodians and the applicant, accords with\nthat agreement.\n23 Variation of Certificate\nA person to whom an Authority Certificate is issued or who would,\nunder section 19B, be entitled to apply for an Authority Certificate, may\napply to the Authority for a variation of an Authority Certificate and\nDivision 1A and this Division, with the necessary changes, apply as if\nthe application for the variation were an application for a Certificate.\n24 New applications on refusal of Authority\nWhere the Authority refuses to issue an Authority Certificate on an\napplication under section 19B or vary a Certificate on an application\nunder section 23, the applicant may not again apply under that section\nfor the issue or variation, as the case may be, of an Authority\nCertificate in respect of the land or part of land to which the original\napplication related, except with the permission in writing of the\nMinister.\n24A Transfer of Certificate\n(1) A person (the transferee) may, with the consent of the person to\nwhom an Authority Certificate (the existing Certificate) was issued,\napply to the Authority for the existing Certificate to be transferred to the\ntransferee.\n(2) The application must be:\n(a) in a form approved by the Authority; and\n(b) accompanied by the prescribed fee.\n(3) After receiving the application, the Authority must issue a new\nAuthority Certificate to the transferee.\n(4) The new Authority Certificate must be issued:\n(a) in respect of the same land and work or use of the land that were\nthe subject of the existing Certificate; and\n(b) subject to the same conditions to which the existing Certificate\nwas subject.\n\nPart III Sites protection procedure\nDivision 1 Avoidance of sacred sites\nNorthern Territory Aboriginal Sacred Sites Act 1989 15\n(5) On the issue of the new Authority Certificate, the existing Certificate is\nautomatically cancelled.\n24B Recorded parties for Certificate\n(1) Any of the following may be specified in an Authority Certificate as a\nrecorded party, or as recorded parties, for the Certificate:\n(a) a specified person;\n(b) persons of a specified class, including persons who, from time to\ntime, carry out work or make use of the land that is the subject of\nthe Certificate.\n(2) A person to whom an Authority Certificate (the existing Certificate)\nwas issued may apply to the Authority for one or more persons\nspecified in the application to be added to the Certificate as a recorded\nparty, or as recorded parties, for the Certificate.\n(3) The application must be:\n(a) in a form approved by the Authority; and\n(b) accompanied by the prescribed fee.\n(4) After receiving the application, the Authority must issue a new\nAuthority Certificate to the applicant in place of the existing Certificate.\n(5) The new Authority Certificate must:\n(a) specify as a recorded party, or as recorded parties, for the\nCertificate the person or persons who were specified in the\napplication; and\n(b) be issued:\n(i) in respect of the same land and work or use of the land\nthat were the subject of the existing Certificate; and\n(ii) subject to the same conditions to which the existing\nCertificate was subject.\n(6) On the issue of the new Authority Certificate, the existing Certificate is\nautomatically cancelled.\n\nPart III Sites protection procedure\nDivision 2 Documenting, evaluating and registering sacred sites\nNorthern Territory Aboriginal Sacred Sites Act 1989 16\n25 Effect of Certificate\nSubject to the conditions, if any, of an Authority Certificate, a person to\nwhom the Certificate was issued or a person who is a recorded party\nfor the Certificate may:\n(a) enter and remain on that part or those parts of land the subject of\nthe Certificate on which, under the Certificate, work or a use\nproposed in the application for the Certificate may be carried out\nor made; and\n(b) do such things on the land as are reasonably necessary for\ncarrying out that work or making that use of the land.\n26 Register of Certificates, &c.\nThe Authority shall keep, in a form approved by the Minister, a\nseparate register in which it shall keep a copy of all applications made\nand certificates issued under Divisions 1 and 3 of this Part, details of\nall refusals to issue a certificate and such other information as is\nprescribed.\nDivision 2 Documenting, evaluating and registering sacred\nsites\n27 Application to have site registered\n(1) A custodian of a sacred site may apply to the Authority for the site to\nbe registered in the Register.\n(2) As soon as practicable after an application under subsection (1) is\nreceived by the Authority it shall consult with the applicant and other\ncustodians, if any, of the sacred site to determine:\n(a) the basis on and extent to which the applicant and other\ncustodians, if any, are entrusted with responsibility for the site\naccording to Aboriginal tradition;\n(b) the name or names and addresses of the custodian or\ncustodians;\n(c) the story of the site according to Aboriginal tradition;\n(d) the location and extent of the site;\n(e) the restrictions, if any, according to Aboriginal tradition, on\nactivities that may be carried out on or in the vicinity of the site;\n(f) the physical features that constitute the site;\n(g) whether, and if so to what extent, the period of the registration\n\nPart III Sites protection procedure\nDivision 2 Documenting, evaluating and registering sacred sites\nNorthern Territory Aboriginal Sacred Sites Act 1989 17\nshould be limited; and\n(h) the restrictions, if any, that should be applied to information\nabout matters referred to in paragraph (c) or (f) divulged by the\ncustodian or custodians.\n(3) Except to the extent that the Authority determines under\nsubsection (2)(h) that the information should not be recorded, the\nAuthority shall reduce to writing the information obtained as a result of\nconsultations under subsection (2).\n28 Representations by owners of land on which site situated\n(1) Before registering a sacred site as the result of an application under\nsection 27(1) the Authority shall give to each owner of land comprised\nin the site or on which the site is situated a notice:\n(a) giving details of the area concerned;\n(b) inviting the owner to make written representations in connection\nwith the application by a specified date, being not earlier than\n28 days after the receipt of the notice; and\n(c) specifying an address to which such representations may be\nsent.\n(2) The Authority shall give due consideration to all representations made\nby an owner as the result of an invitation under subsection (1)(b) and\nin particular shall make and record its findings in relation to the\nimmediate or possible detrimental effect, if any, the fact that the site is\na sacred site may have on the owner's proprietary interest in the land.