In short:
The leaseholders of Wave Hill Station have been convicted and fined $250,000 for damaging relics at the heritage-listed Wave Hill walk-off site.
The station was the site of a historic walk-off by Gurindji stockmen in 1966, a moment that sparked the Aboriginal land rights movement.
What’s next?
Wave Hill Holdings said it would restore a felled windmill and fencing that marked the walk-off route “as soon as possible”.
The leaseholders of the Northern Territory’s historic Wave Hill Station have been convicted and fined $250,000 for damaging one of Australia’s most significant landmarks for Aboriginal land rights.
Wave Hill Station was the site of a 1966 walk-off by Gurindji stockmen protesting the harsh working conditions and meagre rations that were given to Aboriginal workers at the time.
The walk-off later became famous in 1975 when then-prime minister Gough Whitlam ceremonially returned a small portion of land to Gurindji leader Vincent Lingiari.
After acquiring the 3 million-acre station in 2021, Wave Hill Holdings conducted extensive works to repair and upgrade various infrastructure on the site.
The company pleaded guilty in Darwin Local Court on Friday for damaging two of the last remaining features of the original site, including felling a windmill and removing 800 metres of fencing that marked the walk-off route.
Judge Alan Woodcock said Wave Hill Holdings had “acted in good faith before, during, and after the offending” and “clearly values their relationship with the local people”.
He said despite the “excellent character” of the company, a serious punishment was warranted.
“The heritage place itself is a place of national significance that is linked to the shaping of modern Australia,” he said.
Judge Woodcock said it should have been “immediately apparent” the windmill and fence were heritage-listed given signage that was in place prior to the works being carried out.
‘No evidence’ of consultation with traditional owners
In his closing submissions, lawyer for the NT government’s Heritage Branch Michael McCarthy described the defendant’s claims that the damage was accidental as “disingenuous” given the “clear signage” showing the historical significance of the windmill and fencing.
He said despite the “clear risk” posed by the repair works, there was “no evidence” the company took steps to protect the site by consulting the heritage council or Gurindji traditional owners.
“Either would have cost nothing and would have prevented damage from occurring,” Mr McCarthy said.
He said the windmill and fence line were two of “very few structures” left which demonstrated how the station looked at the time of the walk-off, and said both remained important to traditional owners.
“This is one of the most significant heritage places in the country and in the face of clear risk to it, the defendant failed to take obvious and inexpensive steps to avoid that risk,” he said.
Mr McCarthy also referenced a statement from a Gurindji elder who expressed “anger and disbelief” about damage to the site, as two representatives for the Gurindji people sat in court.
‘Everything can be fixed’
Defence barrister Mark Thomas told the court Wave Hill Holdings bought the property four years ago with the intention of “opening up a new era” for the station and for traditional owners.
Mr Thomas said the property was in “very poor condition” and works were undertaken to make the station “better, healthier, and safer” for animals and workers.
“Regrettably, there should have been consultation, it should have occurred, it didn’t,” he said.
Mr Thomas also told the court the company was willing and able to repair the damage.
“All of the property involved here can be … replaced rapidly and replaced in consultation with the Gurindji,” he said.
Speaking outside court following the decision, Wave Hill Holdings managing director Callum MacLachlan said the company acknowledged the “error”.
“Since we became the leaseholder of Wave Hill, we’ve built a respectful relationship with the Gurindji. It’s a relationship that I believe will endure into the future for the benefit of all,” he said.
Mr MacLachlan said the company would resurrect the windmill and fence line “as soon as possible” and hoped it would occur “long before” the next Freedom Day march.