\n(3) Where the owner of land to whom a notice under subsection (1) has\nbeen given advises the Authority that the owner's intended work on or\nuse of the land may be constrained by the existence of the sacred site,\nthe Authority shall advise the owner, in writing, of the owner's right to\napply for an Authority Certificate in relation to the land.\n29 Registering of sacred sites\nWhere after examining and evaluating:\n(a) the information obtained as a result of consultations under\nsection 27(2);\n(b) any representations made under section 28(1); and\n(c) such other information concerning the site as is available to it,\nthe Authority is satisfied that the site the subject of the application is a\nsacred site, it shall place the information recorded in pursuance of\nsection 27(3) and a record of its findings referred to in section 28(2), if\n\nPart III Sites protection procedure\nDivision 3 Review procedure\nNorthern Territory Aboriginal Sacred Sites Act 1989 18\nany, in the Register and on its so doing the site is registered as a\nsacred site for the purposes of this Act.\nDivision 3 Review procedure\n30 Application for review\n(1) A person who applied under section 19B for an Authority Certificate\nand who is aggrieved by:\n(a) a decision or action of the Authority under Division 1; or\n(b) the failure by the Authority within a reasonable time to come to a\ndecision on an application or request under Division 1A or\nDivision 1,\nmay apply to the Minister for a review of the decision, action or failure.\n(2) As soon as practicable after receiving an application under subsection\n(1) the Minister shall, after consulting with the Authority, request the\nAuthority to conduct a review of the matter the subject of the\napplication or refuse to ask the Authority to review the matter, and the\nMinister shall, in writing, advise the applicant accordingly.\n(3) Where the Minister refers a matter to the Authority for review, the\nAuthority shall provide:\n(a) the applicant under subsection (1);\n(b) where appropriate, the custodians of sacred sites affected; and\n(c) any other person appearing to the Authority to be affected,\nwith a notice:\n(d) stating the matter to be reviewed;\n(e) inviting them to make written representations in connection with\nthe review by a specified date, being not earlier than 28 days nor\nlater than 60 days after the date of the notice; and\n(f) specifying an address to which such representations may be\nsent.\n(4) Where, after due consideration of all representations made as a result\nof an invitation under subsection (3)(e) (but not later than 28 days after\nthe latest time limited by the notices under that subsection for the\nmaking of those representations), the Authority does not, by exercising\nits powers under any other provision of this Act, satisfy the concerns of\nthe applicant for the review, it shall provide the Minister with a report\nand its recommendations on the matter and copies of all documents or\nrecords likely to be relevant to the Minister's consideration of it.\n\nPart III Sites protection procedure\nDivision 3 Review procedure\nNorthern Territory Aboriginal Sacred Sites Act 1989 19\n31 Consideration of report and recommendations\nAs soon as practicable after the Minister receives the report and\nrecommendations provided under section 30(4), the Minister shall\nconsider the report, its attached documents, if any, the Authority's\nrecommendations and such other information as is available to him or\nher and, where the Minister considers it appropriate to enable him or\nher to better make his or her decision in relation to the application,\ndiscuss with the applicant, the custodians and any other person or\nbody who or which, in the Minister's opinion, has a legitimate interest in\nthe outcome of the Minister's decision, any aspect of the report and\nrecommendations.\n32 Decision of Minister\n(1) After considering the matter and carrying out the discussions, if any,\nreferred to in section 31 the Minister may in his or her discretion:\n(a) uphold the decision or action of the Authority; or\n(b) issue to the applicant for the review a certificate in relation to the\nland or any part of the land comprised in a sacred site or on\nwhich a sacred site is situated, setting out conditions, if any, on\nwhich work may be carried out on or use made of the land as the\nMinister thinks fit.\n(2) A certificate under subsection (1)(b) has the same effect as an\nAuthority Certificate and where it is in conflict with an Authority\nCertificate the Authority Certificate, to the extent of that inconsistency,\nhas no force or effect.\n(3) As soon as practicable after making it, the Minister shall, in writing,\ngive to the Authority and each person to whom a notice of the relevant\nreview was given under section 30(3), a notice of the Minister's\ndecision, the reasons for the decision and, where the Minister issues a\ncertificate as a result of the decision, a copy of that certificate.\n(4) Where the Minister issues or refuses to issue a certificate under\nsubsection (1)(b), the applicant, under section 30, may not seek a\nfurther review under that section unless the basis for the application is\nsubstantially different from the previous application and information,\ndocuments or records that are likely to be relevant for the\nconsideration of the Minister, being information, records or documents\nthat were not available to the Minister at the time of considering the\nprevious application, will be available to the Minister in connection with\nthe consideration of the further application.\n(5) The Minister shall cause to be laid before the Legislative Assembly a\ncopy of any notice given by him or her under subsection (3), together\nwith a copy of the reasons given therewith.\n\nPart IV Offences, penalties and procedures\nNorthern Territory Aboriginal Sacred Sites Act 1989 20\nPart IV Offences, penalties and procedures\n33 Entry onto sacred sites\nExcept in the performance of a function under this Act or otherwise in\naccordance with this Act (including a certificate or permission or\napproval under this Act) or the Land Rights Act, a person shall not\nenter or remain on a sacred site.\nMaximum penalty: In the case of a natural person – 200 penalty\nunits or imprisonment for 12 months.\nIn the case of a body corporate –\n1 000 penalty units.\n34 Work on sacred site\n(1) A person shall not carry out work on or use a sacred site.\nMaximum penalty: In the case of a natural person – 400 penalty\nunits or imprisonment for 2 years.\nIn the case of a body corporate –\n2 000 penalty units.\n(2) It is a defence to a prosecution for an offence against subsection (1) if\nit is proved that the defendant carried out the work on or used the\nsacred site with, and in accordance with the conditions of, an Authority\nCertificate or a Minister's Certificate permitting the defendant to do so.\n35 Desecration\nA person shall not desecrate a sacred site.\nMaximum penalty: In the case of a natural person – 400 penalty\nunits or imprisonment for 2 years.\nIn the case of a body corporate –\n2 000 penalty units.\n\nPart IV Offences, penalties and procedures\nNorthern Territory Aboriginal Sacred Sites Act 1989 21\n36 Defences\n(1) Subject to subsection (2), it is a defence to a prosecution for an\noffence against section 33, 34(1) or 35 if it is proved that the defendant\nhad no reasonable grounds for suspecting that the sacred site was a\nsacred site.\n(2) Where a sacred site in respect of which a charge for an offence\nagainst section 33, 34(1) or 35 is laid is on Aboriginal land within the\nmeaning of the Land Rights Act, the defence provided by subsection\n(1) shall not be available unless it is also proved that:\n(a) the defendant's presence on the land comprised in the sacred\nsite would not have been unlawful if the land had not been a\nsacred site; and\n(b) the defendant had taken reasonable steps to ascertain the\nlocation and extent of sacred sites on any part of that Aboriginal\nland likely to be visited by the defendant.\n37 Contravention of sites avoidance conditions\nA person who contravenes or fails to comply with a condition of an\nAuthority Certificate or a Minister's Certificate relating to work which\nmay be done on or use that may be made of land and by so doing\ncauses damage to a sacred site or distress to a custodian of a sacred\nsite, is guilty of an offence.\nMaximum penalty: In the case of a natural person – 200 penalty\nunits or imprisonment for 12 months.\nIn the case of a body corporate –\n1 000 penalty units.\n38 Secrecy\n(1) A person shall not, either directly or indirectly, except for the purposes\nof this Act or as permitted by the Authority:\n(a) make a record of, or communicate to a person, information of a\nsecret nature according to Aboriginal tradition acquired by reason\nof his or her membership of, or employment in the service of, the\nAuthority or involvement in a procedure for the purposes of this\nAct; or\n(b) produce to a person, or permit a person to have access to, a\ndocument furnished or produced for the purposes of this Act,\nincluding the Register and the register and other records referred\nto in section 26.\nMaximum penalty: 400 penalty units or imprisonment for 2 years.\n\nPart IV Offences, penalties and procedures\nNorthern Territory Aboriginal Sacred Sites Act 1989 22\n(2) In subsection (1):\nperson includes a court or tribunal.\n39 Authority to bring prosecutions\nA prosecution for an offence against this Act or the Regulations shall\nnot be brought except by the Authority.\n39A Time for commencing prosecution\n(1) A prosecution under this Act must be commenced:\n(a) within 2 years after the day on which the Authority becomes\naware of the commission of the alleged offence; or\n(b) within any further time the court allows.\n(2) The court may allow further time if it considers the delay was justified\nin all the circumstances, including the following:\n(a) the remoteness of the location where the offence is alleged to\nhave occurred;\n(b) the infrequency or irregularity of visits to that location;\n(c) any inability to visit that location because of Aboriginal tradition;\n(d) any difficulties in identifying or locating the alleged offender and\nany witnesses to the alleged offence.\nPart IVA Enforceable undertakings\n39B Enforceable undertakings\n(1) An enforceable undertaking is an enforceable promise given under\nthis Part by a person in relation to an alleged contravention of this Act\nor a term or condition of an Authority Certificate.\n(2) An enforceable undertaking may contain any of the following:\n(a) any terms and conditions that the Authority considers necessary\nto ensure compliance with this Act or with an Authority\nCertificate;\n(b) a requirement that the person who gives the undertaking carries\nout specified remediation work to rectify damage resulting from\nan action that is allegedly in contravention of this Act or an\nAuthority Certificate;\n\nPart IV Offences, penalties and procedures\nNorthern Territory Aboriginal Sacred Sites Act 1989 23\n(c) a requirement that the person who gives the undertaking\npublishes notice of the alleged contravention and any act or thing\ndone, or to be done, by the person.\n(3) An enforceable undertaking must include time limits for the\nperformance of any obligations and a method to monitor compliance\nwith the undertaking.\n(4) The process of negotiating an enforceable undertaking is without\nprejudice to any party's position.\n39C Authority may accept enforceable undertaking\n(1) The Authority may accept an enforceable undertaking given by a\nperson in connection with an alleged contravention of:\n(a) this Act; or\n(b) a term or condition of an Authority Certificate.\n(2) The Authority must consider the following before accepting the\nenforceable undertaking:\n(a) the nature and gravity of the conduct constituting the alleged\ncontravention;\n(b) if applicable – the maximum penalty provided for the alleged\ncontravention;\n(c) the benefits of the proposed undertaking and the public interest;\n(d) the interests of justice;\n(e) any other factor that the Authority considers relevant.\n(3) The enforceable undertaking must be in writing, signed by the\nAuthority and the person who gives the undertaking and dated.\n(4) The Authority must publish on the Authority's website, or in any other\nway determined to be appropriate by the Authority, notice of the\ndecision to accept the enforceable undertaking and of the reasons for\nthat decision.\n(5) The giving of the enforceable undertaking does not constitute an\nadmission of guilt by the person giving it in relation to the alleged\ncontravention.\n39D Enforcement orders\n(1) The Authority may apply to the Supreme Court for an order under\nsubsection (2) if the Authority considers that a person has contravened\nan enforceable undertaking accepted by the Authority.\n\nPart IV Offences, penalties and procedures\nNorthern Territory Aboriginal Sacred Sites Act 1989 24\n(2) The Supreme Court may make any of the following enforcement\norders if the Court is satisfied that the person has contravened the\nenforceable undertaking:\n(a) an order directing the person to comply with the undertaking;\n(b) an order directing the person to do any specified act or thing for\nthe purpose of complying with the undertaking;\n(c) an order directing the person to do any specified act or thing to\nminimise any harm or other impact resulting from the\ncontravention of the undertaking;\n(d) an order that the person pay an amount to the Authority for any\ncosts or expenses reasonably incurred by the Authority in taking\naction to minimise any harm or other impact resulting from the\ncontravention of the undertaking, including any investigation,\nlegal or court costs;\n(e) an order that the person pay an amount in compensation to any\nother person who has suffered loss or damage as a result of the\ncontravention of the undertaking;\n(f) an order revoking the undertaking;\n(g) any other order the Court considers appropriate in the\ncircumstances.\n39E Power of Authority to take action\n(1) If the Supreme Court makes an enforcement order under\nsection 39D(2) and the person in respect of whom it was made\ncontravenes the order, the Authority may:\n(a) do any act or thing specified in the order; or\n(b) do anything that is necessary or expedient to be done for the\npurpose of doing an act or thing specified in the order; or\n(c) publish notice that the person has contravened the order.\n(2) The Authority may recover the reasonable costs and expenses\nincurred in doing a specified act or thing under subsection (1) from the\nperson in respect of whom the enforcement order was made in a court\nof competent jurisdiction as a debt due and payable to the Territory.\n39F Variation or withdrawal of enforceable undertaking by interest\nholder\n(1) A person who has given an enforceable undertaking to the Authority\nmay vary or withdraw the undertaking with the consent of the Authority.\n\nPart V Miscellaneous\nNorthern Territory Aboriginal Sacred Sites Act 1989 25\n(2) Despite subsection (1), the provisions of an enforceable undertaking\ncannot be varied to provide for a different alleged contravention.\n(3) An enforceable undertaking is revoked on the withdrawal of the\nundertaking.\n(4) The Authority must publish on the Authority's website, or in any other\nway determined to be appropriate by the Authority, notice of the\ndecision to consent to the variation or withdrawal of an enforceable\nundertaking and of the reasons for that decision.\n39G No criminal proceedings while enforceable undertaking in\nforce\n(1) Subject to subsection (3), no proceedings for an alleged contravention\nof this Act may be commenced or continued against a person who has\ngiven an enforceable undertaking in relation to the contravention while\nthe undertaking is in force.\n(2) After accepting an enforceable undertaking from a person in relation to\nan alleged contravention of this Act, the Authority must take\nreasonable steps to have any prosecution against the person in\nrelation to the contravention stayed as soon as possible.\n(3) Proceedings may be instituted or resumed against a person who has\ngiven an enforceable undertaking in relation to an alleged\ncontravention of this Act if the undertaking is not complied with.\n39H No further proceedings if enforceable undertaking complied\nwith\nIf the Authority is satisfied that an enforceable undertaking in relation\nto an alleged contravention of this Act has been complied with:\n(a) the Authority must take reasonable steps to have any\nprosecution in relation to the contravention discontinued as soon\nas possible; and\n(b) a criminal proceeding for an offence that is constituted by the\nalleged contravention may not be commenced.\nPart V Miscellaneous\n40 Non-derogation from other laws or rights\n(1) Nothing in Part III purports or shall be taken to derogate from a\nprovision of any Act requiring consent, approval or permission for the\nwork or use of the land the subject of an Authority Certificate or\nMinister's Certificate or from the Aboriginal and Torres Strait Islander\nHeritage Protection Act 1984 of the Commonwealth or the Land Rights\n\nPart V Miscellaneous\nNorthern Territory Aboriginal Sacred Sites Act 1989 26\nAct.\n(2) Nothing in this Act shall be taken to prevent a person from directly\ncommunicating with a custodian about a sacred site or land on which a\nsacred site is situated.\n41 Powers to protect sacred sites\n(1) Without limiting the power of the Administrator to otherwise take steps\nto protect a sacred site, the Administrator may take, or promote, or\ncause to be taken, steps to protect sacred sites, under such laws in\nforce in the Territory as the Administrator considers appropriate:\n(a) by the acquisition of an area of land;\n(b) by the reservation of an area of Crown land;\n(c) by the vesting of title to an area of Crown land in the Authority;\n(d) where land is vested in, or is under the care, control or\nmanagement of, a statutory corporation, by recommending the\ntaking of special measures, including the making of\nby-laws, for the protection of the site; and\n(e) where a person has an estate or interest in land, by\nrecommending, and assisting with the funding of, special\nmeasures for the protection of the site.\n(2) The Regulations may provide for or relate to the protection of a sacred\nsite.\n42 Wishes of Aboriginals to be taken into account\nBefore exercising a power under this Act in respect of a sacred site,\nthe Authority or the Minister, as the case may be, shall take into\naccount the wishes of Aboriginals relating to the extent to which the\nsacred site should be protected.\n43 Permission to enter and remain on sacred site\n(1) Subject to the conditions, if any, of an Authority Certificate or a\nMinister's Certificate, a person may enter and remain on a sacred site\nwith the approval of the custodians of the site or the Authority provided\nthat the person does so in accordance with the conditions, if any, to\nwhich the approval is subject.\n(2) In this section:\n(a) approval includes a permit issued under section 29, and a\nwritten permission referred to in section 31(4), of the repealed\nActs in effect immediately before the commencement of this Act;\n\nPart V Miscellaneous\nNorthern Territory Aboriginal Sacred Sites Act 1989 27\n(b) Authority includes the Authority under the repealed Acts.\n44 Proprietary rights of owners of land preserved\n(1) Subject to subsection (2) and the conditions, if any, of an Authority\nCertificate or a Minister's Certificate, the owner of land comprised in a\nsacred site, or a person with the express permission of the owner, may\nenter and remain on that land and do anything thereon for the normal\nenjoyment of the owner's proprietary interest in the land.\n(2) Nothing in subsection (1) shall be taken to give a person a greater right\nwith the permission of the owner than that possessed by the owner\nhimself or herself.\n45 Evidence that site is sacred site\nFor the purposes of this Act, production of:\n(a) the Register; or\n(b) a certificate issued under the common seal of the Authority or the\nhand of the Chief Executive Officer certifying that an area of land\nis or was on a specified date registered in the Register,\nshall be accepted as prima facie evidence by all courts, judges and\npersons acting judicially, without further proof being required, that an\narea of land on the Register or the area of land to which the certificate\nrelates is a sacred site.\n46 Aboriginals' right of access to sacred sites\nNotwithstanding this or any other Act, Aboriginals shall have access to\nsacred sites in accordance with Aboriginal tradition and entry pursuant\nto such access is not an offence under this Act.\n47 Access to sacred sites across other land\n(1) Notwithstanding any Act or rule of law to the contrary, a person with\nthe express approval of the custodian of a sacred site, the Authority or\nthe Minister may, for a purpose:\n(a) permitted by Aboriginal tradition;\n(b) reasonably necessary for or in connection with the performance\nof a function or the exercising a power under this Act; or\n(c) reasonably necessary for or in connection with the preparation of\nan application under this Act or the Aboriginal and Torres Strait\nIslander Heritage Protection Act 1984 of the Commonwealth or\nthe preparation or hearing of a claim under the Land Rights Act,\nby reasonable means and by the most direct practical route between a\n\nPart V Miscellaneous\nNorthern Territory Aboriginal Sacred Sites Act 1989 28\nplace of public access and the sacred site (or between sacred sites),\nafter giving reasonable notice to the owner of the land he or she\nproposes to cross, but subject to subsection (2), cross any land to that\nsacred site or between sacred sites.\n(2) Where the owner of land given notice under subsection (1) requests\nthat an alternative route across the land be taken so as not to obstruct\nthe owner's normal activities on the land, a person to whom subsection\n(1) applies shall not cross the land except by that alternative route.\nMaximum penalty: In the case of a natural person – 200 penalty\nunits or imprisonment for 12 months.\nIn the case of a body corporate –\n1 000 penalty units.\n(3) Nothing in subsection (1) shall be taken to authorize a person to whom\nit applies to camp or otherwise reside on the land which under that\nsubsection he or she may cross.\n(4) A person who prevents a person from or obstructs a person exercising\na right under subsection (1) is guilty of an offence.\nMaximum penalty: In the case of a natural person – 200 penalty\nunits or imprisonment for 12 months.\nIn the case of a body corporate –\n1 000 penalty units.\n48 Inspection of register and other records\nA person may at any reasonable time, on payment of the prescribed\nfee, inspect so much of the Register or other records of the Authority\nas the Authority, in pursuance of section 10(g), is required to make\navailable for public inspection.\n48A Acquisition to be on just terms\n(1) If the application of a provision of this Act in a particular case would\nresult in an acquisition of property otherwise than on just terms, the\nperson from whom the property is acquired is entitled to such\ncompensation as is necessary to ensure that the acquisition is on just\nterms.\n(2) A court of competent jurisdiction may determine the amount of\ncompensation or make the orders that, in its opinion, are necessary to\nensure that the acquisition is on just terms.\n(3) In subsection (1):\nthis Act includes the repealed Acts.\n\nPart VI Repeal, savings and transitional\nNorthern Territory Aboriginal Sacred Sites Act 1989 29\n48B Fees and charges are debt due and payable\n(1) A fee or charge payable to the Authority under this Act is a debt due\nand payable to the Authority.\n(2) The Authority may waive all or part of a fee or charge under this Act.\n49 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(1A) The Regulations may prescribe:\n(a) guidelines for the Authority when classifying an application for\nthe purposes of section 19C;\n(b) the method of determining the charges that are payable in\nrespect of a non-standard application; and\n(c) the method of determining the charges that are payable in\nrespect of a conference referred to in section 19G.\n(2) The Regulations may provide for a penalty, not exceeding 100 penalty\nunits, for an offence against the Regulations.\nPart VI Repeal, savings and transitional\n50 Repeal\nThe Acts, and provision of an Act, listed in the Schedule are repealed.\n52 Interim Authority\nUntil the Authority is first properly constituted under this Act, the\nmembers of the Authority appointed by the Administrator under section\n5 of the repealed Acts and holding office immediately before the\ncommencement of this Act shall constitute the Authority under this Act,\nand the provisions of Division 1 of Part II of the repealed Acts relating\nto termination of membership, leave of absence, acting appointments\nand meetings shall apply, with such changes as the Minister thinks\nnecessary to enable the Authority to perform its functions and exercise\nits powers, as if those provisions were contained in this Act.\n\nPart VII Transitional matters for Northern Territory Aboriginal Sacred Sites Legislation\nAmendment Act 2025\nNorthern Territory Aboriginal Sacred Sites Act 1989 30\n53 Appointment of first Chairman, &c.\n(1) As soon as practicable after the Authority is first properly constituted\nunder this Act, the Minister shall call a meeting of the Authority at\nwhich it shall nominate an Aboriginal member to be its Chairman and\nanother to be its Deputy Chairman.\n(2) At a meeting called pursuant to subsection (1) the members present\nshall elect one of their number to preside until the resolution as to the\nmember to be nominated as Chairman is passed and on that\nresolution being passed that member shall be taken to be the\nChairman for the purposes of section 12, notwithstanding that he or\nshe has not yet been appointed under section 6(3).\n54 Property of former Authority\nIn addition to the register and records referred to in section 51(1), all\nother property or interests held by the Authority under the repealed\nActs for the purposes of those Acts immediately before the\ncommencement of this Act shall, on that commencement, become the\nproperty of the Authority and shall be applied by the Authority or\nexercised, as the case may be, for the purposes of this Act.\nPart VII Transitional matters for Northern Territory\nAboriginal Sacred Sites Legislation\nAmendment Act 2025\n55 Continuation of appointments and application of amendments\n(1) Despite the amendments made by the amending Act, a person who\nheld office as a member of the Authority immediately before the\ncommencement (an existing member) continues to be a member of\nthe Authority after the commencement.\n(2) For subsection (1), an existing member who is not an Aboriginal\nmember of the Authority is, after the commencement, taken to be a\nmember appointed on the nomination of the Minister under\nsection 6(2A), as in force after the commencement.\n(3) To avoid doubt:\n(a) section 7, as in force after the commencement, applies in\nrelation to an existing member; and\n(b) sections 24A and 24B, as in force after the commencement,\napply in relation to an Authority Certificate that was in effect\nimmediately before the commencement.\n\nPart VII Transitional matters for Northern Territory Aboriginal Sacred Sites Legislation\nAmendment Act 2025\nNorthern Territory Aboriginal Sacred Sites Act 1989 31\n(4) In this section:\namending Act means the Northern Territory Aboriginal Sacred Sites\nLegislation Amendment Act 2025.\ncommencement means the commencement of section 3 of the\namending Act.\n\nSchedule Acts and provisions repealed\nNorthern Territory Aboriginal Sacred Sites Act 1989 32\nSchedule Acts and provisions repealed\nsection 50\nAct or Provision Number and year\nAboriginal Sacred Sites Ordinance 1978 No. 115, 1978\nAboriginal Sacred Sites Act (No. 2) 1978 No. 116, 1978\nAboriginal Sacred Sites Amendment Act 1983 No. 57, 1983\nSection 9(1) of the Public Service and Statutory\nAuthorities Amendment Act 1985\n\nENDNOTES\nNorthern Territory Aboriginal Sacred Sites Act 1989 33\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nNorthern Territory Aboriginal Sacred Sites Act 1989 (Act No. 29, 1989)\nAssent date 23 June 1989\nCommenced 15 August 1989 (Gaz S45, 15 August 1989)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993 (Act\nNo. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June\n1993)\nFinancial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)\nAssent date 21 March 1995\nCommenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4,\n1995) and Gaz S13, 31 March 1995)\nMental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,\n1999)\nAssent date 25 March 1999\nCommenced 1 February 2000 (s 2, s 2 Mental Health and Related Services\nAct 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000, p 2)\nNorthern Territory Aboriginal Sacred Sites Amendment Act 2002 (Act No. 65, 2002)\nAssent date 9 December 2002\nCommenced 15 August 1989 (s 2 and back note 1 Northern Territory\nAboriginal Sacred Sites Amendment Act 2002 (Act No. 65,\n2002))\n\nENDNOTES\nNorthern Territory Aboriginal Sacred Sites Act 1989 34\nNorthern Territory Aboriginal Sacred Sites Amendment Act 2003 (Act No. 47, 2003)\nAssent date 18 September 2003\nCommenced 3 March 2004 (Gaz G9, 3 March 2004, p 5)\nNorthern Territory Aboriginal Sacred Sites Amendment Act 2005 (Act No. 42, 2005)\nAssent date 14 December 2005\nCommenced 29 March 2006 (Gaz S6, 29 March 2006)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (s 2, s 2 Mineral Titles Act 2010 (Act No. 27,\n2010) and Gaz G41, 12 October 2011, p 5)\nPublic Sector Employment and Management Amendment Act 2011 (Act No. 29, 2011)\nAssent date 31 August 2011\nCommenced 1 January 2012 (Gaz S73, 20 December 2011, p 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nNorthern Territory Aboriginal Sacred Sites Legislation Amendment Act 2025\n(Act No. 11, 2025)\nAssent date 29 May 2025\nCommenced 30 May 2025 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table of\namendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 7, 15 and 17.\n4 LIST OF AMENDMENTS\ns 3 amd No. 37, 2010, s 9; No. 11. 2025, s 4\ns 4 sub No. 42, 2005, s 4\ns 6 amd No. 11, 2025, s 5\ns 5 amd No. 5, 1995, s 19\ns 7 amd No. 11, 1999, s 4; No. 11, 2025, s 6\ns 10 amd No. 47, 2003, s 9\ns 15 amd No. 28, 1993, s 3; No. 29, 2011, s 45\ns 17 amd No. 28, 1993, s 3\npt III\ndiv 1A hdg ins No. 47, 2003, s 4\nss 19A – 19L ins No. 47, 2003, s 4\nss 20 – 21 rep No. 47, 2003, s 5\nss 22 – 24 amd No. 47, 2003, s 9\nss 24A – 24B ins No. 11, 2025, s 7\ns 25 amd No. 11, 2025, s 8\ns 30 amd No. 47, 2003, s 9\nss 33 – 35 amd No. 47, 2003, s 9; No. 23, 2013, s 15\ns 37 amd No. 47, 2003, s 9; No. 23, 2013, s 15\ns 38 amd No. 47, 2003, s 9; No. 42, 2005, s 5; No. 23, 2013, s 15\ns 39A ins No. 42, 2005, s 6\npt IVA hdg ins No. 11, 2025, s 9\nss 39B – 39H ins No. 11, 2025, s 9\ns 47 amd No. 47, 2003, s 9; No. 23, 2013, s 15\ns 48 amd No. 47, 2003, s 6\n\nENDNOTES\nNorthern Territory Aboriginal Sacred Sites Act 1989 35\ns 48A ins No. 65, 2002, s 3\ns 48B ins No. 47, 2003, s 7\ns 49 amd No. 47, 2003, s 8\ns 51 exp No 29, 1989, s 51(6)\npt VII hdg ins No. 11, 2025, s 10\ns 55 ins No. 11, 2025, s 10","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1989 Act focused on establishing a procedural balance between site preservation and land development through an Authority, registration, certificates and offences. Amendments, particularly the 2003 changes inserting the detailed application and fee regime in Division 1A and the 2025 amendments adding enforceable undertakings (Part IVA), certificate transfer and recorded-party mechanisms (ss 24A–24B), and updated ministerial nomination of non-Aboriginal members, have expanded the administrative toolkit, compliance options and cost-recovery powers well beyond the initial framework while retaining the core protective intent."},"complexity_factors":["Extensive cross-referencing to the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) for core definitions such as 'sacred site' and 'Aboriginal tradition'","Multi-stage application and certification process in Part III (Divisions 1A, 1, 2 and 3) with classification of standard vs non-standard applications, mandatory consultation timelines, conference procedures, fees, security requirements and ministerial review","Detailed governance rules for the Authority in Part II including gender-balanced custodian membership, quorum rules that respect Aboriginal tradition, acting appointments and ministerial override powers","Layered offence provisions in Part IV with specific defences that differ depending on whether the site is on Aboriginal land, plus a separate regime of enforceable undertakings added in 2025","Transitional provisions, savings from repealed 1978 legislation, and 2025 amendments that introduce certificate transferability, recorded parties and continuation of existing appointments"],"plain_english_summary":"**This law protects Aboriginal sacred sites in the Northern Territory while trying to balance that protection with the needs of everyone else to use land for work, development, and daily life.**\n\nIt creates an independent body called the Aboriginal Areas Protection Authority. This Authority checks applications from people who want to do work or use land. It talks to the Aboriginal custodians (the people traditionally responsible for each site) and can issue a certificate that says it is safe to proceed, or sets conditions to avoid damaging the site. The law also lets custodians apply to have sites officially recorded in a register.\n\nIt is illegal to enter, work on, or damage a sacred site without permission. There are big fines (up to 400 penalty units or 2 years in prison for individuals) and even higher ones for companies. There are defences if you genuinely did not know the site existed and took reasonable steps to check. Recent updates let the Authority accept 'enforceable undertakings' – formal promises to fix problems or pay for repairs instead of going straight to court.\n\nThe Act tries to respect Aboriginal traditions (including secrecy rules and gender protocols for meetings) while preserving landowners' normal property rights and not blocking other laws. It matters because it gives a practical process for avoiding conflict between cultural heritage and economic activity across the Territory, including on both Aboriginal land and other tenures."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's operational scope was expanded by later amendments reflected in this reprint. Notably, the 2025 amendments introduced a non‑criminal compliance track of enforceable undertakings and associated court enforcement and cost‑recovery powers (ss 39B–39H, 39D–39E), and introduced formal transfer and recorded‑party mechanisms for Authority Certificates (ss 24A–24B) together with transitional arrangements (s 55). These additions add administrative and enforcement options beyond the original criminal and certificate framework, increasing the Authority's toolbox for dealing with alleged contraventions and enabling transferability of permissions (ss 39B–39H; ss 24A–24B; s 55)."},"complexity_factors":["Multiple procedural pathways and decision makers: Authority roles and Ministerial review with discretionary referral and final decision (ss 5(5), 19C, 30–32).","Layered application rules with classification (standard/non‑standard), fee and cost‑recovery regime and applicant confirmations (ss 19B–19K).","Mandatory consultation with custodians and optional conferences with cost recovery and timing requirements (ss 19F–19L).","Criminal offences with substantial penalties alongside a civil compliance regime of enforceable undertakings and court enforcement (ss 33–37; ss 39B–39H; ss 39D–39E).","Secrecy constraints on records and communications combined with public registers that are prima facie evidence (ss 10(g), 26, 38, 45).","Transferability and recorded‑party mechanisms add administrative complexity to certificate management (ss 24A–24B).","Interactions and savings with other laws and compensation rules for acquisition on just terms (ss 40, 48A).","Governance arrangements and appointment/termination powers for Authority members, including Minister/Administrator influence (ss 6–9, 7(3A)–(3B))."],"plain_english_summary":"# What this law does (mechanical changes first)\n\n- Establishes the Aboriginal Areas Protection Authority (the Authority) as a corporate body with a prescribed membership, staff, powers and reporting duties (ss 5–19). The Minister may direct the Authority in many areas of its work (s 5(5)).\n- Creates a regulated application process for people who propose to use or carry out work on land that may affect a sacred site: applications in an approved form, classification as standard or non-standard, prescribed fees for standard applications and cost-recovery charges for non-standard applications, consultation with site custodians and the option of a conference (ss 19B–19L, 19C–19D, 19F–19L).\n- Gives the Authority power to issue Authority Certificates permitting specified work or use on particular parts of land on stated conditions (s 22). Certificates may be varied, transferred and have recorded parties added (ss 23, 24A, 24B). Certificates and associated registers are kept by the Authority (ss 26, 45).\n- Provides a registration process for custodians to apply to have a place recorded as a sacred site, requires consultation with custodians and notice to affected land owners, and records site information in the Register if the Authority is satisfied the place is a sacred site (ss 27–29).\n- Establishes a review pathway: applicants aggrieved by Authority decisions may apply to the Minister for review; the Minister may ask the Authority to review or make a final decision and may itself issue a Minister's Certificate which operates like an Authority Certificate (ss 30–32).\n- Creates criminal offences and prescribed penalties for entering, working on or desecrating sacred sites except in accordance with the Act, and offences for contravening certificate conditions and unlawful disclosure of secret information (ss 33–38). The Authority is the prosecuting agency under the Act (s 39).\n- Provides non-criminal compliance tools: the Act (as amended) allows the Authority to accept enforceable undertakings (written, time‑limited promises with monitorable obligations) instead of, or pending, prosecutions and to seek Supreme Court enforcement orders and costs recovery if undertakings are breached (ss 39B–39H, 39D–39E).\n- Preserves owners' proprietary rights subject to certificates, protects Aboriginal access according to tradition, allows authorised crossing of intervening land to reach sacred sites (with notice) and contains acquisition/compensation safeguards if the Act operates as an acquisition (ss 44–48A, 46–47).\n\nOfficial statement of purpose (as stated in the Act)\n\n- The long title and opening note state the Act is intended to \"effect a practical balance between the recognized need to preserve and enhance Aboriginal cultural tradition... and the aspirations of the Aboriginal and all other peoples of the Territory for their economic, cultural and social advancement, by establishing a procedure for the protection and registration of sacred sites... and establishing an Authority\" (Long title and opening paragraphs).\n\nHow the Act works in practice — who it affects and why it matters\n\n- Who decides: The Authority is the primary decision‑maker for classifying applications, consulting custodians, issuing or refusing Authority Certificates, keeping the Register and bringing prosecutions (ss 5–11, 19C, 22, 26, 39). The Minister can direct the Authority in many matters (s 5(5)), require security for charges (s 19J), and provide final review decisions including issuing Minister's Certificates (ss 30–32). The Administrator appoints members and may terminate Aboriginal members for incompetence or misbehaviour (ss 6, 7).\n\n- Who pays / bears costs: Applicants pay prescribed fees for standard applications and may be charged to recover the Authority's costs for non‑standard applications and conferences; the applicant must confirm in writing to proceed where charges apply, and may be required to lodge security with the Minister (ss 19D, 19E, 19J, 19K). If an enforceable undertaking is breached the court may order payment of costs, compensation and other financial remedies (s 39D(2)(d)–(e)). Fees and charges are debts owing to the Authority (s 48B).\n\n- Behaviour changes required of private actors: Anyone proposing to use or work on land likely to affect sacred sites must apply (s 19B), be prepared for consultation and possible conditions, and comply with Authority or Minister's Certificates; unlawful entry, work or desecration are criminal offences with prescribed penalties (ss 33–35, 37). Applicants face procedural steps (classification, consultation, possible conference) and payment obligations before proceeding (ss 19C–19L).\n\n- Incentives, trade‑offs and opportunity costs:\n  - The Act creates an administrative pathway to lawfully carry out work by obtaining a certificate (s 22), which can enable projects but may impose conditions that change project design, timing or cost.\n  - For complex or contested matters the Authority may treat applications as non‑standard and recover costs (s 19D–19E), creating a direct financial incentive for applicants to design standard applications or to negotiate early with custodians.\n  - The Ministerial review route gives applicants a further pathway but adds time and discretionary decision points (ss 30–32).\n  - The Authority’s ability to accept enforceable undertakings (ss 39B–39H) provides a non‑criminal compliance option for alleged contraventions, trading the uncertainty and cost of prosecution for negotiated remediation, monitoring and publicity obligations; however, court enforcement and costs recovery are available if undertakings are breached (ss 39D–39E).\n\n- Compliance burden and administrative discretion:\n  - The Act requires consultation with custodians within specified timeframes (s 19F), and allows conferences with cost recovery where they are likely to entail significant costs (s 19G–19L). These are concrete administrative steps that take time and resources from both applicants and the Authority.\n  - The Authority has a delegation power and may be subject to Ministerial direction in many respects (ss 19, 5(5)), giving the executive branch and the Authority significant discretion in classification, charging and enforcement.\n  - Secrecy obligations restrict record‑making or disclosure of tradition‑based secret matters and some register details (s 38, s 10(g)); this limits public disclosure and may complicate evidence or planning for applicants.\n\n- Effects on private enterprise, ownership and contract freedom:\n  - The Act preserves proprietary rights subject to certificates (s 44) but may limit how an owner or a third party can use land where a sacred site is registered or where a certificate imposes conditions (ss 22, 25). Owners are given notice and an opportunity to make written representations before registration of a site on their land (s 28).\n  - Transferability of Authority Certificates (s 24A) and the ability to specify classes of recorded parties (s 24B) create administrative mechanisms to assign permission to new operators or to multiple users, which can support commercial transactions but require Authority approval and payment of any prescribed fee.\n  - The Act does not remove other statutory consents or approvals required for a project; those remain separately necessary (s 40).\n\n- Enforcement and risk allocation:\n  - Criminal penalties for unauthorised entry, work or desecration are significant (s 33–35) and prosecutions may only be brought by the Authority (s 39), concentrating enforcement control in the Authority.\n  - The enforceable undertakings framework (ss 39B–39H) provides a negotiated compliance path with publication obligations (s 39B(2)(c), s 39C(4)), monitoring elements (s 39B(3)) and court enforceability (s 39D), shifting some enforcement from purely criminal to civil‑contractual remedies.\n\n- Implementation risks and likely operational frictions:\n  - Timelines and duties to consult custodians (s 19F) can delay projects where multiple sites or custodial views are involved.\n  - Classification as non‑standard triggers cost recovery and possible security requirements (ss 19D, 19E, 19J), creating an upfront financial hurdle for complex projects.\n  - Secrecy rules (s 38) limit transparent sharing of site details and may complicate project planning and evidentiary proof, while the Register is accepted as prima facie evidence that a place is a sacred site (s 45), shifting evidentiary burdens.\n  - Ministerial discretion in review and the Authority's prosecutorial monopoly (ss 30–32, 39) concentrate decision power and can create single points where policy or resources affect outcomes.\n\nKey statutory safeguards and cross‑links\n\n- The Act preserves other statutory approval regimes and Commonwealth heritage law (s 40).\n- If application of the Act results in acquisition otherwise than on just terms, compensation is available (s 48A).\n- The Register and many records are public subject to secrecy exceptions; fees apply to inspection (ss 10(g), 26, 48).\n\nSections cited for main points: ss 5–19 (administration), ss 19A–19L (application procedure), ss 22–26 (Authority Certificates, effect, register), ss 27–29 (site registration), ss 30–32 (review), ss 33–39 (offences and prosecutions), ss 39B–39H and ss 39D–39E (enforceable undertakings and court enforcement), ss 38, 45 (secrecy and evidence), ss 44–48A (owners' rights and acquisition), ss 24A–24B (transfer and recorded parties), s 40 (non‑derogation).\n"}},"importantCases":[],"_links":{"self":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989","history":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989/history","analysis":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989/analysis","conflicts":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989/conflicts","importantCases":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989/important-cases","documents":"/api/acts/northern-territory-aboriginal-sacred-sites-act-1989/documents"}}